RFQ_-_140R8122Q0005.pdf

Solicitation Number: 140R8122Q0005

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS (OCT 2018)

---Addendum to 52.212-4---

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)

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

The Contractor shall also submit an electronic copy of the IPP invoice to the Contract Specialist, jmotala@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 shall also submit an electronic copy of the IPP invoice to jmotala@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 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)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (SEP 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[ X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[ X ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

[ ] (5) [Reserved].

[ ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

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

2016) (Pub. L. 111-117, section 743 of Div. C).

[ X ] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

[ ](10) [Reserved].

[ ](11)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep2021) (15 U.S.C. 657a).

[ ](12)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep

2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (13) [Reserved] [ X ] (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-6.

[ ] (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-7.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[ ](17) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)).

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

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

[ ] (iv) Alternate III (Jun 2020) of 52.219-9.

[ ](v) Alternate IV (Sep 2021) of 52.219-9

[ ] (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (Mar 2020) of 52.219-13.

[ X ](19) 52.219-14, Limitations on Subcontracting (Sep2021) (15 U.S.C. 637(a)(14)).

[ ](20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ](21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep2021)

(15 U.S.C. 657f).

[ ](22) (i) 52.219-28, Post Award Small Business Program Representation (Sep2021) (15 U.S.C.

632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ](23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep2021) (15 U.S.C. 637(m)).

[ ](24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

[ ](25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar2020) (15 U.S.C.

644(r)).

[ ](26) 52.219-33, Nonmanufacturer Rule (Sep2021) (15U.S.C. 637(a)(17)).

[ ] (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[X](28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

[ ] (ii) Alternate I (Feb 1999) of 52.222-26.

[ X ] (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (Jul 2014) of 52.222-35.

[X ] (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793).

[ ] (ii) Alternate I (Jul 2014) of 52.222-36.

[ X ] (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

[ ] (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O.

13627).

[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

[ ] (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Oct 2015) of 52.223-13.

[ ] (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

[ ] (ii) Alternate I (Jun2014) of 52.223-14.

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

[ ] (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-16.

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

[ ] (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

[ ] (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

[ ] (ii) Alternate I (Jan 2017) of 52.224-3.

[ ] (48) 52.225-1, Buy American-Supplies (JAN 2021) (41 U.S.C. chapter 83).

[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41

U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.4001 note.

[ ] (ii) Alternate I (May 2014) of 52.225-3.

[ ] (iii) Alternate II (May 2014) of 52.225-3.

[ ] (iv) Alternate III (May 2014) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ X ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ X ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[ X ] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Oct2018) (31 U.S.C. 3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ X ] (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ] (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. 55305 and 10 U.S.C. 2631).

[ ] (ii) Alternate I (Apr 2003) of 52.247-64.

[ ] (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[ ] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

[List as necessary]

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

[ ] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L.

115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O

13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

***End of Clauses***

Attachment A: Statement of Work (SOW)

Eastern Colorado Area Office October 12, 2021

PART 1 – GENERAL

1.1 BACKGROUND

A. CFR 1910.146(i)(5) states that one of the duties of an attendant during a permit required confined space entry is: “Communicates with authorized entrants as necessary to monitor entrant status and to alert entrants of the need to evacuate the space under paragraph (i)(6) of this section;” To meet this requirement, the United States Bureau of Reclamation (GOVERNMENT) has a requirement to procure a portable wireless voice communication system to use during tunnel entries, physical inspections, and maintenance activities of its water conveyance tunnels. The communication system shall be installed temporarily in a tunnel as staff enter, being deployed throughout the tunnel as the entry team progresses into the tunnel. It will then be removed after completion of the work as the entrants exit the tunnel then redeployed as needed at the next tunnel entry location. The communication system will be utilized in tunnels operated by Reclamation’s Eastern Colorado Area Office (ECAO) which are generally located in Colorado’s Northern Front Range area.

DELIVERY LOCATION:

11056 West County Road 18E Loveland, CO 80537

1.2 PERIODS OF USE

A. The GOVERNMENT will use this equipment multiple times annually over the lifetime of the equipment.

The equipment will remain in storage for multiple months during the water delivery season when the water conveyance tunnels are in use.

PART 2 - SCOPE

2.1 SCOPE OF WORK

A. The CONTRACTOR shall provide a complete and functional tunnel radio communication system for the

GOVERNMENT’s use and have it delivered to the Bureau of Reclamation’s Eastern Colorado Area Office (ECAO). The system must be suitable to facilitate uninterrupted real-time communications which will take place between the tunnel entry team as they enter and progress into a tunnel and the attendant, who will monitor their progress from the tunnel portal (entrance). The communication system shall include multiple handsets, mesh nodes with temporary supporting means, a laptop computer, and (optionally) integrated gas monitoring. The tunnel entry team typically uses side-by-side quad utility vehicles during inspections; these will be used to transport the communication system equipment with the team as they progress into the tunnel for their inspection and simultaneously deploy the communications system. Some inspections will take more than one day, and the communication system will remain temporarily installed in that tunnel for the duration of the inspection, not anticipated to be more than 2-3 days.

B. The CONTRACTOR shall provide on-site training to GOVERNMENT personnel and assist deploying the system during the first use. This will require the CONTRACTOR’s employee(s) to accompany the entry team into the tunnel, which will be a permitted confined space entry. The GOVERNMENT anticipates two (2) days of on-site support are sufficient for the required work. During this training, in addition to general operational training, the CONTRACTOR shall instruct Reclamation employees how to determine node locations for future deployment in Reclamation’s other tunnels in the event predetermined locations are not functional. The CONTRACTOR shall include the cost of this two-day on-site support trip in the response to the solicitation and furnish the rate for additional days. Additionally, the CONTRACTOR shall, based previous experience supporting the product, instruct the government if they believe a different training duration is recommended and provide a daily rate to furnish the training. The CONTRACTOR shall be available via telephone for technical support. The date and location of the first deployment will be determined after award of contract based, in part, on the equipment delivery date. This will occur during either late 2021 or early 2022, to be determined after award of contract.

C. The functionality of the equipment shall be demonstrated during the initial equipment deployment. If the communication system does not operate as intended, the CONTRACTOR shall take corrective action such that the system operates with full functionality. The tunnel inspection schedule cannot be adjusted to accommodate CONTRACTOR efforts to address communication system shortcomings.

2.2 CONDITIONS

A. The CONTRACTOR shall furnish an equipment package that will support voice and data communications in any of the tunnels detailed for inspection. The tunnel interiors vary from tunnel to tunnel, and sometimes within a tunnel. They are a mixture of concrete-lined, shotcrete-lined, or unlined natural rock.

The tunnels are not necessarily straight, but they do not contain extreme changes in direction or grade, not more than approximately 50°. The tunnels range in length from 0.5 miles to 13.1 miles, and their diameters vary between 8’-12’. For the response to the solicitation, the CONTRACTOR shall assume a straight tunnel length of 13.1 miles is the constraint determining the quantity of equipment proposed. After award of contract and upon the GOVERNMENT’s receipt of the executed nondisclosure agreement, diagrams of the tunnels will be furnished electronically to the CONTRACTOR. The CONTRACTOR shall review the proposed equipment in conjunction with the tunnel diagrams and determine if any additional equipment is required.

2.3 EQUIPMENT

A. This Statement of Work (SOW) generally describes the equipment required for a mesh-node communication system. Based on the GOVERNMENT’s research, this has been determined to be the most appropriate solution to the challenge presented. However, a CONTRACTOR may propose an alternative communication platform, and consideration may be given based on the merits of that system.

All general requirements shall still apply, with the exception being the communication backbone employed.

B. The communication system proposed shall have the following characteristics:

1. All equipment furnished shall be new and carry the manufacturer’s full warranty

2. The CONTRACTOR shall include a service and support plan for one (1) year as part of the contract. The plan shall be able to be renewed annually at the GOVERNMENT’s option. Include details of provisions of the plan and different plan levels if applicable.

3. Use a mesh network architecture (quantity of nodes required to be determined by the CONTRACTOR)

4. Nodes shall communicate wirelessly and employ Yagi antennas or other means to maximize their spacing and facilitate network connectivity at tunnel direction or grade changes as required

5. Nodes shall be self-contained and not require an external hardwired power source, with batteries enabling operation for a minimum of 24 hours before charging/replacing batteries

6. The nodes shall be mounted during use by either of these methods, and the CONTRACTOR shall address temporary and fixed mounting solutions for the node, directional antennas, and any other appurtenances, as required:

a) Furnish self-supporting stands to support the nodes and ancillaries. The stands shall have a minimal footprint so as not to congest the limited tunnel space; and,

b) The nodes shall be capable of being temporarily mounted on some form of hardware permanently affixed to the tunnel walls, and the CONTRACTOR shall either furnish specifications or detail suggested materials for the necessary permanent mounting hardware.

7. System shall be portable and readily deployable (as determined by the GOVERNMENT for this application) as the entry team progresses into the tunnel

8. Include two (2) rugged laptop computers and power supplies utilizing the latest version of Windows OS for monitoring the network (including a graphical network display)

9. Include four (4) rugged handsets and chargers

10. Mesh nodes, handsets, and all accessories furnished for use in the tunnels must possess these characteristics:

a) Have an operating temperature range of -30°C to 60°C

b) Suitable for use in damp conditions with relative humidity (RH) up to 100% non-condensing

11. Furnish backup files of all necessary commercial and proprietary software installed in the rugged laptops on removable storage media, preferably either CD or USB memory device

12. Furnish a recommended spare parts list for the communication system and include the recommended spares as part of the contract

13. Storage cases for the equipment shall be furnished, and they are required to be water resistant and afford shock protection. If the node’s housing itself serves as an integral protective transport case, no additional cases are required to store and transport the node. The cases are required to be sized such that their dimensions and loaded weight allow them to be easily man-portable as determined by the Government.

a) The CONTRACTOR shall include a detailed breakdown as to how many cases are required for the system, the size(s) of the individual cases, their approximate loaded weights, and the contents for each case

C. This SOW includes furnishing all hardware and software required to have a complete and functional portable wireless mesh network-based communications system suitable for use in the tunnels described along with one (1) laptop computer (and one (1) spare) for use by the tunnel entry attendant to monitor the network. Cradle chargers shall be furnished for EACH device that uses one; multi-device cradle chargers are acceptable with the provision that all devices can be charged simultaneously with the chargers supplied. If battery chargers are used for the nodes or their batteries, chargers shall be supplied in such a quantity that all the nodes or their batteries can be recharged in an overnight period. If additional batteries are required for multiday use, furnish the additional batteries as part of the contract. Additionally, after award of contract, the CONTRACTOR shall mark up the tunnel diagrams to indicate preliminary locations to place the nodes based on known equipment characteristics and experience and return them to the GOVERNMENT with the response to the solicitation.

D. Special consideration may be given to a system possessing any of these functions. List these items in the response to the solicitation as separate line items that can be executed at the GOVERNMENT’s request at time of award:

1. Communication system monitoring and display:

a) The system allows the attendant at the entrance to monitor in real-time the progress of the entrants by displaying system status, showing the active nodes and which node(s) is currently in service with communicating/connected devices (if not intrinsic to the “base” system).

b) The system allows the attendant at the portal to view an accurate geographical display of the active system in real time to include all devices. The ability to import existing AutoCAD files for tunnel maps is desirable. If this option is selected, the system shall be able to function with or without this geographical display feature. If no tunnel map is loaded, the monitor will default to a system status display, Part D.1.a) condition directly above.

2. The system incorporates self-contained gas monitors for temporary mounting on a surface or side-by-side vehicle. Include two (2) gas monitors (minimum 4 gas, CO, O2, H2S, LEL) which stream all parameters over the mesh network for display on the computer monitor. The gas monitors shall conform to Part 2.3- B.9 (above).

3. Personal gas monitors:

a) The system incorporates personal gas monitors which are worn by the entrants. The monitors shall have local displays and alarms and stream the data over the communication system and be displayed on the laptop computer, which shall allow configurable visual and audible alarms.

Include two (2) gas monitors (minimum 4 gas, CO, O2, H2S, LEL) which stream all parameters over the mesh network and chargers. The gas monitors shall conform to Part 2.3-B.9 (above), or;

b) The system includes provisions to enable a commercial off-the-shelf personal gas monitor (minimum 4 gas, CO, O2, H2S, LEL) to communicate with the wireless mesh network communication system and stream the data over the communication system and be displayed on the laptop computer, which shall allow configurable visual and audible alarms. Include provisions for two (2) gas monitors (minimum 4 gas, CO, O2, H2S, LEL) which stream all parameters over the mesh network and chargers. The gas monitors shall conform to Part 2.3-B.9 (above). The CONTRACTOR shall specify what monitor is required to provide this functionality.

E. Special consideration may be given to a system possessing any of the following attributes:

1. System is approved for use in subsurface mine applications by the Mine Safety and Health Administration

(MSHA), intrinsically safe not required

2. Nodes are smaller in size

3. Nodes are lighter weight

4. Batteries for nodes provide extended run time

5. Possesses features making the equipment well-suited for temporary deployment and retrieval based on the

GOVERNMENT’s evaluation criteria

PART 3 - PERIOD OF PERFORMANCE

3.1 TIME AND DURATION OF CONTRACT

A. The CONTRACTOR’s Period of Performance is comprised of three distinct time periods. The first period consists of the duration required to manufacture and deliver the contract material to the GOVERNMENT (RFQ CLIN 00010). The second period consists of the CONTRACTOR’s execution of the on-site training and first-use deployment assistance (RFQ CLIN 00020). The third period consists of the 1-year Service and Support Plan coverage along with any potential outyear extensions if optioned by the

GOVERNMENT (RFQ CLIN 00030).

PART 4 - CONTRACTOR PERSONNEL

4.1 CONTRACTOR EMPLOYEES

A. CONTRACTOR employees performing onsite work may be required to show a driver’s license before being granted access to the site. In the absence of a driver’s license, the employee shall provide an alternate source of official identification that includes: First, Middle, Last Name; date and place of birth;

and place of residence. All CONTRACTOR employees must be U.S. citizens or have a valid Immigrant Visa Number, Permanent Resident Card, or Resident Alien card authorizing them to work in the U.S. The CONTRACTOR shall abide by all federal, State and Local laws pertaining to hiring and assigning tasks to personnel. The GOVERNMENT will not require the CONTRACTOR to obtain federal PIV clearances.

B. Only authorized CONTRACTOR employees shall be permitted in the facilities. A list of all CONTRACTOR employees, vehicles, and equipment to be utilized on-site, in accordance with GP-7, “Site Security,” will need to be submitted at least 10 days prior to arriving at the worksite. The CONTRACTOR will be escorted at all times while on government property.

C. The CONTRACTOR shall furnish qualified, experienced, drug-free, and safety-oriented personnel to perform the services under this contract. Employees shall promptly correct unsafe working conditions or report them to either the COR or other proper authority. Employees shall report all accidents or injuries.

Fire prevention shall be exercised at all times by the CONTRACTOR and/or his/her employees. All combustible material shall be used and stored in a safe manner. The CONTRACTOR shall report any fire hazards to the GOVERNMENT representative in charge of the building and, if possible, correct them.

D. Personnel shall be licensed, insured, and certified as required by the appropriate governing agencies.

PART 5 – CONTRACTOR-FURNISHED TOOLS, DIAGNOSTIC EQUIPMENT, AND SUPPLIES

5.1 TOOLS AND SUPPLIES

A. The CONTRACTOR shall furnish all supplies in accordance with standard industry practices required to perform services under this contract. The CONTRACTOR shall furnish all tools and supplies including, but not limited to, computer software, e-mail and telephone systems for maintaining contact with the GOVERNMENT, and any specialized tools or diagnostic equipment required for installing and resolving problems with the tunnel communication system.

PART 6 - SAFETY AND HEALTH

6.1 CONTRACTOR RESPONSIBILITIES

A. It shall be the responsibility of the CONTRACTOR to adhere to the following Safety and Health

Requirements:

1. The CONTRACTOR shall provide personal protective equipment (PPE) for workers and shall utilize a personal protective equipment program consistent with the OSHA standards and GOVERNMENT Safety and Health standards (RSHS). Such PPE shall include, but not be limited to: protective toe footwear, eye protection, hearing protection, and head protection as applicable. The PPE shall meet the applicable OSHA, ANSI, NIOSH, and GOVERNMENT Safety and Health standards.

2. The CONTRACTOR shall not require or permit any employee conducting performance under the anticipated contract to engage in work under conditions which are unsanitary, hazardous, or dangerous to the employee’s health or safety.

PART 7 – PAYMENT

8.1 CONTRACT PAYMENT

8.2 INVOICES

A. Invoices must be submitted electronically through the U.S. department of the Treasury’s Internet Payment

Platform System (IPP) located at www.ipp.gov. The CONTRACTOR shall be registered in the IPP system before any payment is made to the CONTRACTOR. The IPP system is FREE to register and use.

PART 8 - LIABILITY AND INSURANCE

9.1 LIABILITY

A. The CONTRACTOR shall be liable for any loss or damage to GOVERNMENT property while in his/her possession and shall be responsible for any damage to GOVERNMENT buildings, infrastructure, or equipment occurring as a result of performance of the contract. It is understood that in the performance of the contract, the CONTRACTOR is an independent contractor, and not an agent or employee of the United States. The CONTRACTOR shall indemnify, save, and keep harmless the GOVERNMENT against any or all loss, cost, damage, claim, expense, or liability whatsoever, because of accident or injury to persons or property of others occurring in connection with operations under the contract.

B. The CONTRACTOR agrees to exonerate, indemnify, and hold harmless the United States from and against, and shall assume the responsibility for payment of all federal, state, and local taxes or contributions imposed or required under employment insurance, social security, income tax laws, and workman’s compensation law, with respect to the CONTRACTOR’s employees engaged in the performance of this delivery order.

C. The CONTRACTOR agrees to comply with the workmen’s compensation law of the State of Colorado, and secure public liability insurance with companies satisfactory to the GOVERNMENT.

9.2 PRECAUTIONARY MEASURES

A. The CONTRACTOR shall be responsible for the security and safeguarding of his/her property. The

GOVERNMENT will assume no responsibility for CONTRACTOR materials or supplies which are lost, stolen, or damaged.

PART 9 - CONTRACTOR QUALITY CONTROL PLAN

10.1 EXECUTION

A. The CONTRACTOR is responsible for the management and quality control actions necessary to meet the quality standards set forth by the contract. The CONTRACTOR shall develop and maintain a quality control program to ensure the equipment delivered is in accordance with this contract.

PART 10 - PERFORMANCE CRITERIA

11.1 METHOD OF OPERATION

A. The Contracting Officer’s Representative (COR) will document acceptable and unacceptable contract performance. If the COR considers the communication system’s delivery not complete or performance to be unsatisfactory, the information will be reported to the Contracting Officer (CO). The CO may require the CONTRACTOR to explain, in writing, the cause of the poor performance, any corrective actions the CONTRACTOR has already taken to obtain an acceptable level of performance, and any future corrective actions the CONTRACTOR will utilize to prevent unacceptable performance.

PART 11 - GOVERNMENT REMEDIES

12.1 GOVERNMENT EVALUATION

A. All work and material shall be subject to inspection, approval, and acceptance by the GOVERNMENT.

The GOVERNMENT will compare the CONTRACTOR’s performance to industry standards and will not exclude common sense considerations as applied by the COR. The CO will follow the requirements of

FAR Clause 52.212-4(a) for the CONTRACTOR’s failure to correct nonconforming services. The GOVERNMENT will consider work incomplete when the following condition exists:

1. The communication system does not permit tunnel communications and/or gas monitoring to take place as agreed upon for this contract.

B. If the performance of any required service is unsatisfactory, and poor performance is clearly the fault of the CONTRACTOR, the GOVERNMENT may reduce the contract price to reflect the reduced value of defective services, if the GOVERNMENT notifies the CONTRACTOR in writing prior to executing such payments.

C. The CO will determine the payment deduction amount by calculating the percentage of acceptable services performed by the CONTRACTOR. The GOVERNMENT will use the total number of deficiencies found to determine the percentage found unacceptable. The percentage found unacceptable subtracted from 100 percent will determine the percentage acceptable.

PART 12 - GOVERNMENT POINTS OF CONTACT

Contracting Officer (CO): Bureau of Reclamation – TBD

Contracting Officer’s Representative (COR): Bureau of Reclamation – TBD

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS (JUL 2021)

---Addendum to 52.212-1---

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

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

(End of provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

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

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

DIAR 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION -- DEPARTMENT

OF THE INTERIOR (APR 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

"The information specifically identified on pages of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend: "This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

WBR 1452.225-82 NOTICE OF WORLD TRADE ORGANIZATION GOVERNMENT

PROCUREMENT AGREEMENT EVALUATIONS -- BUREAU OF RECLAMATION (MAY 2005)

In accordance with the Agreement on Government Procurement, as amended by the Uruguay Round

Agreements Act (Pub. L. 103-465), and other trade agreements, FAR Subpart 25.4, World Trade Organization Government Procurement Agreement, applies to Bureau of Reclamation acquisitions. In order to apply trade agreements unique to Reclamation, the contracting officer will (irrespective of any other provision or clause of this solicitation) evaluate acquisitions at or above the dollar thresholds listed in FAR 25.402(b) without regard to the restrictions of the Buy American Act.

---End of Addendum to 52.212-1---

52.212-2 EVALUATION – COMMERCIAL ITEMS - (OCT 2014)

(a) The Government intends to award multiple Task Orders resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1: Technical

The Government intends to use the evaluation findings and ratings given for subfactors 1a through 1c to arrive at one composite rating for Factor 1, Technical.

Factor 1a: Design Characteristics

i. Compliance with requested characteristics detailed in Statement of Word (SW), Section 2.3, Parts B and C.

ii. Equipment proposed is a mature design currently in use in the US employed in a similar fashion.

iii. The cases are required to be sized such that their dimensions and loaded weight allow them to be easily man-portable as determined by the Government.

Factor 1b: Additional consideration for these functionalities, SOW, Section 2.3, Part D

i. Laptop monitor can display real-time communication system status.

ii. Laptop monitor can display radio handset geolocation on map display.

iii. Laptop monitor can display real-time data from furnished surface-mounted air quality monitor.

iv. Laptop monitor can display real-time data from personal air quality monitor.

Factor 1c: Additional consideration for these attributes, SOW, Section 2.3, Part E

i. Equipment is MSHA approved.

ii. Nodes are smaller in size.

iii. Nodes are lighter in weight.

iv. Batteries provide extended run time.

v. Possesses features making the equipment well-suited for temporary deployment and retrieval based on the Government’s subjective evaluation.

Factor 2: Factory Support

The Government intends to use the evaluation findings and ratings given for subfactors 2a through 2c to arrive at one composite rating for Factor…