RFQ_140R6024Q0046.pdf

Solicitation #: 140R6024Q0046 Bureau of Reclamation Tiber Campground Maintenance Missouri Basin Regional Office

Cover Page Tiber Campground Maintenance

This combined Synopsis / Solicitation is a Total Small Business Set-Aside using NAICS code 561730 Landscaping Services; This is a total small business set-aside with size standard of $9.5 million.

This combined synopsis/solicitation for commercial items is prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03 effective 2/23/2024.

This announcement constitutes the only solicitation to be issued; quotes are being requested and a written solicitation using the Standard Form 1449 will not be issued.

Combined Synopsis / Solicitation Closing Date: May 3, 2024 Combined Synopsis / Solicitation Closing Time: 14:30 (2:30 PM) Mountain Daylight Time

ONLY ELECTRONIC QUOTES will be accepted for this requirement. Quotes must be electronically delivered to:

Mr. Michael Hirsch E-mail: mhirsch@usbr.gov

E-mailed proposals must be in the following format: One (1) PDF document for full quote.

E-mailed proposals must be received by the Contract Specialist via e-mail no later than 14:30 hours (2:30 PM) MDT May 3, 2024 to be considered for award.

E-mail subject line must contain the following naming scheme:

Request for Quotes – Company Name RFQ # 140R6024Q0046 – Tiber Campground Maintenance

Inquiries regarding this Solicitation should be made to:

Mr. Michael Hirsch, Contract Specialist E-mail: mhirsch@usbr.gov Phone: 970-744-2908

All correspondence regarding this Solicitation should reference RFQ No. 140R6024Q0046 – Tiber Campground Maintenance in the subject line.

DEADLINE FOR QUESTIONS: Questions must be submitted to the Contract Specialist at least 48 business hours prior to the closing. Any questions submitted after the deadline will not be answered.

Please read Clause 52.212-2 Evaluation – Commercial Items thoroughly for evaluation of quotes on page 33 of this package.

NOTE: All proposals MUST be submitted in one part, the Past Performance, Technical Capability and the price schedule (page 1 - 12) must be submitted in one package.

mailto:E-mail:%20mhirsch@usbr.gov mailto:mhirsch@usbr.gov

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Combined Synopsis / Solicitation Tiber Campground Maintenance for Missouri Basin Region

(a) Offers will be considered for award on the following Price Schedule, but no offer will be considered for award on only a part of the Price Schedule.

(1) Offerors shall complete Price Schedule. You should carefully review the entire Performance Work Statement (PWS), including the Clean-up Frequency table listed under PWS section 4.1 Frequency.

(b) Offers are subject to the terms and conditions of this combined synopsis / solicitation.

(c) CLIN – Contract Line Item Number

(d) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation to be issued; quotes are being requested and a written solicitation using the SF1449 will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03 effective 2/23/2024.

Vendor Name

UEI #

Point of Contact Name Contact Information

Physical address, phone, email

PRICE SCHEDULE

BASE YEAR

CLIN Item Description Unit of Measure Unit Price Qty Total

Amount

0001 TIBER CAMPGROUND MAINTENANCE - BASE YEAR (May 2024 to April 2025)

Sanford Park Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Tiber Dam Field Office

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Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ VFW Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $ Sub-total 12 $ Island Recreation Area Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ North Bootlegger Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ South Bootlegger Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Willow Creek Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Devon Campground

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June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Turner Point Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Lewis and Clark Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $

Grand Total – Base Year

OPTION YEAR 1

CLIN Item Description Unit of Measure Unit Price Qty Total

Amount

0002 TIBER CAMPGROUND MAINTENANCE – OPTION YEAR 1 (May 2025 to April 2026)

Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Tiber Dam Field Office Dec to Mar (2x Mo.) Month $ 4 $

Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ VFW Campground

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Oct to Nov (weekly) Month $ 2 $ Sub-total 12 $ Island Recreation Area Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ North Bootlegger Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ South Bootlegger Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Willow Creek Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Devon Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Turner Point Dec to Mar (2x Mo.) Month $ 4 $

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Lewis and Clark Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $

Grand Total – Option Year 1

OPTION YEAR 2

Measure Unit Price Qty Total

Amount

0003 TIBER CAMPGROUND MAINTENANCE – OPTION YEAR 2 (May 2026 to April 2027)

Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Tiber Dam Field Office Dec to Mar (2x Mo.) Month $ 4 $

Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ VFW Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $ Sub-total 12 $ Island Recreation Area

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Sub-total 12 $ North Bootlegger Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ South Bootlegger Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Willow Creek Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Devon Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Turner Point Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Lewis and Clark Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $

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Grand Total – Option Year 2

OPTION YEAR 3

Measure Unit Price Qty Total

Amount

0004 TIBER CAMPGROUND MAINTENANCE – OPTION YEAR 3 (May 2027 to April 2028)

Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Tiber Dam Field Office Dec to Mar (2x Mo.) Month $ 4 $

Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ VFW Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $ Sub-total 12 $ Island Recreation Area Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ North Bootlegger Dec to Mar (2x Mo.) Month $ 4 $

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South Bootlegger Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Willow Creek Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Devon Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Turner Point Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Lewis and Clark Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $

Grand Total – Option Year 3

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OPTION YEAR 4

Measure Unit Price Qty Total

Amount

0005 TIBER CAMPGROUND MAINTENANCE – OPTION YEAR 4 (May 2028 to April 2029)

Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Tiber Dam Field Office Dec to Mar (2x Mo.) Month $ 4 $

Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ VFW Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $ Sub-total 12 $ Island Recreation Area Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ North Bootlegger Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ South Bootlegger

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Sub-total 12 $ Willow Creek Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Devon Campground Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Turner Point Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $ Lewis and Clark Dec to Mar (2x Mo.) Month $ 4 $ Apr to May (weekly) Month $ 2 $ June to Sept (2x Week) Month $ 4 $ Oct to Nov (weekly) Month $ 2 $

Sub-total 12 $

Grand Total – Option Year 4

6-MONTH EXTENSION

Measure Unit Price Qty Total

Amount

0006 TIBER CAMPGROUND MAINTENANCE – 6-Month Extension (May 2029 to October 2029)

May (weekly) Month $ 1 $

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June to Sept (2x Week) Month $ 4 Oct (weekly) Month $ 1

Sub-total $ 6 $ Tiber Dam Field Office May (weekly) Month $ 1 $ June to Sept (2x Week) Month $ 4 $ Oct (weekly) Month $ 1 $

Sub-total $ 6 $ VFW Campground May (weekly) Month $ 1 $ June to Sept (2x Week) Month $ 4 $ Oct (weekly) Month $ 1 $

Sub-total $ 6 $ Island Recreation Area May (weekly) Month $ 1 $ June to Sept (2x Week) Month $ 4 $ Oct (weekly) Month $ 1 $

Sub-total $ 6 $ North Bootlegger May (weekly) Month $ 1 $ June to Sept (2x Week) Month $ 4 $ Oct (weekly) Month $ 1 $

Sub-total $ 6 $ South Bootlegger May (weekly) Month $ 1 $ June to Sept (2x Week) Month $ 4 $ Oct (weekly) Month $ 1 $

Sub-total $ 6 $ Willow Creek May (weekly) Month $ 1 $ June to Sept (2x Week) Month $ 4 $ Oct (weekly) Month $ 1 $

Sub-total $ 6 $ Devon Campground May (weekly) Month $ 1 $ June to Sept (2x Week) Month $ 4 $ Oct (weekly) Month $ 1 $

Sub-total $ 6 $

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Grand Total 6 months

TOTAL FOR PRICE SCHEDULE $_________________

Tiber Campground Maintenance Service Bureau of Reclamation Solicitation No. 140R6024Q0046 Missouri Basin Regional Office

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

(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.

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

(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;

(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.

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

(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.

(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.

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(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:

(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.

https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2

(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.

(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; 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 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.

(End of clause)

---Addendum to 52.212-4---https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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 Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of clause)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013)

52.242-15 STOP-WORK ORDER (AUG 1989)

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.

http://www.acquisition.gov/far http://www.acquisition.gov/diar

(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.

(End of Clause)

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

PLATFORM (IPP) (FEB 2021)

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:

Valid COR approved invoices for all work completed and delivered. The Contractor shall also submit an electronic copy of the IPP invoice to the Contracting Officer, Michael Hirsch at mhirsch@usbr.gov once the invoice has been signed as approved by the COR and submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

http://www.ipp.gov/

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 St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov 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)

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 1 Day.

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 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(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 mailto:IPPCustomerSupport@fiscal.treasury.gov

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

WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND LIMITATIONS –

BUREAU OF RECLAMATION (MAY 2018)

a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term "technical direction" is defined to include, without limitation:

(1) Inspecting and accepting or rejecting work performed under the contract.

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

(1) Constitutes a direction of additional work outside the Contract requirements;

(2) Constitutes a change as defined in the contract clause entitled "Changes;"

(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Changes clause of the contract; or

(2) Advise the Contractor that the Government will issue a written change order.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled "Disputes."

WBR 1452.223-80 Asbestos-Free Warranty -- Bureau of Reclamation (AUG 2021)

(a) The Contractor warrants that all items delivered, or work required by the contract, shall be free of asbestos in any form whatsoever.

(b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when an asbestos-free product is not available. Such requests shall be fully documented and submitted as soon as possible after the contractor determines that an asbestos-free product is not available.

WBR 1452.223-82, ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS IN FEDERAL BUILDINGS

AND FEDERALLY CONTROLLED FACILITIES -- BUREAU OF RECLAMATION (NOV 2022)

When accessing Federal buildings and federally controlled facilities under this contract, contractor employees shall comply with the Safer Federal Workforce Task Force’s current guidance for COVID-19 workplace safety protocols for Federal agencies at https://www.saferfederalworkforce.gov/.

WBR 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:

http://www.saferfederalworkforce.gov/

WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY

$100,000 minimum coverage

GENERAL LIABILITY

$500,000 per occurrence

AUTOMOBILE LIABILITY

$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.

AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEPT 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-

(1) The product cannot be acquired-

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall-http://www.biopreferred.gov/

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than-

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

WBR 1452.237-80 SECURITY REQUIREMENTS -- BUREAU OF RECLAMATION (MAR 2022)

(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 contracting officer. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the contracting officer 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 immediately, but not later than 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. 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.