Sol_140R2020Q0059.pdf

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

R20

Sacramento CA 95825-1898

Division of Acquisition Services Regional Office Mid-Pacific Region Bureau of Reclamation

0009909971 CODE 16. ADMINISTERED BYCODE

X

X

X

562998

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

03/31/2020 1100 PT

03/16/2020

916-978-5540Denard Fobbs (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R2020Q0059

5. SOLICITATION NUMBER

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

1 33 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

2800 Cottage Way, Room E-1815

TELEPHONE NO.

17a. CONTRACTOR/

Sonora CA 95370-8869 6850 Studhorse Flat Road New Melones Resource Office Bureau of Reclamation-MP-CCAO

15. DELIVER TO

Sacramento CA 95825-1898 2800 Cottage Way, Room E-1815 Division of Acquisition Services Regional Office Mid-Pacific Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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 SCHEDULE

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.

Legacy Doc #: BOR Delivery: 05/21/2021 Period of Performance: 05/22/2020 to 05/21/2023

See 52.212-1 and section (f) for quote submission instructions See Provision 52.212-2 Evaluation of Commercial Items for RFQ Evaluation Procedures

00010 Base Period:

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Denard Fobbs

. 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.

Wastewater and Water Operator In accordance with

Price Schedule Detail and Performance Work

Statement:

*Vendor shall invoice only for services performed*

Period of Performance: 05/22/2020 to 05/21/2021

00020 Option Year #1:

Wastewater and Water Operator In accordance with

Price Schedule Detail and Performance Work

Statement:

*Vendor shall invoice only for services performed*

(Option Line Item)

05/21/2021

Period of Performance: 05/22/2021 to 05/21/2022

00030 Option Year #2:

Wastewater and Water Operator In accordance with

Price Schedule Detail and Performance Work

Statement:

*Vendor shall invoice only for services performed*

(Option Line Item)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 33

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R2020Q0059

05/21/2022

Period of Performance: 05/22/2022 to 05/21/2023

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

140R2020Q0059 UNITED STATES BUREAU OF RECLAMATION

Price Schedule Detail

Base Period: 5/22/2020 – 5/21/2021

Labor Rate Description Estimated Qty Rate Total Base Rate 226 Emergency Call Out Rate 10

Grand Total

Option Year #1: 5/22/2021 – 5/21/2022

Labor Rate Description Estimated Qty Rate Total Base Rate 226 Emergency Call Out Rate 10

Grand Total

Option Year #2: 5/22/2022 – 5/21/2023

Labor Rate Description Estimated Qty Rate Total Base Rate 226 Emergency Call Out Rate 10

Grand Total

*Quantities are estimates ONLY, vendor is only authorized to invoice of work performed*

Base and All Option Years Total ________________________________

Performance Work Statement

New Melones Lake Wastewater and Water Treatment Operator Backup

1.0 SCOPE

The Government requires a Backup Wastewater Operator/Water Treatment Operator Contractor to provide ongoing operation and monitoring of the Wastewater Treatment Facilities (WWTFs) and the potable Water Treatment Facilities (WTFs) at the Glory Hole Recreation Area, Tuttletown Recreation Area, and Administration Complex.

1.1 OBJECTIVE

The objective of this contract is to acquire contractor services to keep the wastewater and water facilities at New Melones Reservoir in compliance with Waste Discharge Requirement (WDR) permits, The California Regional Water Quality Control Board (RWQCB), Central Valley Region, issued WDRs for the WWTF at Tuttletown (Order Number MRP No. 2014-0153-DWQ-R5254) and Glory Hole (Order Number MRP No. 2014-0153-DWQ-R5273). The contractor shall also perform all duties as required to comply with the Department of Water Resources Water Permits for the Tuttletown Recreation Area (03- 11-17P-026), Administration Center (03-11-17P-025), and Glory Hole Recreation Area (PWS ID 05-00- 102). Reclamation is the named discharger in these WDR permits, and is responsible for the operation of these WWTFs and WTFs. The WDR for Glory Hole WWTF requires ongoing monitoring, as well as quarterly and annual reporting. The WDR for Tuttletown WWTF requires ongoing monitoring, as well as quarterly and annual reporting if requested by the RWQCB. The current MRP at Tuttletown does not require any sampling of groundwater monitoring wells at that location, however continuing with semiannual sampling is beneficial to Reclamation. Voluntary groundwater monitoring at Tuttletown will be performed at the discretion of the Resource Manager until there is a revised MRP requiring groundwater monitoring at this location. Reporting on the required monitoring shall be submitted in accordance with the due dates specified in each WDR.

Locations In the vicinity of:

Glory Hole

38.016917,-120.530061

Tuttletown

37.989796,-120.491030

Administration

38.004942,-120.487982/ 6850 Studhorse Flat Road, Sonora CA 95370

1.2 BACKGROUND

A contractor is needed to provide services on an ‘as needed’ basis when the usual Government employee WWTF/WTF operator is temporarily unavailable due to vacation, sickness, etc. The contractor needs to be available 24-hours a day, 365-days a year. The contractor monitors the WWTFs/WTFs and collects samples in accordance with current Monitoring and Reporting Programs (MRPs),submits data to the COR, Resource Ranger, Government Wastewater Operator/Water Treatment Operator, assists Natural Resource Specialist, and management on technical and operational elements of reporting.

2.0 REFERENCES - The following list of documents are required in the performance of this contract:

None

3.0 TASKS - The contractor shall perform the following tasks:

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

b) Contractor shall perform monitoring and reporting for the water and wastewater facilities in the Glory Hole and Tuttletown Recreation Areas, as well as at the Administration Center on an as needed basis in accordance with the WDR’s cited above.

c) Contractor shall respond to emergencies of all types that involve the water and wastewater systems and take necessary actions to prevent sewage overflows, protect equipment and to resolve wastewater issues.

d) Contractor shall respond to the site of an emergency within one hour of telephonic notification.

e) As required, contractor shall provide all field data sheets to the Government Water Treatment and Wastewater Operator, Natural Resource Specialist or other staff promptly at the end of the month, and will assist in providing information necessary to the completion of reports. The contractor will also work with New Melones staff to ensure the efficient maintenance and repair of the water and wastewater systems at New Melones. Additionally, the contractor may need to meet with additional Reclamation staff, outside contractors and State regulatory staff to provide information. Contractor shall obtain approval of COR prior to contacting outside contractors or state regulatory staff.

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

g) Contractor shall ensure that an alternate state certified Water Treatment and Wastewater Operator is available to provide service during periods when the primary contractor is unavailable. The alternate contract operator will ensure continuity of operations for periods when the primary contractor is unable to provide service. The primary operator will provide advance notice to the COR prior to the designation of an alternate operator.

The alternate operator shall maintain a current Water and Wastewater Operator certification at Grade 1(minimum) from the California Office of Operator Certification and be registered by the State Water Resources Control Board as a contract operator.

Contractor shall provide a copy of current certificates to the COR.

h) Per the requirements of the State of California and the RWQCB, the contractor (Operator) must possess a current Wastewater Operator and Water Treatment Operator certification at Grade 1 (minimum) from the California Office of Operator Certification and be registered by the State Water Resources Control Board as a contract operator and be able to serve in the capacity of Chief Operator contractor shall provide a copy of current certificates.

4.0 ADDITIONAL INFORMATION

Security: Contractor shall maintain security of keys and equipment issued as a part of this contract.

Contractor shall carry photo identification at all times when performing contract services.

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

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

Accident Report Procedure: In the event of an accident, hazardous materials spill, or incident involving the Contractor while in performance of the contract, the Contractor shall submit a report to theCOR, no later than 3 working days, in letter form that will include the following: (1) The time and date of occurrence, (2) the place of occurrence, (3) a list of personnel directly involved, (4) a narrative description of the accident that includes a chronological order of facts and circumstances leading to mishap, the results of the investigation and an analysis to include a discussion of all cause factors listed, findings, recommendation, and any corrective action taken, and (5) the signature of the supervisor at the time of the mishap.

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

Representative.

a. Prior to work under this contract, the Contractor and designated representative of the Contracting

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

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

c. The Contractor’s equipment and vehicles will meet all safety standards as required by Federal, State, and Occupational Safety and Health Act (OSHA) standards.

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

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

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

PWS.

Estimated Quantity Line Items: All Line Items with quantities are estimated-quantity Line Items. The quantities are estimated amounts and are not guaranteed amounts. The contractor will only be paid for work actually performed. At no time will the contractor exceed the estimated quantity on an estimated quantity Line Item. The contractor will establish a tracking system of actual quantities against the contract’s estimated quantities for each estimated quantity Line Item and will maintain the tracking system up to date throughout the life of the contract. When the actual quantity of any Line Item reaches75% of the estimated quantity on any estimated quantity Line Item, the contractor will notify the Government’s Contract Specialist and the COR in writing by fax or e-mail within two calendar days.

Once the Government is notified that the actual quantity has reached 75% of the estimated quantity on any Line Item and if the Government determines that the estimated quantity needs to be increased, the contractor will receive an official modification to the contract action signed by the Contracting Officer increasing the quantity and the amount obligated on the contract BEFORE the contractor will proceed to work over the existing estimated quantity. The modification will establish the new estimated quantity that the contractor shall not exceed without another modification. Every invoice will be accompanied by a full accounting of each Line Item being billed, the actual quantity being billed and supporting documentation to support the actual quantities.

Invoices: The U. S. Bureau of Reclamation will be invoiced on a monthly basis for the actual hours worked. Payment shall be made monthly in arrears at the contract unit price for services performed in accordance with the pricing schedule and as described herein. The Government shall pay the Contractor upon submission of proper invoices for services delivered and accepted for the portion of the work actually performed under the contract.

Period of Performance: Period of performance will be for a Base Year and two (2) Option Years. The Option Years will be exercised based on the performance of the contractor and the existing need for the services by the Government.

Security: Contractor shall maintain security of keys and equipment issued as a part of this contract.

Contractor shall carry photo identification at all times when performing contract services.

Service Schedule: There is no established service schedule.

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

Prior to work under this contract the Contractor and designated representative of the Contracting

Officer will jointly prepare a Safety Action Plan/Hazard Analysis, Prior to work under this contract, the Contractor shall submit for approval by the Contracting Officer’s Representative a supplier’s “Material Safety Data Sheet” or “OSHA Form 20” for all cleaning agents, disinfectants and/or other chemical compounds to be used within the scope of this contract

5.0 DATA AND REPORTS - The contractor shall provide the following data and reports as follows:

The WDR for Glory Hole WWTF requires ongoing monitoring, as well as quarterly and annual reporting. The WDR for Tuttletown WWTF requires ongoing monitoring, as well as quarterly and annual reporting if requested by the RWQCB. The current MRP at Tuttletown does not require any sampling of groundwater monitoring wells at that location, however continuing with semiannual sampling is beneficial to Reclamation. Voluntary groundwater monitoring at Tuttletown will be performed at the discretion of the Resource Manager until there is a revised MRP requiring groundwater monitoring at this location. Reporting on the required monitoring shall be submitted in accordance with the due dates specified in each WDR. The contractor monitors the WWTFs/WTFs, collects samples in accordance with current Monitoring and Reporting Programs (MRPs),collects data from lab, submits data to the Government Wastewater Operator/Water Treatment Operator, assists Natural Resource Specialist, and management on technical and operational elements of reporting.

QUALITY ASSURANCE PLAN

a. Inspections: The Government shall inspect the Contractor’s performance in all functional areas under this contract and shall reserve the right to use whatever additional surveillance procedures are deemed appropriate. Contractor services shall be inspected using the random sampling method, the planned sampling method and/or 100% inspection method. The Government reserves the right to change or alter the type of inspection plan at its discretion at any time.

b. Performance Based Plan:

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

Contractor's performance during the period being evaluated. At the end of the period, the COR will assess the Contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP) and report to the Contracting Officer.

PERFORMANCE REQUIREMENTS SUMMARY AND

QUALITY ASSURANCE SURVIELLANCE PLAN (QASP)

Performance Requirement Summary (PRS)

Acceptable Quality Level Method of Surveillance

Contractor shall comply with the Performance Work Statement

PWS.

a. Timeliness -

Meet required deadlines

95% of the time. Meets

100% of deadlines within 5 business days.

b. Quality -

Monitoring and Reporting are performed as per Waste

Discharge Requirements

95% of time.

COR Surveillance

(100% review of periodic depending on tasks)

CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

(End of clause)

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

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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

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

2013)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days.

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years.

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

PLATFORM (IPP) APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

1. Purchase Order Number

2. Line Item Number

3. Supporting Information relevant to invoicing amount

4. Applicable period of performance

The Contractor shall also submit an electronic copy of the IPP invoice to the Contract Specialist/Contracting Officer at dfobbs@usbr.gov once the invoice has been submitted to IPP.

Failure to email the invoice may cause significant delay or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

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;

mailto:dfobbs@usbr.gov

(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)

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.”

(End of Clause)

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

(a) General Security Requirements:

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements.

Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the CO. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the CO will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.

(3) The Contractor’s employees governed by this contract may need access to sensitive information and/or sensitive areas. The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.

(4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract.

(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note: within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more.

The Contractor may be required to turn in access control cards or identification cards on a daily basis.

(8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government. The Contractor may be charged up to $500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the COR.

(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. For all non-U.S.

citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual’s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver’s license is not acceptable identification. In addition, a completed form I- 94 shall be submitted to the COR upon the individual’s arrival at the work facility and prior to beginning work.

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the Contracting Officer (CO). The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government.

(12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts.

(13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code:

the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as FOR OFFICIAL USE ONLY (FOUO) information or CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation directives and standards for identifying and safeguarding sensitive information (SLE 02-01), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.

(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the CO may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the CO. Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release.

The Contractor shall maintain, and furnish upon request of the CO, records of the names of individuals who have access to sensitive material in its custody. All questions regarding information security, access, and control shall be referred to the COR.

(ii) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the CO has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the CO ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the CO.

(iii) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed film or similar information which may affect the security interests of Government has occurred. This requirement extends to employees and other personnel working on behalf of the Contractor, and expands responsibility to include prompt reporting of security issues, including observed or subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive information.

(2) Classified Information.

(i) The disclosure of U.S. Government documents by third parties can result in damage to our national security. While this contract may not deal directly with classified information, each contractor is obligated to protect classified information pursuant to all applicable laws and to use Government information technology systems in accordance with agency procedures so that the integrity of such systems is not compromised.

(ii) Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites, or other electronic or non-electronic media) do not alter the documents' classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by Federal employees and contractors, until it is declassified by an appropriate U.S. Government authority. Executive Order 13526, Classified National Security Information (December 29, 2009), Section 1.1.(c) states, "Classified Information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information." Although the Department has taken steps to prevent access to publicly disclosed classified materials from Departmental computers, it is important to understand our continuing duties and responsibilities in this regard.

(iii) Contractors (which include all employees of the contractor, as well as subcontractors and its employees performing work for the contractor) are reminded of the following obligations with respect to the treatment of classified information and the use of unclassified government information technology systems:

(iv)The contractor shall not, while using unclassified Government computers or other devices (such as phones or tablets) access documents that are marked classified (including classified documents made publicly available by a third party), as doing so risks that material still classified will be placed onto unclassified systems. This requirement does not restrict contractor access to unclassified, publicly available news reports (and other unclassified material) that may in turn discuss classified material, as distinguished from access to underlying documents that themselves are marked classified (including if the underlying classified documents are available on public web sites or otherwise in the public domain).

(v) For contracts that require access to classified information, the contractor is responsible for obtaining the required national security clearance through the Department of the Defense National Industrial Security Program Operating Manual (NISPOM). Any classified contracts will be coordinated through the Reclamation Chief Security Officer, or for IT requirements, the Bureau Chief Information Security Officer. No contractor shall access classified information unless proper clearances have been obtained and transmitted to Reclamation. For further information, refer to 443 DM 1 or DOD NISPOM 5220.22-M dated February 28, 2006 (incorporating change 2 dated May 18, 2016). \

(vi) Classified information shall not be removed from official premises.

(vii) Classified information shall not be disclosed without proper authorization.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (Jan 2020)

(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 2019) (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:

[_] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Oct 2015) (41 U.S.C. 3509)

[_] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2018) (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. (Oct 2015) (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)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)(15 U.S.C. 657a).

[_](ii) Alternate I (Nov 2011) of 52.219-3.

[_] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014)(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[_] (ii)…