RFP_140R3024R0001__Crane_IDIQ__1.pdf

Solicitation No. 140R3024R0001 Contract No. TBD

TOTAL SMALL BUSINESS SET-ASIDE

Commercial Item Acquisition

Crane Testing, Replacement and Repair, IDIQ

Hoover Dam, Arizona-Nevada Davis Dam, Arizona Parker Dam, California

U.S. Department of the Interior Bureau of Reclamation Interior Region 8: Lower Colorado Basin

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Foreword Solicitation No.

140R3024R0001

Project Title Crane Testing, Replacement and Repair IDIQ

FOREWORD

The Bureau of Reclamation has a requirement for crane assessment, maintenance, repair or replacement for various Dams located within the Lower Colorado Region, which includes Hoover, Davis, and Parker Dams. Each of the facilities are equipped with more than 30 fixed boom (jib) cranes, which range in capacity from 1 ton jib to 300-ton powerhouse cranes. Normal use of these cranes causes wear and tear of crane components which require assessment, repair or replacement to insure proper function of the cranes.

Certain components consistently and predictably require assessment, maintenance, repair, or replacement.

The objective of this solicitation is to establish qualified contractors for the assessment, maintenance, repair, and replacement of crane components at Hoover, Parker, and Davis Dams. Services incorporated into this solicitation may include but are not limited to the following:

1. Assessment of crane components in the unloaded condition.

2. Assessment of crane components under load including load tests.

3. Inspection and lubrication or replacement of main load cables.

4. Inspection and adjustment or replacement of brake pads and/or brake assemblies.

5. Maintenance, repair, replacement, and modernization of control systems.

6. Repair or replacement of crane rails, wheels, and trolleys.

7. Repair or replacement of gearbox components

8. Repair or replacement of other crane components as described in the individual Task Order.

9. On-site training for dam personnel on crane operation

The proposed contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) type contract for a five-year performance period. Multiple contracts may be awarded. Fixed-price task orders will be issued under the IDIQ contracts. Specific tasks cannot be identified at this time. However, when there is a need for a particular service, Reclamation will identify the detailed requirements in a task order. Task orders will detail the scope of work and performance period. A detailed drawing will be supplied in each task order, if needed.

All work shall be performed in accordance with the Bureau of Reclamation criteria, methods, procedures, and the general specifications contained herein or specified in each individual task order.

The Government intends to award contracts without discussion with Offerors, but reserves the right to conduct discussions should they become necessary. The award decision will be based on the Offeror’s initial proposal. Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a cost or price and technical standpoint. See the provisions in Section E that include General, Technical, and Pricing Proposal Instructions and Evaluation Factors for Award.

The proposed IDIQ contract(s) will be for an ordering period of five years from date of contract award with the cumulative/maximum amount of all task orders not exceeding $5,000,000 on each contract. The Government does not guarantee an awardee will receive more than the contract minimum guarantee.

Foreword Solicitation No.

The minimum guarantee for each multiple award contract is $2,500 and covers the base five-year period.

The minimum guaranteed amount will be paid at the end of the final ordering period if a contractor has NOT been awarded a task order or the value of the awarded task order(s) is less than the minimum guarantee. There is no guarantee that the maximum contract value will be distributed equally among the pool of contractors as the total values will be determined through a competitive task order award process.

Task order procedures are identified in Section B.10 Task Order Issuance Procedure.

FOR DATE AND PLACE OF RECEIPT OF OFFERS, SEE SOLICITATION, OFFER, AND

AWARD, STANDARD FORM 1449.

FOR INFORMATION REGARDING BUREAU OF RECLAMATION’S

PUBLICATION RECLAMATION SAFETY AND HEALTH STANDARDS (2009 EDITION)

WHICH IS APPLICABLE TO WORK UNDER THIS CONTRACT, SEE CLAUSE AT WBR

1452.223-81 SAFETY AND HEALTH.” THE OFFEROR MAY DOWNLOAD THE

ELECTRONIC VERSION OF THE RSHS MANUAL AT NO CHARGE FROM THE LOWER

COLORADO REGION’S WEB SITE AT http://www.usbr.gov/ssle/safety/RSHS/rshs.html

THE OFFEROR IS CAUTIONED TO CAREFULLY REVIEW THE OFFER SUBMISSION

REQUIREMENTS CONTAINED IN SECTION E.

http://www.usbr.gov/ssle/safety/RSHS/rshs.html

Table of Contents

Solicitation No.

i

PART A – Standard Form (SF) 1449 – Solicitation/Contract Order for Commercial Products and Commercial Services

PART B - CONTINUATION OF BLOCKS FROM SF-1449

PART B - Continuation of Blocks from SF-1449

a. Block 14: Method of Solicitation B-1

b. Block 17a: Contractor’s Administration Personnel B-2

c. Blocks 19 through 24 – Schedule of Supplies/Services B-3

d. Performance Period B-3

PART C - CONTRACT CLAUSES

PART C – Contract Clauses C.1 52.212-4 Contract Terms and Conditions - Commercial Products and

Commercial Services Contract Clauses Incorporated by Reference

C-1

C.2 Addendum to 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services

C-6

C.3 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services

C-17

C.4 Security Requirement – Bureau of Reclamation C-24

PART D – CONTRACT DOCUMENTS EXHIBITS OR ATTACHMENTS

PART D - Contract Documents, Exhibits or Attachments D.1 List of Attachments D-1

PART E – SOLICITATION PROVISIONS

(This part will be removed after award.)

PART E – Solicitation Provisions E.1 Solicitation Provisions Incorporated by Reference E-1 E.2 Addendum to 52.212-1 Instruction to Offerors – Commercial Products and

Commercial Services E-1

E.3 Proposal Instructions – Bureau of Reclamation E-3 E.4 Evaluation – Commercial Items E-6 E.5 Offeror Representations and Certification – Commercial Items E-9

Table of Contents ii

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SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

R30

500 Fir Street Regional Office Lower Colorado Region Bureau of Reclamation

0009909991 CODE 16. ADMINISTERED BYCODE

X

X

X

811310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR30

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

11/17/2023 1200 PD

10/17/2023

0000000000Kristen Turner (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R3024R0001

5. SOLICITATION NUMBER

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

1 2 0040638089OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Boulder City NV 89005

TELEPHONE NO.

17a. CONTRACTOR/

Boulder City NV 89005-0400 S. US Hwy 93/NV Rte 172 State Route 172 Hoover Dam Central Warehouse Bureau of Reclamation-LC-Hoover Dam

15. DELIVER TO

Boulder City NV 89005 500 Fir Street Regional Office Lower Colorado Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$12.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00010 Crane Testing, Repair and Replacement IDIQ for a five year period.

Product/Service Code: J039 Product/Service Description: MAINT/REPAIR/REBUILD

OF EQUIPMENT- MATERIALS HANDLING EQUIPMENT

Period of Performance: 12/01/2023 to 11/30/2028

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Virginia Toledo

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

Section A – Solicitation, Offer and Award

A-2

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Section B – Supplies or Services and Prices/Costs

B-2

PART B - CONTINUATION OF BLOCKS FROM SF-1449

B.1 BLOCK 14 ACQUISITION METHOD

This acquisition is being solicited and conducted using the procedures set forth in FAR Part 12, Acquisition of Commercial Products and Commercial Services, and FAR Part 15, Contracting By Negotiation.

B.2 BLOCK 15 DELIVER TO:

a. DELIVERY DATE

Delivery dates will be specified in individual task orders.

b. DELIVERY TO:

(1) All supplies or equipment required under this contract for Hoover Dam shall be shipped FOB destination to the following address:

Lower Colorado Dams Facilities Office Hoover Dam Central Warehouse South U.S. Highway 93, SR 172 Boulder City, Nevada 89005

Deliveries will be accepted between 7:30 a.m. and 3:30 p.m., Pacific Time, Monday through Friday only.

(2) All supplies or equipment required under this contract for Davis Dam shall be shipped

Davis Dam Field Division Bullhead City, Arizona 86429

Deliveries will be accepted between 7:30 a.m. and 3:30 p.m., Pacific Time, Monday through Friday only.

(3) All supplies or equipment required under this contract for Parker Dam shall be shipped

Parker Dam Field Division

Highway 95 Parker, California 92267

Deliveries will be accepted between 7:30 a.m. and 3:30 p.m., Pacific Time, Monday through Friday only.

B.3 CONTRACTOR’S ADMINISTRATIVE PERSONNEL

This information will be provided at the time of contract award.

The designated contract official responsible for overall administration of this contract is:

Company Name:

Name:

Title:

Address:

City/State/Zip:

E-mail:

Phone No.:

B.4 BLOCK 18b SUBMISSION OF INVOICES

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 invoice 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: none

The Contractor shall also submit an electronic copy of the IPP invoice to the Contract Specialist at khturner@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 http://www.ipp.gov/ mailto:khturner@usbr.gov 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 clause) mailto:ippgroup@bos.frb.org

B-3

B.5 BLOCKS 19 through 24 Schedule of Supplies/Services

Schedule for Crane Testing, Replacement and Repair IDIQ Item No.

Services

Estimated Quantities

Unit of Issue

Unit Price

Amount

Provide all materials, equipment, supervision and labor for crane testing, replacement and repair at Hoover, Davis and Parker Dams

*TBD

*Price will be competitively determined on individual task orders.

B.6 MINIMUM AND MAXIMUM ORDERING QUANTITIES – IDIQ CONTRACTS

The Government will order, and the contractor shall furnish, at least the minimum, not to exceed the maximum quantity of supplies/services during the term of this contract.

Guaranteed Minimum Dollar Value Over 5 Year Performance Period Per Award

Not to Exceed Dollar Value Over 5 Year Performance Period Per Award

$2,500 $5,000,000

B.7 PERFORMANCE PERIOD – BASE CONTRACT

a. The ordering period begins on the date of award and continues for five (5) years. Task orders may be placed at any time during the ordering period.

b. Individual task orders may be placed as needed any time during the five-year performance term. Each order will specify the tasks to be completed as well as the delivery/completion date. See Clause 52.216-22, Indefinite Quantity for additional information.

c. Task orders may be issued under this contract until the final day of the contract term.

B.8 ORDERING AUTHORITY

Any Bureau of Reclamation Contracting Officer whose duty station is the Lower Colorado Regional Office, Boulder City, Nevada, acting within the limits of his/her appointed authority under the Department of the Interior’s Contracting Officer’s Warrant System is authorized to issue Task Orders under a resultant contract. All orders will be issued in writing only.

B-4

B.9 TASK ORDER PERFORMANCE PERIODS

a. Each individual task order will specify a performance period for the work covered under that task order.

b. Task orders not completed by the time the final contract term has expired, shall continue until completion under the same terms and conditions. The task order may not be modified to add work not within the original scope of that task order during this period.

B.10 TASK ORDER ISSUANCE PROCEDURES

a. General

(1) Work under this contract will be ordered as needed via Optional Form (OF) 347 – Order for Supplies or Services for individual task orders issued on a fair opportunity basis.

(2) The Government will not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed task orders.

(3) Task orders will be firm fixed-priced and clearly define the specific services to be performed.

(4) Task orders may include Original Equipment Manufacturer (OEM) drawings and Statement of

Work.

(5) Task orders may be modified by the Contracting Officer. Modifications to task orders will be issued on a Standard Form (SF) 30 and cite the task order number.

(6) Contractors are required to contact the Contracting Officer within two days of receipt of a request for quotes for a proposed task order if a firm cannot propose on that specific task order.

b. Fair Opportunity

(1) Competition for issuance of task orders is limited to those awardees under this contract.

All awardees will be given a fair opportunity to be considered for each task order. Upon determining the need to issue a task order, all awardees will be considered equally against the stated criteria applicable to each individual task order. The Government intends to issue task orders by electronic commerce via e-mail.

(2) Unless the Contracting Officer applies the exceptions noted below, each task order will be awarded as a result of competition to the contractor whose offer is the best value to the Government considering the order evaluation criteria specified in the task order.

RFPs will state the specific evaluation factors for each task order and, when applicable, the relative importance of the evaluation factors. When non-price (e.g. technical) factors

B-5 are applicable to the evaluation and selection, the Government may use the lowest-price technically-acceptable (LPTA), best delivery time, or tradeoff of contracting by negotiation in order to obtain the best value for the Government. The Government reserves the right to use procedure(s) that are best suited to the circumstances of the contract action to fulfill the Government’s requirements efficiently.

c. As specified in FAR 16.505(b)(2), the Contracting Officer reserves the right to make award of a task order without competition based upon one of the circumstances described below:

(1) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays; or

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized; or

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order; or

(4) It is necessary to place an order to satisfy a minimum guarantee.

(5) A statute expressly authorizes or requires that the purchase be made from a specific source.

d. Requests for Proposals

(1) The Government is not obligated to obtain written proposals or hold discussions prior to award of a task order. If the Government determines that proposals are necessary, proposals may be submitted in writing or oral form at the discretion of the Contracting Officer. It is the intent of the Government to award task orders without discussions.

However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary, ie. Should all proposals contain deficiencies that would preclude awarding the task order, discussions will commence to resolve the deficiencies and contractors will be provided an opportunity to submit a final proposal revision.

(2) The contractor will be notified in the request for proposal issued for each proposed task order of the following elements to the RFP:

(a) Statement of Work

(b) Drawings

(3) Offerors are expected to examine the statement of work, drawings, specifications, Schedule and all instructions. Failure to do so will be at the Offeror’s risk.

e. Pricing of Orders

(1) The Government will issue task orders on a firm-fixed price basis.

B-8

B.11 TYPE OF CONTRACT

The Government intends to award multiple Indefinite Delivery / Indefinite Quantity firm-fixed price contracts. All task orders will provide fair opportunity and be issued on a firm fixed price basis.

B.12 GOVERNMENT ADMINISTRATION

The contracting office representatives responsible for overall administration of this contract are:

Kristen Turner, Contract Specialist Bureau of Reclamation Phone No.: 702-293-8430 E-mail: khturner@usbr.gov

Virginia Toledo, Contracting Officer Bureau of Reclamation Phone No.: 928-210-3486 E-mail: vtoledo@usbr.gov

B.13 COMMENCEMENT, PROSECUTION AND COMPLETION OF TASK ORDERS

(a) The performance of additional services, not specifically identified at this time, to be furnished under this contract shall be made only as authorized by individual task orders issued in accordance with terms in Section C. e. – 52.216-18 Ordering and C. f. – 52.216-19 Order Limitations.

(b) The contractor shall be required to (1) commence work under each individual task order within the time frame stated in the task order, (2) prosecute the work diligently, and (3) complete the entire work no later than the date specified in each task order.

(c) Nothing contained in the contract shall prohibit the Government from placing other orders or contracts for similar services.

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PART C

Contract Clauses

Solicitation No.

140R3024R0001

Document Title

C-1

PART C – CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

DEC 2022

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1

Solicitation No.

140R3024R0001

Document Title

C-2

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

Solicitation No.

140R3024R0001

Document Title

C-3

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2

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C-4

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

https://www.acquisition.gov/far/part-32#FAR_32_608_2

Solicitation No.

140R3024R0001

Document Title

C-5

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4701 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

Solicitation No.

140R3024R0001

Document Title

C-6

Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

C.2 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS -

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

a. 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): Federal Acquisition Regulations (FAR) clauses: https://www.acquisition.gov/browse/index/far and Department of the Interior Acquisition Regulations (DIAR) clauses: https://www.acquisition.gov/diar

In addition, clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-01, etc.; and

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

The following referenced clauses are hereby incorporated into and made a part of this contract.

Clause Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

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140R3024R0001

Document Title

C-7

52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS OCT 1997

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS

UNDER SERVICE AND CONSTRUCTION CONTRACTS

SEP 2013

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED

ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS

AUG 2018

52.242-15 STOP-WORK ORDER AUG 1989

b. DIAR 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

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Document Title

C-8 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.

(End of Clause)

c. DOI-AAAP-

CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM

DEC 2015

1) 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.

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

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

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

Information in the report must be protected as source selection sensitive information not releasable to the public.

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

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

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

http://www.cpars.gov/ http://www.cpars.gov/

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140R3024R0001

Document Title

C-9

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

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR.

On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 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."

6) The following guidelines apply concerning your use of the past performance evaluation:

a) 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 CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre- award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO 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 60-day review period.

8) 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.

d. 52.204-

BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION

JUN 2016

(a) Definitions. As used in this clause–

Solicitation No.

140R3024R0001

Document Title

C-10

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems.

Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal

Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to

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140R3024R0001

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C-11 authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible…