Sol_140R1023Q0005.pdf
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- DIERINGER REMEDIATION
- Solicitation number
- 140R1023Q0005
About this file
This solicitation requests proposals for environmental remediation services at a dairy farm property located in Moses Lake, Washington. The Bureau of Reclamation seeks to remediate contamination at the site in preparation for use of an adjacent waterway. Offerors must submit proposals by June 8th including a signed SF-1449 form. A non-mandatory site visit will be held on May 16th. The selected contractor will perform tasks such as abandoning wastewater systems, delineating wetlands, remediating manure ponds and contaminated soils, and obtaining regulatory closure to achieve a no further action designation for the property by May 31st, 2024.
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| 140R1023Q0005__0002_formatted_0002.pdf | ||
| Sol_140R1023Q0005_Amd_0001.pdf |
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
0009909936 CODE 16. ADMINISTERED BYCODE
X
X
562910
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORR10
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
06/07/2023 1500 MD
05/11/2023
2083832229Carrie Calleja (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140R1023Q0005
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 2 0040608800OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Boise ID 83706-1234 1150 N. Curtis Road Pacific Northwest Regional Office Bureau of Reclamation-PN-RO
15. DELIVER TO
Boise ID 83706-1234 1150 N. Curtis Road, Ste. 100 Acquisition Management Division Regional Office Pacific Northwest Region
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$25
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
Bureau of Reclamation
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Project Title: Potholes Supplemental Feed Route (PSFR) Acquisition Remediation - Dieringer Dairy Property located in Moses Lake, WA.
On-Site Walk-through, May 16, 2023 at 10:00 AM PT. Location site 9327 Road 10 NE, Moses Lake, WA 98837 (47.23351'N, 119.23360'W). Water levels to reach the manure lagoons are variable.
Strongly suggest tall waterproof boots and PPE for walking around a dairy farm. Contact Thomas Appler, cell: (541)571-2238.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Misty Gates
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Delivery: 06/30/2024
Period of Performance: 07/01/2023 to 06/30/2024
00010 Dieringer REMEDIATION Reimbursable funds
Product/Service Code: F108
Product/Service Description: ENVIRONMENTAL
SYSTEMS PROTECTION- ENVIRONMENTAL REMEDIATION
00020 Dieringer REMEDIATION FY23 funds
Product/Service Code: F108
Product/Service Description: ENVIRONMENTAL
SYSTEMS PROTECTION- ENVIRONMENTAL REMEDIATION
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
2 2 of
Solicitation No. 140R1023Q0005
Commercial Service Acquisition
Title – Potholes Supplemental Feed Route
(PSFR)- Acquisition Remediation – Dieringer
Dairy, Moses Lake, Washington
Quotes are due on 06/08/2023 3:00PM Mountain Time.
Site Visit is scheduled for: May 16, 2023, at 10:00 AM PT Contact: Thomas Appler, Cell: (541)571-2238
Vendors shall submit the following items in response to this solicitation:
1. SF-1449, blocks 17a: Complete, date, and sign.
2. Submit the appropriate information requested under section E-1 52.212-1.
THE QUOTE SHALL BE RETURNED TO THE FOLLOWING EMAIL ADDRESS(ES):
ccalleja@usbr.gov mgates@usbr.gov
No facsimile (FAX) quotes will be accepted.
Vendor questions must be submitted and received e-mail no later than: April 30, 2023.
Only email questions will be accepted to individuals listed above.
Columbia-Pacific Northwest Region mailto:ccalleja@usbr.gov
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
0009909936 CODE 16. ADMINISTERED BYCODE
X
X
562910
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORR10
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
06/07/2023 1500 MD
05/10/2023
2083832229Carrie Calleja (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140R1023Q0005
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 2 0040608800OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Boise ID 83706-1234 1150 N. Curtis Road Pacific Northwest Regional Office Bureau of Reclamation-PN-RO
15. DELIVER TO
Boise ID 83706-1234 1150 N. Curtis Road, Ste. 100 Acquisition Management Division Regional Office Pacific Northwest Region
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$25
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
Bureau of Reclamation
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Project Title: Potholes Supplemental Feed Route (PSFR) Acquisition Remediation - Dieringer Dairy Property located in Moses Lake, WA.
On-Site Walk-through, May 16, 2023 at 10:00 AM PT. Location site 9327 Road 10 NE, Moses Lake, WA 98837 (47.23351'N, 119.23360'W). Water levels to reach the manure lagoons are variable.
Strongly suggest tall waterproof boots and PPE for walking around a dairy farm. Contact Thomas Appler, cell: (541)571-2238.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Misty Gates
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Delivery: 06/30/2024
Period of Performance: 07/01/2023 to 06/30/2024
00010 Dieringer REMEDIATION Reimbursable funds
Product/Service Code: F108
Product/Service Description: ENVIRONMENTAL
SYSTEMS PROTECTION- ENVIRONMENTAL REMEDIATION
00020 Dieringer REMEDIATION FY23 funds
Product/Service Code: F108
Product/Service Description: ENVIRONMENTAL
SYSTEMS PROTECTION- ENVIRONMENTAL REMEDIATION
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
2 2 of
Performance Work Statement (PWS)
PSFR Parcel Dairy Remediation
1. Overview – This PWS identifies tasks to be completed for the PSFR Parcel Acquisition Remediation.
With the operation of the Potholes Supplemental Feed Route (PSFR), certain properties adjacent to Crab
Creek are expected to see increases to the ground and surface water on the properties. One such property expected to be significantly impacted by PSFR flows is the Dieringer Dairy property. Due to the expected increase in surface water, the property will no longer be compatible with its current use as a working dairy farm and will need remediation services. The Crab Creek portion of the PSFR is planned to carry irrigation water to the Potholes Reservoir as early as Spring 2024
The Dieringer Dairy property (Grant County Parcel 170934000) is located at 9327 Road 10 NE, Moses
Lake, WA 98837
2. General Terms of the Contract – Contractor must perform all tasks necessary to complete the
Dieringer Dairy property contamination remediation and obtain a No Further Action letter for the property from the WA Dept. of Ecology (Ecology).
a) No additional information.
b) No additional information.
c) Any changes on this PWS to the geographic location where the work is to be performed (office or field), the period of performance, the deliverables required, performance work statement and all other pertinent data requires a bilateral modification, in advance, between the Contractor and
Contracting Officer.
3. Communication and Coordination
a) Contractor will conduct a project update meeting with Reclamation every two weeks at a recurring time/day negotiated with the COR.
b) Contractor shall provide daily work-completed reports to the COR and Reclamation inspector. Reports shall include any safety incidents.
c) No additional information.
4. Non-Personal Services - If the contractor believes that any actions constitute, or are perceived to constitute personal services, it must be the contractor's responsibility to notify the CO immediately.
5. Professional Qualifications - The contractor must accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience to successfully complete the requirements in this PWS.
6. Site Work
a) The contractor must perform all tasks necessary to complete the PSFR Parcel Acquisition remediation and reporting described below.
b) Site Work
i) Contamination Remediation
(1) Purpose, Scope, and Other Work Features
As part of the environmental due diligence, Reclamation contracted with White Shield, Inc. (Pasco, WA) to conduct environmental assessments. Those assessments (attached) revealed several locations on this property where operations of the dairy farm have created environmental situations that must be remediated before Reclamation and
Ecology can determine that the property is acceptable for PSFR water inundation.
Additional contamination could exist, if discovered, would require the contractor to notify the
COR immediately.
Contractor will remediate these areas to the satisfaction of Ecology regulations and
Reclamation so that the PSFR can be utilized without surface or groundwater contamination from the property. The property shall be remediated to the standard where Ecology will issue Reclamation a No Further Action letter.
The contractor shall conduct work on approximately 103 acres of federal lands in Grant
County, Washington (see attached map). The PSFR Parcel Acquisition Remediation project is a component of the Potholes Supplemental Feed Route (PSFR) and consists of remediation of recently acquired property (Grant County Parcel 170934000) in preparation for use of the Crab Creek portion of the PSFR to carry irrigation water to the Potholes Reservoir as early as Spring 2024. Remediation is an action of reversing or stopping environmental damage and is generally referred to as reclamation.
Location and Access: The work areas are contained within a parcel consisting of approximately 103 acres of federal land in Grant County, Washington, in Township 20
North, Range 28 East, Section 15 (Grant County Parcel 170934000). Access to the property is from County Road 10 NE along the northern and eastern boundaries.
Testing Inventory Methodology: When contamination testing is required the contractor must collect, maintain the chain of custody, and test the sample through an independent lab in adherence with generally acceptable principles and methodology for environmental testing. Sample locations must be GPS’d and photographed.
All work will be performed in accordance with the requirements laid out in the
Inadvertent Discovery Plan that will be provided to the Contractor. If the contractor identifies any unusual or threatened artifacts that warrant collection, they must immediately stop work and consult with Reclamation’s COR and the Columbia-
Cascades Area Office archaeologist.
Site Recordation and Evaluation: The locations of all contaminated areas must be
GPS’d, photographed, and documented prior to any work. The remediation process must be documented through notes, photographs, and confirmation testing.
Reporting: Upon completion the various remediation tasks, the contractor must prepare draft remediation reports followed by a final all-encompassing report incorporating comments provided by Reclamation.
(2) Specific Tasks/Services Required
The contractor shall furnish all staff, including supervision and administration, basic materials, supplies, travel, labor, and equipment required for the work listed in this
PWS.
TASK 1 – PROJECT PLANNING
Task 1.1 - The contractor shall submit to Reclamation a Feasibility Study/Draft Clean-
Up Action Plan. The plan shall be constructed from and meet the requirements of
Ecology for Feasibility Studies and Cleanup Action Plan Checklists. Plan shall also include a confirmation sampling plan, Ecology test standards and levels for No Further
Action, and outline the necessary permits for remediation. Cleanup Action Plan
Checklist (wa.gov).
a) Include a plan for Reclamation approval to remove as much of the surface manure (including inside of the buildings) on the property as practically https://apps.ecology.wa.gov/publications/documents/1609008.pdf https://apps.ecology.wa.gov/publications/documents/1609008.pdf feasible.
b) Include a decommissioning plan for the north and south dairy waste lagoons in accordance with applicable federal and state requirements, conforming to the most stringent requirement in cases of conflict between specifications and regulatory requirements. Attached is the White Shield, Inc. decommissioning report for reference.
c) WA Dept. of Ecology Guidance for Remediation of Petroleum Contaminated
Sites
d) Contact Ted Uecker (tuec461@ecy.wa.gov, 509-342-5564) at Ecology for assistance prior to drafting the Cleanup Action Plan
Task 1.2 - The contractor shall submit to Reclamation a proposed Site Cleanup
Schedule based on the tasks outlined. Note: the schedule should take into account the equipment needs to access to various areas of the property as seasonal surface water tends to be shallower in the spring and deeper in the fall.
Task 1.3 – The contractor shall submit to Reclamation a Reclamation--approved Final
Cleanup Action Plan with schedule.
Task 1.4 – The contractor shall obtain all necessary permits and email proof of permitting research and obtained permits to the COR.
a) Potential permitting needs may include but are not limited to: USACE 404, ECY 401, HPA, EPA 402 (due to federal operator clause), etc.
b) Contactor shall state clearly on all permits that they are working for
Reclamation on a Reclamation project.
STANDARDS
1. The contractor shall complete these tasks by the dates outlined in the PWS deliverables table in Section 9 below.
TASK 2- FIELD WORK
Task 2.1 - The contractor shall research, locate, disconnect, abandon, and remediate the existing north end residential septic system (including drain fields or sand mounds, if necessary) in accordance with WA State (RCW 90.48, WAC 173-200 and 201), Grant County, and any other applicable regulations. Provide proof to COR via email that Grant County has signed off that the system is properly abandoned.
Task 2.2 - The contractor shall research, locate, disconnect, abandon, and remediate any on-site wastewater disposal facilities located in the dairy operations area
(including drain fields or sand mounds, if necessary) in accordance with WA State
(RCW 90.48, WAC 173-200 and 201), Grant County, and any other applicable regulations. Provide proof to COR via email that Grant County has signed off that the system is properly abandoned.
Task 2.3 - The contractor shall research, locate, disconnect, abandon, and remediate the south end residential septic system (including drain fields or sand mounds, if necessary) in accordance with WA State (RCW 90.48, WAC 173-200 and 201), Grant
County, and any other applicable regulations. Provide proof to COR via email that https://apps.ecology.wa.gov/publications/documents/1009057.pdf https://apps.ecology.wa.gov/publications/documents/1009057.pdf mailto:tuec461@ecy.wa.gov https://granthealth.org/septic-system-oss/ https://granthealth.org/septic-system-oss/ https://granthealth.org/septic-system-oss/ https://granthealth.org/septic-system-oss/
Grant County has signed off that the system is properly abandoned.
Task 2.4 - The contractor shall delineate any existing wetlands on the property according to the Eastern Washington Wetland Rating System https:/ecology.wa.gov/Water-Shorelines/Wetlands/Tools-resources/Rating-systems.
a) Stake boundaries of any wetlands delineated, prior to commencing any work
(disconnections, abandonment, etc.).
b) Provide to Reclamation’s COR via email or secure download site the GIS shapefiles of the delineated wetlands.
Task 2.5 - The contractor shall decommission and remediate as per WA Dept. of
Ecology, US Dept of Agriculture (Agriculture), and any other applicable regulations the existing manure ponds including the pumping system. This will entail pumping and hauling for disposal of all liquids and solids considered pollutants by Ecology.
The manure ponds are adjacent to wetlands; contractor shall obtain all necessary permits (see Task 1.4). An impermeable barrier shall remain between the manure ponds and the adjacent wetlands at all times until all contamination has been removed from the site. After testing has proved the contamination has been remediated, breach the barrier to the wetlands so water cannot pond. Provide proof to COR via email that
Ecology and Agriculture have concurred that the manure ponds have been properly abandoned.
a) Before final restoration steps, provide to COR confirmation sampling report from an independent lab proving contamination has been removed.
b) Attached example references include, but may not be limited to or applicable, NRCS Practice Standard, Ecology CAFO Fact Sheet, and Ecology CAFO
Permit requirements.
Task 2.6 - The contractor shall remove and remediate the manure handling system
(just south of the loafing shed) and detectable VOCs and petroleum related contaminants in the vicinity. Demolish, haul offsite, and properly dispose of the associated equipment and facilities.
a) Provide to COR confirmation sampling report from an independent lab proving contamination has been removed.
Task 2.7 - The contractor shall collect and dispose of the site manure in accordance with the Reclamation-approved plan from Task 1.1.
Task 2.8 – To limit further runoff, the contractor shall place silt fence 10 linear feet upslope of the 1107’ elevation contour line from the west property line to the fence separating the dairy from the pivot field.
Task 2.9 – The contractor shall remove and properly dispose of all barrels and other containers in the diary operations buildings that contain or could potentially contain hazardous materials.
Task 2.10 - The contractor shall clean and properly dispose of manure, semi-volatile petroleum products, and any other contaminants on the calving shed floor.
Task 2.11 - The contractor shall determine the extents of the hydrocarbon contamination in the vicinity of the former above-ground diesel tank on the west side of the commodity shed and provide the COR with a map and sampling results showing https://ecology.wa.gov/Water-Shorelines/Wetlands/Tools-resources/Rating-systems the extents.
Task 2.12 - The contractor shall remediate hydrocarbon-contaminated soils in the vicinity of the former above-ground diesel tank on the west side of the commodity shed and provide to the COR confirmation sampling report proving contamination has been removed.
Task 2.13 - The contractor shall complete all confirmation sampling as outlined in
Task 1.1 and submit results to the COR.
STANDARDS
1. The contractor shall complete fieldwork by May 31, 2024.
2. Any sample results that are returned as positive above levels acceptable by Ecology
(as outlined in Task 1.1), will require that the contractor again perform the associated remediation task and retest.
TASK 3 – WA Dept. of Ecology No Further Action Letter
Task 3.1 – Contractor shall obtain from Ecology and submit to the COR a No Further
Action letter as proof of acceptable remediation.
STANDARDS
1. The contractor shall complete by May 31, 2024.
2. Contractor shall reperform to the satisfaction of Ecology any listed Tasks that has a level of incompleteness or quality that prevents Ecology from issuing the No
Further Action letter.
7. Quality Control
a) All submittals (where applicable) must be approved by both Reclamation and Ecology.
b) All remediation must be done to the satisfaction of Ecology towards the goal of a No Further
Action letter for the subject property.
c) All sample testing should be taken with generally acceptable sampling techniques, chain-of-custody documentation, and analyzed at an independent lab.
8. Overall PWS Annual Reporting - NA
9. PWS Deliverables – Deliverables will be defined at the task level.
Task
Number
Deliverable Description Due Date or Delivery
Time
No. of Sets to be Sent to:
CO COR PM
1.1 Feasibility Study/Draft
Clean-Up Action Plan
Within 30 days after award 1 1 1
1.2 Proposed Site Clean-Up
Schedule
Within 30 days after award 1 1 1
1.3 Final Clean-Up Action
Plan with schedule.
Within 15 days of
Reclamation
Comments
1.4 Permitting Research and
Proof of Obtained Permits
Within 120 days after award 1 1 1
2.1 Abandon North Residential Septic System
May 31, 2024
2.2 Abandon Dairy Operations Septic System
2.3 Abandon South Residential Septic System
2.4 Delineate Existing Wetlands
2.5 Remediate Manure Ponds May 31, 2024
2.6 Remediate Manure
Handling System
2.7 Collect and Dispose of Site
Manure
2.8 Silt Fencing May 31, 2024
2.9
Remove and Dispose of
Dairy Operations
Barrels/Containers
2.10
Contaminants on Calving Shed Floor
2.11
Determine Extents of
Hydrocarbon
Contamination from AST
2.12
Remediate Hydrocarbon
Contaminated Soils @
AST Location
2.13 Confirmation Sampling May 31, 2024 1 1 1
3.1 No Further Action Letter May 31, 2024 1 1 1
10. Performance Requirement Summary (PRS): PRS will be defined at the task level.
Task Number Performance Standard Acceptable Quality
Level Incentive/Remedy
1.1
Feasibility Study/Draft Clean-
Up Action Plan
100% within 30 days after award
Incentive:
Positive CPARS comments and ratings
1.2
Proposed Site Clean-Up
Schedule
100% within 30 days after award
Incentive:
Positive CPARS
1.3
Final Clean-Up Action Plan with schedule.
100% within 15 days of
Reclamation Comments
Incentive:
Positive CPARS
1.4
Permitting Research and Proof of Obtained Permits
Within 120 days after award. If unable to accomplish, provide
COR with clear and reasoned explanation of which permits were not acquired, why, and a schedule for obtaining them.
Incentive:
Positive CPARS
Remedy: 2% invoice deduction after 120 days without acceptable explanation, additional 2% invoice deduction every 15 additional days without explanation
2.1
Abandon North Residential
100% by May 31, 2024 as measured by the written concurrence of Grant
County that the Task item is complete.
Incentive:
Positive CPARS
Remedy:
Reperformance at no additional cost; 2% invoice deduction after due date, additional 2% invoice deduction every 15 additional days.
2.2
Abandon Dairy Operations
100% by May 31, 2024, as measured by the written concurrence of
Grant County that the
Task item is complete.
Incentive:
Positive CPARS additional cost; 2% invoice deduction after due date, additional 2% invoice deduction
2.3
Abandon South Residential written concurrence of
Grant County that the
Task item is complete.
Incentive:
Positive CPARS additional cost; 2% invoice deduction after due date, additional 2% invoice deduction
2.4
Delineate Existing Wetlands as measured by the visual inspection by COR or representative, and the
GIS files provided to the
COR
Incentive:
Positive CPARS
Reperformance at no additional cost;
2% invoice deduction after due date, additional 2% invoice deduction
2.5
Remediate Manure Ponds written concurrence of
Ecology and Agriculture that the Task item is complete.
Incentive:
Positive CPARS additional cost; 2% invoice deduction after due date, additional 2% invoice deduction
2.6
Remediate Manure Handling
System
100% by May 31, 2024, as measured by confirmation sampling provided to COR showing no contamination.
Incentive:
Positive CPARS additional cost; 2% invoice deduction after due date, additional 2% invoice deduction
2.7
Collect and Dispose of Site
Manure
95% by May 31, 2024, as measured by visual inspection by COR or representative and haul receipts provided to
COR.
Incentive:
Positive CPARS additional cost; 2% invoice deduction after due date, additional 2% invoice deduction
2.8
Silt Fencing
100% by May 31, 2024 as measured by the visual inspection by COR or representative.
Incentive:
Positive CPARS invoice deduction after due date, additional 2% invoice deduction
2.9
Remove and Dispose of Dairy
Operations Barrels/Containers as measured by
Reclamation inspection and receipts for disposal.
Incentive:
Positive CPARS invoice deduction after due date, additional 2% invoice deduction
2.10
Contaminants on Calving Shed
Floor
100% by May 31, 2024, as measured by confirmation sampling provided to COR showing no contamination.
Incentive:
Positive CPARS invoice deduction after due date, additional 2% invoice deduction
2.11
Determine Extents of
Hydrocarbon Contamination from AST as measured by sampling results provided to COR showing contamination extents.
Incentive:
Positive CPARS
Reperformance at no additional cost;
2% invoice deduction after due date, additional 2% invoice deduction
2.12
Remediate Hydrocarbon
Contaminated Soils @ AST
Location
100% by May 31, 2024, as measured by confirmation sampling provided to COR showing no contamination.
Incentive:
Positive CPARS invoice deduction after due date, additional 2% invoice deduction
2.13
Confirmation Sampling confirmation sampling, adhering to the sampling plan outlined in Task 1.1 and provided to COR, showing no contamination.
Incentive:
Positive CPARS additional cost; 2% invoice deduction after due date, additional 2% invoice deduction
3.1
No Further Action Letter
Contractor providing the
No Further Action Letter from Ecology to the
COR.
Incentive:
Positive CPARS additional cost of any task in the PWS that prevents
Ecology issuance of the No Further
Action letter; 2% invoice deduction after due date, additional 2% invoice deduction
RECLAMATION POINTS OF CONTACT
All work under this PWS after award must be coordinated with the Contracting Officer’s Representative
(COR).
Permitting
All work must be conducted within the stipulations and guidelines of the attached EA.
Contractor shall obtain all necessary permits for the work.
Government-Furnished Property
None
Security
The nature and location of the work is not deemed high-security by the C-PN Security Office.
Contractor will be required to maintain the security of the site at all times by keeping existing physical barriers (such as gates, fencing, concrete blocks, cables, etc.) secured and in good working order.
Place of Performance
All work will be completed within the borders of the above-referenced property. A pre-bid site visit will be required for all offerors.
Fees
The Contractor shall pay all Federal, State, County and Municipal fees applicable to the performance of the work as described in this performance work statement.
Period of Performance
All work will be completed by May 31, 2024.
Figure 1. APE, PSFR Parcel Acquisition Remediation Project
Clauses
52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEC 2022)
---Addendum to 52.212-4---
DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made 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)
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)
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.
“Concurrent to submitting an invoice in IPP, the contractor may submit any supporting documentation to the contracting officer at MGates@usbr.gov, or contract specialist at ccalleja@usbr.gov. Contractors are cautioned that supporting documentation e-mailed to the contracting officer must not conflict with the IPP submission. Conflicts between the IPP submission and supporting documentation may result in a delay in approval and/or rejection of submitted invoices.
When e-mailing supporting documentation to the contracting officer, the subject line of the email shall be formatted as follows: Contract Number, Invoice Number, Contracting Officer's last name (e.g., 140R2018R00000_Invoice No. 1_Smith). The invoice shall be attached to the email and named using the following format: Contract Number, Contractor Name, Invoice Number, Invoice Amount (e.g., 140R2022R00000_World Test, Inc. - Inv. No. 1 - $5,678).
Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc. The final invoice shall be submitted and will be approved in accordance with payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the ‘Final Invoice’.”
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)
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)
http://www.acquisition.gov/far http://www.acquisition.gov/diar http://www.ipp.gov/ mailto:MGates@usbr.gov mailto:IPPCustomerSupport@fiscal.treasury.gov
DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC
2015)
1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.
The Department of the Interior (DOI) has implemented the Contractor Performance Assessment
Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR
42.15.
2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report.
Once the report is processed, it is available in the Past Performance Information Retrieval System
(PPIRS) for Government use in evaluating past performance as part of a source selection action.
3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the
Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.
c) All information provided should be reviewed for accuracy prior to submission.
d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the
Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
6) The following guidelines apply concerning your use of the past performance evaluation:
a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
http://www.cpars.gov/ http://www.cpars.gov/
b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the
CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
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 1452.223-81 Safety and Health -- Bureau of Reclamation (AUG 2021)
(a) The Contractor shall not require any person employed in the performance of this contract
(including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's health or safety.
(b) Contractor shall comply with the most current version of the Bureau of Reclamation Reclamation
Safety and Health Standards (RSHS) and, if applicable, the requirements of the Accident Prevention
Clause (FAR 52.236-13 ).
The RSHS manual shall be obtained at http://www.usbr.gov/ssle/safety/RSHS/rshs.html
Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910 from the Occupational Safety and Health Administration, U.S. Department of Labor, www.osha.gov.
(c) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, the more stringent requirement shall prevail.
(d) The Contractor shall submit a written proposed safety program as prescribed in the RSHS and the written specifications.
(e) The Contractor shall maintain an accurate record of and shall report to the Contracting Officer (or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines.
(f) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract.
(g) If the RSHS is updated or amended by Reclamation during the course of this contract, the contractor will be notified in writing. The contractor shall comply with the current RSHS immediately upon written notification. Should the contractor feel that the updated version of
RSHS constitutes a substantive change to the contract, affecting price or time (or both), the https://www.acquisition.gov/far/part-52#FAR_52_236_13 http://www.usbr.gov/ssle/safety/RSHS/rshs.html http://www.osha.gov/ contractor may request an equitable adjustment in the contract price. Any such requests shall include a price proposal submitted in compliance with Contract Clause WBR 1452.243-80, Modification Proposals - Bureau of Reclamation, and in sufficient detail to allow meaningful analysis of labor, equipment and material.
WBR 1452.209-82 PROHIBITION ON RELEASE OF INFORMATION -- BUREAU OF
RECLAMATION (JUL 1997)
(a) The Contractor shall not disclose information pertaining to the services performed under this contract to anyone other than Government or other personnel authorized by the Contracting
Officer. The Contractor agrees that it will protect any information obtained from other companies during the performance of this contract from unauthorized use or disclosure for as long as the information remains proprietary and shall refrain from using such information for any purpose other than that for which it was furnished.
(b) In the event that the Contractor intends to employ individuals other than its own staff or other firms in the performance of the contract, each individual or firm shall be required to furnish the same written certification.
(c) The contractor shall insert, in any subcontract that requires the performance of work similar to that being performed by the Contractor, terms that shall conform substantially to the language of this clause, including this paragraph (c).
WBR 1452.232-80 LIMITATION OF FUNDS -- BUREAU OF RECLAMATION (MAR 2022)
(a) Pursuant to Section 12 of the Reclamation Project Act of 1939 (43 U.S.C. 388) incremental funding for this contract will be made available in accordance with this clause. This statute permits the Secretary of the Interior to enter into contracts which will cover such periods as the Secretary may consider necessary but in which liability of the United States shall be contingent upon appropriations being made therefore.
For purposes of this clause, the term "appropriations" includes the Bureau of Reclamation’s subsequent allocation of funds for this contract.
(b) Incremental funding in the amount of 8% is presently available for payment and allotted under this contract for . This present funding allotment is contemplated to cover the work to be performed until. A schedule for anticipated future funding allotments is as follows. This information is for planning purposes only and may not be fully representative of the funds actually allotted under this contract.
FISCAL YEAR FUNDING AMOUNT
On award of contract 8%
FY 23
79%
FY 24 13%
(c) For work identified in paragraph (b) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of specified work for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor shall not be obligated to continue performance of this work beyond that point. The Government shall not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for this work notwithstanding any contrary provisions of the Termination for Convenience of the Government clause of this contract.
(d) Notwithstanding the date specified in paragraph (b) of this clause, the Contractor shall notify the
Contracting Officer in writing at least sixty days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 75 percent of the total amount then allotted to the contract for performance of work identified in paragraph (b) of this clause. The notification shall state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of the work up to the next scheduled date for allotment of funds identified in paragraph (b) of this clause, or to a mutually agreed upon substitute date.
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