Combined_Synopsis_Solicitation_R17PS00409,_Wastewater_Treatment_Facility_Operator.pdf

Combined Synopsis/Solicitation

R17PS00409

BUREAU OF RECLAMATION, MID-PACIFIC REGION

SACRAMENTO, CALIFORNIA

New Melones Lake Wastewater Treatment Facility Operator

Tuolumne and Calaveras Counties, CA

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart

12.6, as supplemented with FAR part 13 and additional information included in this notice. The Bureau of

Reclamation intends to award a Time and Materials Purchase Order in response to this solicitation. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement is being set aside 100% for Small Business.

GENERAL INFORMATION

RFQ Number: R17PS00409

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

North American Industry Classification Code

(NAICS): 221320 Size Standard: $20.5 Million

Set-aside 100% for Small

Business

Quotes are due Thursday

May 4, 2017 at 4:00 pm PDT to lstjohn@usbr.gov

See next page

Periods of performance (POP) are listed with approximate dates. The date we expect to have the POP begin is May

15, 2017. The actual POP will begin no later than 14 calendar days after the date of contract award.

QUOTE/PRICING SCHEDULE

mailto:lstjohn@usbr.gov

R17PS00490

ITEM

NO.

DESCRIPTION OF SERVICES ESTIMATED

QTY

UNIT

OF

ISSUE

UNIT

PRICE

TOTAL

AMOUNT

0001 Base Year (Approx 5/15/17-4/14/18)

Contractor to provide monitoring during normal work hours as stated in Paragraph 9 of

PWS. Contractor shall be paid only for hours worked. This is a not-to-exceed line item.

740 Hour

0002 Base Year (Approx 5/15/17-4/14/18)

Emergency call out hours. Refer to Paragraph

9 of PWS. Contractor shall be paid only for hours worked. This is a not-to-exceed line item.

42 Hour

0003 Option Year 1 (Approx 5/15/18-4/14/19)

Contractor to provide monitoring during normal work hours as stated in Paragraph 9 of

PWS. Contractor shall be paid for only hours

0004 Option Year 1 (Approx 5/15/18-4/14/19)

9 of PWS. Contractor shall be paid only for hours worked. This is a not-to-exceed line item. Option Year 1 (Approx 5/15/18-4/14/19)

0005 Option Year 2 (Approx 5/15/19-4/14/2020)

Contractor to provide monitoring during normal work hours as stated in Paragraph 9 of

PWS. Contractor shall be paid only for hours

0006 Option Year 2 (Approx 5/15/19-4/14/2020)

9 of PWS. Contractor shall be paid only for hours worked.

TOTAL AMOUNT

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

Offeror’s Business Information:

Business Name: ______________________

Busineess Address: ______________________

Authorized Agent’s Signature/Date

DUNS Number or Cage Code: ______________________

Business Size (select one): Large Small

APPLICABLE WAGE DETERMINATION:

Wage Determination No.: 2015-5665

Revision No.: 2

Date of Revision: 12/30/2016

This document can be viewed at: http://www.wdol.gov/sca.aspx

Please see further instructions for quote submission under Provision 52.212-1 on page 30 of this document.

Documents necessary for quote submission are as follows:

1. Technical proposal detailing how contractor shall perform tasks in Performance Work

Statement; Copy of Contractor’s current Grade 1 (minimum) Wastewater Operator Certificate issued by the state of California.

2. Completed and signed Proposal Pricing Schedule, Pages 2 through 4 of this document

3. Offerors must be registered in System for Award Management (SAM) in order to be considered for award. The Completed provision 52.212-3, Offeror’s Representations and Certifications are part of this solicitation. NOTE: The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the

System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the

Offeror has not completed the annual representations and certifications electronically, the

Offeror shall complete only paragraphs (c) through (u) of this provision.

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

Performance Work Statement

New Melones Lake Wastewater Operator

April 2017

1. Points of Contact: To be named at time of award

Contracting Officers Representative: To be named at time of award

2. General Description:

The Government requires a Wastewater Operator Contractor to provide ongoing operation and monitoring of the

Wastewater Treatment Facilities (WWTFs) at the Glory Hole and Tuttletown Recreation Areas (two separate facilities). A contractor is needed to provide services on an ‘as needed’ basis when the usual Government employee WWTF operator is temporarily unavailable due to vacation, sickness, etc. The contractor needs to be available 24-hours a day, 365-days a year. The contractor monitors the WWTFs and collects samples in accordance with current Monitoring and Reporting Programs (MRPs), submits data to the COR, Resource Ranger, Government

Wastewater Operator, assists Natural Resource Specialist, and management on technical and operational elements of reporting.

The duties of the contractor include activities required to keep the wastewater facilities at New Melones Reservoir in compliance with Waste Discharge Requirement (WDR) permits. The California Regional Water Quality Control

Board (RWQCB), Central Valley Region, issued WDRs for the WWTF at Tuttletown (Order Number 87-084) and

Glory Hole (Order Number R5-2002-0125). Reclamation is the named discharger in these WDR permits, and is responsible for the operation of these WWTFs. Per the requirements of the State of California and the RWQCB, the contractor (Operator) must possess a current Wastewater Operator certification at Grade 1 (minimum) from the

California Office of Operator Certification and be registered by the State Water Resources Control Board as a contract operator and be able to serve in the capacity of Chief Operator.

The WDR for Glory Hole WWTF requires ongoing monitoring and monthly, semiannual and annual reporting.

The WDR for Tuttletown WWTF requires ongoing monitoring and annual reporting if requested by the RWQCB.

The current MRP at Tuttletown does not require any sampling of groundwater monitoring wells at that location, however continuing with semiannual sampling is beneficial to Reclamation. Voluntary groundwater monitoring at

Tuttletown will be performed at the discretion of the Resource Manager until there is a revised MRP requiring groundwater monitoring at this location. Reporting on the required monitoring shall be submitted in accordance with the due dates specified in each WDR.

3. Location of Services: Contract services shall be performed in Tuolumne and Calaveras Counties in California.

4. General Requirements:

a. Contractor shall possess a current Wastewater Operator certification at Grade 1 (minimum) from the

California Office of Operator Certification and be registered by the State Water Resources Control Board as a contract operator. Contractor shall provide a copy of current certificates to the COR.

b. Contractor shall operate the wastewater facilities in the Glory Hole and Tuttletown Recreation Areas on an as needed basis in accordance with the WDR’s cited above and under the certificate of the contract operator.

c. Contractor shall perform monitoring and reporting for the wastewater facilities in the Glory Hole and Tuttletown

Recreation Areas on an as needed basis in accordance with the WDR’s cited above.

d. Contractor shall respond to emergencies of all types that involve the wastewater systems and take necessary actions to prevent sewage overflows, protect equipment and to resolve wastewater issues. Contractor shall respond to the site of an emergency within one hour of telephonic notification.

e. As required, contractor shall provide all field data sheets to the Government Wastewater Operator, Natural

Resource Specialist or other staff promptly at the end of the month, and will assist in providing information necessary to the completion of reports. The contractor will also work with New Melones staff to ensure the efficient maintenance and repair of the wastewater system at New Melones. Additionally, the contractor may need to meet with additional Reclamation staff, outside contractors and State regulatory staff to provide information.

Contractor shall obtain approval of COTR prior to contacting outside contractors or state regulatory staff.

f. Contractor shall be on-demand and available 24-hours a day, 365-days a year and shall maintain an emergency phone number for notifications.

g. Contractor shall ensure that an alternate state certified wastewater operator is available to provide service during periods when the primary contractor is unavailable. The alternate contract operator will ensure continuity of operations for periods when the primary contractor is unable to provide service. The primary operator will provide advance notice to the COTR prior to the designation of an alternate operator. The alternate operator shall maintain a current Wastewater Operator certification at Grade 1 (minimum) from the California Office of Operator

Certification and be registered by the State Water Resources Control Board as a contract operator. Contractor shall provide a copy of current certificates to the COR.

5. Estimated Quantity Line Items: All Line Items with quantities are estimated-quantity Line Items. The quantities are estimated amounts and are not guaranteed amounts. The contractor will only be paid for work actually performed. At no time will the contractor exceed the estimated quantity on any estimated quantity Line

Item. The contractor will establish a tracking system of actual quantities against the contract’s estimated quantities for each estimated quantity Line Item and will maintain the tracking system up to date throughout the life of the contract. When the actual quantity of any Line Item reaches 75% of the estimated quantity on any estimated quantity Line Item, the contractor will notify the Government’s Contract Specialist and the COTR in writing by fax or e-mail within two calendar days. Once the Government is notified that the actual quantity has reached 75% of the estimated quantity on any Line Item and if the Government determines that the estimated quantity needs to be increased, the contractor will receive an official modification to the contract action signed by the Contracting

Officer increasing the quantity and the amount obligated on the contract BEFORE the contractor will proceed to work over the existing estimated quantity. The modification will establish the new estimated quantity that the contractor shall not exceed without another modification. Every invoice will be accompanied by a full accounting of each Line Item being billed, the actual quantity being billed and supporting documentation to support the actual quantities.

6. Invoices: The U. S. Bureau of Reclamation will be invoiced on a monthly basis for the actual hours worked.

Payment shall be made monthly in arrears at the contract unit price for services performed in accordance with the pricing schedule and as described herein. The Government shall pay the Contractor upon submission of proper invoices for services delivered and accepted for the portion of the work actually performed under the contract.

7. Period of Performance: Period of performance will be for a Base Year and two (2) Option Years. The Option

Years will be exercised based on the performance of the contractor and the existing need for the services by the

Government.

8. Security: Contractor shall maintain security of keys and equipment issued as a part of this contract. Contractor shall carry photo identification at all times when performing contract services.

9. Service Schedule: There is no established service schedule. Contractor will provide a monthly service schedule to the COTR for approval 5 days prior to the beginning of each month. Normal hours of service will be between the hours of 6:00 am and 5:00 pm, Monday through Friday, excluding Federal holidays. Emergency callout hours of service will be between the hours of 5:00 pm and 6:00 am, Monday through Friday, and all hours of weekends and Federal holidays.

10. Equipment and Supplies: The Contractor shall furnish all hand tools and testing equipment to satisfactorily perform the services specified herein. Contractor may request the COR to schedule government staff and equipment to assist contractor during emergency operations, repairs, or other tasks required by this contract.

11. Accident Report Procedure:

In the event of an accident, hazardous materials spill, or incident involving the Contractor while in performance of the contract, the Contractor shall submit a report to the Contracting Officer's Technical Representative, no later than

3 working days, in letter form that will include the following: (1) The time and date of occurrence, (2) the place of occurrence, (3) a list of personnel directly involved, (4) a narrative description of the accident that includes a chronological order of facts and circumstances leading to mishap, the results of the investigation and an analysis to include a discussion of all cause factors listed, findings, recommendation, and any corrective action taken, and (5) the signature of the supervisor at the time of the mishap.

12. Caution and Safety: Safety is a special requirement that cannot be overstated. All written safety procedures on chemicals and working materials shall be observed and followed at all times. Wearing of hardhats is required in posted areas. The Contractor shall abide by all Bureau of Reclamation safety rules and regulations including but not limited to Reclamation Safety and Health Standards dated October 2009. The Contractor shall direct any questions regarding safety to the Contracting Officer’s Representative.

a. Prior to work under this contract, the Contractor and designated representative of the Contracting Officer will jointly prepare a Safety Action Plan/Hazard Analysis, which will become an integral part of this contract. It shall ensure compliance with all regulations, Bureau of Reclamation safety and health standards, OSHA requirements, all federal, state, municipal safety, health and sanitary statues and codes. This Plan will include, but will not be limited to the appropriate use and disposal of chemical compounds, protection of areas during service, monitoring and operation, fire prevention, hazardous spill contingency plan, confined space operations, use of personal protective equipment, biological hazard protection, electrical safety, and all applicable safety and health standards. It shall provide for the protection of employees, sub-contractors, the general public, and the environment from physical hazards at all project locations. It may be reviewed by the CCAO Safety Office.

b. Prior to work under this contract, the Contractor shall submit for approval by the Contracting Officer’s

Representative a supplier’s “Material Safety Data Sheet” or “OSHA Form 20” for all cleaning agents, disinfectants and/or other chemical compounds to be used within the scope of this contract. The Contracting Officer’s representative retains the right to reject any material that may create a safety or health hazard.

c. The Contractor’s equipment and vehicles will meet all safety standards as required by Federal, State, and

Occupational Safety and Health Act (OSHA) standards.

d. The Contractor will not be entitled to any claim for damages resulting from the termination of operation for safety hazards or violations of safety precautions or because equipment is not of commercial quality.

e. The Contracting Officer’s Representative may stop work immediately if any procedure or operation under this contract is in violation with the above or is an immediate obvious safety hazard.

13. Government Responsibilities:

a. Inspections: The Government shall inspect the Contractor’s performance in all functional areas under this contract and shall reserve the right to use whatever additional surveillance procedures are deemed appropriate.

Contractor services shall be inspected using the random sampling method, the planned sampling method and/or

100% inspection method. The Government reserves the right to change or alter the type of inspection plan at its discretion at any time.

b. Performance Based Plan:

1) Monitoring Performance: During the course of the evaluation period, the COR will track Contractor performance. Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the

Contractor's performance during the period being evaluated. At the end of the period, the COR will assess the

Contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP) and report to the

Contracting Officer.

2) Contractor Self-Assessment: Following each evaluation period, the Contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted not later than 5 working days after the end of each evaluation period. The self-evaluation shall not exceed 1 page per PRS element. The self-assessment shall address both the strengths and weaknesses of the Contractor's performance during the evaluation period. Where deficiencies in performance are noted, the Contractor shall describe the actions planned or taken to correct such deficiencies and avoid their recurrence. The self-assessment itself will NOT be the basis for the payment determination.

3) COR Recommendation: The COR will consider all evaluations and any other pertinent information, including

Contractor self-assessment, and will prepare a report to the Contracting Officer with findings and recommendations. The Contractor will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual errors. The COR's draft recommendation is not subject to negotiation and the COR will not engage in discussions with the Contractor. Any errors identified by the Contractor will be addressed by the COR in its final report. The Contractor will be provided a copy of the final COR report at the same time the report is submitted to the Contracting Officer.

4) Payment Determination: The Contracting Officer may meet with the COR to discuss the COR's report. The

Contracting Officer will make a final determination in writing as to the percentage of work successfully completed, and the resulting payment to be made. A copy of the determination will be provided to the Contractor no later than

45 calendar days after the end of the period being evaluated. All Contracting Officer decisions regarding payment calculations are unilateral decisions made solely at the discretion of the Government.

5) Deduction: Notwithstanding any other clause of this contract, payment calculations will be made within the later of 60 days after the end of the evaluation period or 30 days after receipt of an approved invoice.

6) The Quality Assurance Surveillance Plan is one evaluation method the government uses to perform surveillance to determine whether the Contractor meets the standards of performance as defined in the PWS. The absence of a

QASP for any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the

QUALITY ASSURANCE SURVEILLANCE PLAN

Performance Requirement

Summary (PRS) Acceptable Quality Level Means of Measurement

Contractor shall comply with the Performance Work Statement

IAW PWS ¶ 4

a. Timeliness -

Meet required deadlines

95% of the time. Meets

100% of deadlines within 5 business days.

b. Quality -

Monitoring and Reporting are performed as per Waste

Discharge Requirements

95% of time.

COR Surveillance

(100% review of periodic depending on tasks.)

CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE - (FEB 1998)

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

Incorporated by Reference:

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS - (JAN 2017) (Alternate I)

52.232-18 AVAILABILITY OF FUNDS – (APR 1984)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS - (DEC 2013)

52.242-15 STOP-WORK ORDER - (AUG 1989)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES - (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR

Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

52.217-8 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 prior to the expiration of the current period of performance.

(End of Clause)

52.217-9 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 _45_days of expiration of the current period of performance; 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

_three years and six months_.

(End of clause)

52.223-3 -- HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the

Material Safety Data Sheet submitted under this contract.

Material

(If none, insert “None”)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety

Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with

Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the

Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.228-5 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective --

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

1452.228-70 LIABILITY INSURANCE —DEPARTMENT OF THE INTERIOR (JUL 1996)

(a) 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:

$200,000 each person*

$ 500,000 each occurrence*

$ 20,000 property damage*

(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.

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING PLATFORM

(IPP) - APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice

Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or 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:

Log sheet, with COR/customer signature, showing the dates and times the contractor performed services.

Copy of the contractor’s invoice

The Contractor shall also submit an electronic copy of the IPP invoice to the Procurement Technician rdowning@usbr.gov once the invoice has been submitted to IPP. 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 SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

ADDENDUM TO 52.212-4

1452.201-70 Authorities and Delegations - (Sep 2011)

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

(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.

WBR 1452.222-81 Employment Verification

It is the contractor’s responsibility to verify employment of its employees. FAR 9.406(b)(2) Causes for Debarment, specifically states, based on a determination by the Secretary of Homeland Security or the Attorney General of the

United States, any contractor not in compliance with the INA is a cause for debarment.

WBR 1452.223-82 Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal

Workplace -- Bureau of Reclamation - (Dec 2009)

(a) In performing work under this contract, the contractor shall comply with the requirements of Executive Order

13058, dated August 9, 1997, which prohibits the smoking of tobacco products in all interior space owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts.

(b) In addition, pursuant to Federal Management Regulation (FMR) Bulletin 2009-B1, effective December 22, 2008, smoking is prohibited in courtyards and within 25 feet of doorways and air intake ducts on outdoor space under the jurisdiction, custody or control of GSA.

WBR 1452.237-80 SECURITY REQUIREMENTS--BUREAU OF RECLAMATION (FEB 2017)

(a) (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, vessel exclusion barriers, 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. (Note: within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

(6) A Contractor employee will not be provided access to a Government facility or information system until a

Government PIV Card, temporary identification card, or visitor identification badge has been issued to the

Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or 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 and DOI Access Sponsor 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, irrespective of length of time working on the 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.

(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, inappropriate release of sensitive information, 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.

(e) Site Security Requirements

(1) General Description. This section provides provisions to ensure the full security integrity of the facility and personnel working at the facility. The work of this section may involve interfaces with a number of Government security personnel, normally coordinated through the designated COR. The Contractor is responsible for ensuring that activities are accomplished in a manner that complies fully with applicable security statutes, regulations, policies, directives, and standards.

(2) Government Security Personnel. When and where applicable, personnel may be assigned to control access, secure materials or activities at the work site, or escort Contractor personnel in sensitive areas. Personnel may include: security managers, security guards, security contractors acting as agents of the Government, law enforcement personnel, or other contractors or employees. These individuals may be used to ensure the overall security and integrity of the site or building and provide controlled access. These individuals may conduct inspections of all workers, vehicles, equipment, or materials entering, or re-entering the work site. The inspection may be done visually, with walk-through and/or hand-held metal detectors, or by other means as may be deemed necessary by Reclamation.

(4) Additional Security-Related Submittals

(i) Visitor List. The Contractor shall furnish to the COR, in advance, notification of visit of any Contractor-sponsored visitor to a Government-controlled facility. This notification should be in writing and must include the purpose or nature of the visit, the full name of the visitor, and the full name and phone number of the designated sponsor who will be physically responsible for escorting the visitor for the duration of the scheduled visit.

(ii) Delivery Schedule. The Contractor shall furnish to the COR, in advance, a schedule for all deliveries. This list shall include estimated delivery date, time, nature of the materials being delivered, and – where available – the name of delivery company and type of vehicle.

(iii) Explosives Security Plan. The Contractor shall furnish to the COR for approval, in advance, an explosives security plan at any work site where explosives will be stored or used.

(5) General Provisions.

(i) General. The Contractor shall comply with the Government’s site security procedures as specified, and as requested subsequent to award of Contract. Failure of the Contractor to comply with required access controls, information handling procedures, or any other security controls or procedures, may result in revocation of

Contractor personnel access to the work site. The Government reserves the right to modify or clarify security provisions of this contract based on changing political and civil circumstances, and perceived threats to personnel or the facility.

(ii) Security Facilities and Equipment. The Contractor shall use security facilities and equipment only for the purposes intended and as directed by the CO. The Contractor shall comply with the Government’s instructions for use of secure storage areas, site enclosure and gates, temporary security lighting, building space enclosure, and lockup devices and systems established for detection, monitoring, signaling, and alarming field office facilities.

Measures necessary to secure the integrity of materials, equipment, and tools installed or used in furtherance of this contract shall be at no cost to the Government.

(iii) Security Personnel Availability/Work Schedules. The Contractor shall notify the COR at least 24 hours in advance of any projected work which might impact on security or require the scheduling of extended security personnel support. The Contractor shall provide a weekly work schedule, such as anticipated delivery of materials, use of explosives or heavy machinery, and extra time needed for continuous or inherently lengthy construction or project specific operations (such as concrete placement).

(vi) Inspections and Searches. The Government reserves unqualified and unlimited right at any time to conduct security-related inspections or searches of work, material, equipment, personnel, and temporary facilities at the work site. The Contractor shall afford unrestricted access to work and allow surveillance and inspection by any

Government personnel as authorized by the COR. The Government reserves the right to conduct searches of articles and personal effects of all Contractor personnel, both at point of entry and exit from the work site or

Government facility. All Contractor personnel entering and leaving the work site may be required to pass through a Walk-Through-Metal-Detector device and/or other detection devices.

(vii) After Duty Hours. No Contractor personnel shall be permitted access to the work site after the

Government’s established working hours without prior authorization from the Government. All personnel seeking access to the site after the Government’s established working hours may be required to sign in and out in a visitor's log that may be maintained by the on duty security personnel (if any).

(viii) Access Procedures at Sensitive Areas. In some instances, the Contractor may be required to erect temporary security barriers and doors to isolate a sensitive area as instructed by the Government. The Contractor may be required to install locks and thereafter control access. The Contractor shall comply with the Government’s requirement for limited and escorted access to the sensitive area. The Contractor shall notify the COR at least one day prior to each requested access to the sensitive area that is outside of the Government’s established working hours.

(ix) Reported Violations. Where an indication, report, or observation of unauthorized access or performance of unauthorized work has occurred, the Government reserves the right to stop work and deny access until the circumstance and work can be investigated, inspected, tested, and resolved. The entire cost of such stoppages and resolutions shall be borne by Contractor, except when alleged violations of established security requirements, after investigation, are found not to be the fault of the Contractor.

(x) Briefings. Contractor personnel who will be assigned to this project, and who will have access to the work site, may be required to attend Government-conducted security briefings. The Government reserves the right to conduct security briefings for Contractor personnel and visitors at all levels of involvement in performance of work and maintenance of security. Required briefings may include, but are not limited to, the following:

Information Security, Site Security Requirements and Procedures, Delivery Methods and Inspections, Storage

Requirements, Reporting Requirements, Supervisory Procedures, Contractor Employee Conduct, Visitor Control, and Threats.

(xi) Key Control. Control of keys/access codes and lock combinations is essential for the Government’s project security. The Contractor shall not allow keys or access codes to be duplicated or removed from the work site, nor allow lock combinations to be divulged without specific written advanced authorization from the COR. Such loss of control, observed or suspected, may result in a requirement to change locks involved at the Contractor’s expense. At the direction of the COR, the Contractor shall provide duplicate keys and lock combinations to

Government security personnel when requested for the purpose of security inspections and emergency actions, including keys, combinations, and access codes needed for unrestricted access to every area and element of the project. The Contractor may be required to establish a key control program that is acceptable to the Government for Government-issued keys and for heavy machinery parked at the construction site (if this is a construction contract).

(xii) Vehicle Control. In general, parking of vehicles on the work site shall not be permitted, except for tractors, cranes, and similar equipment used directly in performance of work, for delivery of materials/supplies, and for removal of waste and surplus material. The Government may designate an approved contractor employee parking area. Upon entering the work site, vehicles and drivers may be subject to search and inspection. The Contractor shall obtain authorization from the COR to park the Contractor’s official vehicles and motorized vehicular construction equipment that are required/desired to be parked on the work site. Vehicles in violation may be towed off the work site at the Contractor’s expense. Where Government-designated employee parking is not available, parking of construction employees’ automobiles and similar transportation vehicles may be excluded from the work site. It is the Contractor’s responsibility to arrange for suitable accommodation for these vehicles.

(xiii) Prohibited/Restricted Items.