Sol_140R2021Q0032.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

CODE 16. ADMINISTERED BYCODE

X

X

X

562910

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/28/2021 1500 PD

04/05/2021

916-978-5445Sarah Kibathi (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R2021Q0032

5. SOLICITATION NUMBER

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

1 47 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

2800 Cottage Way, Room E-1815

TELEPHONE NO.

17a. CONTRACTOR/

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

$22.00

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.

PLEASE DO NOT USE THIS FORM TO SUBMIT

QUOTES/PRICING

PLEASE SEE THE FOLLOWING COMBINED

SYNOPSIS/SOLICITATION

PLEASE DIRECT ALL QUESTIONS TO SARAH KIBATHI AT

SKIBATHI@USBR.GOV

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Sarah Kibathi

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

47 2 of

Combined Synopsis/Solicitation 140R2021Q0032

BUREAU OF RECLAMATION, INTERIOR REGION 10

SACRAMENTO, CALIFORNIA

Indefinite-Delivery Indefinite-Quantity (IDIQ) for Lead Paint Removal

For Northern California Area Office

16349 Shasta Dam Blvd, Shasta Lake, CA 96019

Contracting Office:

Bureau of Reclamation

CGB-3800

Acquisitions and Services Division

Supply and Services Branch Sacramento, CA 95825

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR part 13.5 and additional information included in this notice. The Bureau of Reclamation intends to award a Firm Fixed Price Indefinite-Quantity Indefinite-Delivery Contract in response to this solicitation with a five-year ordering period. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

GENERAL INFORMATION

RFQ Number: 140R2021Q0032

Request for Quotation (RFQ) Request for Proposal (RFP) Invitation for Bid (IFB)

North American Industry Classification Code (NAICS): 562910 Size Standard: $22M

QUOTE DUE DATE, DELIVERY AND CONTACT INFORMATION

Quote Due Date:

Quote Submission:

April 28, 2021 3:00 PM Pacific Time By email to skibathi@usbr.gov

Contact Information: Sarah Kibathi Email: skibathi@usbr.gov mailto:skibathi@usbr.gov

The contract type is an Indefinite Delivery, Indefinite Quantity with a five (5) year term commencing upon contract award.

The Contractor shall furnish the services identified in this specification, in accordance with the terms and conditions contained in the contract.

1. PRICE SCHEDULE

(a) Quotes will be considered for award on the following price schedule, but no quote will be considered for award on only a part of the price schedule.

(b) Quotes are subject to the terms and conditions of this solicitation.

(c) Quantities in the price schedule are estimated quantities for comparison of quotes and planning estimates only and do not imply a guaranteed quantity. Complete unit cost section in pricing schedules including lines with estimated quantity of zero.

(d) Minimum contract amount guarantee

Per FAR Clause 52.216-22(b), the minimum guarantee amount for this award is $10,000.00 for the entire duration of the contract. Once the minimum guarantee is met there is no further guaranteed minimum (e.g. if the guaranteed minimum is met during the first year of the contract, there is no guarantee for the remainder of the contract period).

(e) Maximum contract value

Per FAR Clause 52.216-22(b), the total contract value will not exceed $250,000.00 for all task orders placed.

(f) The fully burdened rates shall include all direct and indirect costs: salary, taxes, benefits, retirement, overhead, general/administrative expenses, routine supplies, and any other applicable costs including profit. The routine costs of doing business (such as computers/printers, photocopying, phone calls, consumable office supplies, postage/mailing, equipment, and other general administrative costs) shall be included in the loaded hourly rates and NOT shown separately on the TO price proposals.

CLIN DESCRIPTION: The contractor shall provide all necessary tools, materials, equipment, labor, travel, transportation, facilities and per diem to perform lead-based paint removal from various metal tools, equipment and

ESTIMATED

QUANTITY

(for evaluation purposes only)

UNIT

OF

ISSUE

UNIT

PRICE/FULLY

LOADED-

BURDENED

RATE

TOTAL PRICE

(Estimated Quantity x

Unit Price/Fully Loaded Rate)

PRICE SCHEDULE

mechanical parts in accordance with the attached performance work statement.

YEAR ONE

00010 Removal of Lead Paint

00010A Simple Surface Items 465 Sqft $ $

00010B Convoluted Surface Items

72 Sqft $ $

00010C Multiple Surface Items 120 Sqft $ $

00020 Primer Application

00020A Prepare surfaces and apply primer - simple surface items

465 Sqft $ $

00020B Prepare surfaces and apply primer – convoluted surface items

72 Sqft $ $

00020C Prepare surfaces and apply primer – multiple surface items

120 Sqft $ $

YEAR ONE TOTAL $

YEAR TWO

00030 Removal of Lead Paint

00030A Simple Surface Items 465 Sqft $ $

00030B Convoluted Surface Items

72 Sqft $ $

00030C Multiple Surface Items 120 Sqft $ $

00040 Primer Application

00040A Prepare surfaces and apply primer – simple surface items

465 Sqft $ $

00040B Prepare surfaces and apply primer – convoluted surface items

72 Sqft $ $

00040C Prepare surfaces and apply primer – multiple surface items

120 Sqft $ $

YEAR TWO TOTAL $

YEAR THREE

00050 Removal of Lead Paint

00050A Simple Surface Items 465 Sqft $ $

00050B Convoluted Surface Items

72 Sqft $ $

00050C Multiple Surface Items 120 Sqft $ $

00060 Primer Application

00060A Prepare surfaces and apply primer – simple surface items

465 Sqft $ $

00060B Prepare surfaces and apply primer – convoluted surface items

72 Sqft $ $

00060C Prepare surfaces and apply primer – multiple surface items

120 Sqft $ $

YEAR THREE

TOTAL

YEAR FOUR

00070 Removal of Lead Paint

00070A Simple Surface Items 465 Sqft $ $

00070B Convoluted Surface Items

72 Sqft $ $

00070C Multiple Surface Items 120 Sqft $ $

00080 Primer Application

00080A Prepare surfaces and apply primer - simple surface items

465 Sqft $ $

00080B Prepare surfaces and apply primer – convoluted surface items

72 Sqft $ $

00080C Prepare surfaces and apply primer – multiple surface items

120 Sqft $ $

YEAR FOUR TOTAL $

YEAR FIVE

00090 Removal of Lead Paint

00090A Simple Surface Items 465 Sqft $ $

00090B Convoluted Surface Items

72 Sqft $ $

00090C Multiple Surface Items 165 Sqft $ $

00100 Primer Application

00100A Prepare surfaces and apply primer – simple surface items

465 Sqft $ $

00100B Prepare surfaces and apply primer – convoluted surface items

72 Sqft $ $

00100C Prepare surfaces and apply primer – multiple surface items

165 Sqft $ $

YEAR FIVE TOTAL $

GRAND TOTAL $

Quotes shall be valid for 60 days from the due date.

Vendor’s Business Information:

Business Name: _______________________________

Agency Point of Contact: _______________________________

DUNS Number/Cage Code: ______________________

Tax ID Number: _______________________________

Please see further instructions for quote submission under Provision 52.212-1 Addendum and 52.212-2.

2. PERFORMANCE PERIOD

Base Contract:

Performance period will be a five (5) year term commencing upon contract award. The period of performance for this IDIQ is expected to begin on 5/10/2021 but will be finalized upon award.

Task Order Performance Periods:

Each individual task order will specify a performance period for the work covered under that task order. Task orders may be issued under this contract until the final day of the contract term. Task orders not completed by the time the final contract term has expired will continue until completion as if the contract term is still active. The task order may not be modified to add work not within the original scope of the task order during the period.

3. TASK ORDER ISSUANCE PROCEDURES

(a) General

(1) Work under this contract will be ordered by individual Task Orders issued to the Contractor by any Interior Region 10 California-Great Basin (CGB) Contracting Officer having the appropriate warrant authority. This IDIQ may be used only by the Bureau of Reclamation, Interior Region 10 California Great Basin. Only Federally Warranted Contracting Officers assigned to the Interior Region 10 California-Great Basin, are authorized to solicit and award task orders against this IDIQ.

(2) The Government will not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by a California-Great Basin Contracting Officer having the appropriate warrant authority.

(3) Task Orders will be firm fixed-priced for the clearly defined items.

(4) Task Orders may be modified by the Contracting Officer. Modifications to Task Orders will be issued on

Optional Form (OF) 347 and cite the Task Order Number. Any additional work being done without a modification approved by a contracting officer (prior to work performed) will not be reimbursed by the Government.

(b) Task Order Process

(1) The Contracting Office will issue a Task Order to the contractor with a firm-fixed price dollar value. The task order will include a specification that explains which pieces are being sent for lead paint removal.

(2) Government shall deliver the pieces to the contractor’s facility where the lead paint removal will be completed.

(3) Contractor performs the firm fixed tasks as prescribed in the specification for the specific pieces.

(4) Government will pick up the ‘cleaned’ pieces.

(5) Invoice is processed and paid.

(6) Closeout the task order.

(c) Administration

The contracting officer responsible for overall administration of this contract

Bureau of Reclamation, Interior Region 10 California Great Basin ATTN: Sarah Kibathi 2800 Cottage Way Sacramento, CA 95825

Phone 916-978-5445 Email: skibathi@usbr.gov

Signatory contracting officer on each task order is responsible for the overall administration of the task order.

4. TASK ORDER OMBUDSMAN

In accordance with FAR 16.505(b)(6), the designated task order contract Ombudsman for the Bureau of Reclamation is the Competition Advocate, Ms. Diana M. Terrell. The task order contract Ombudsman is responsible for the review of complaints to ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures set forth herein. Ms. Terrell can be contacted at:

U.S. Bureau of Reclamation Acquisition and Assistance Management Division 84-27820 PO Box 25007 Denver Federal Center Denver, CO 80225-0007

PERFORMANCE WORK STATEMENT

LEAD PAINT REMOVAL

March 2021

1.0 Background

The United States Bureau of Reclamation (USBR), Northern California Area Office (NCAO) has an indefinite delivery, indefinite quantity requirement for a contractor to remove lead-based paint from metal tools, equipment and mechanical parts. This contract encompasses removal of paint from metal objects delivered to the Contractor’s location by the government.

2.0 Scope

The Contractor shall furnish all personnel, management, materials, supplies, equipment, tools and any other items or services necessary to safely remove the lead paint from all objects without harming the substrate metals. Paint shall be completely removed such that no visible evidence of paint remains. All work shall be completed at the contractor’s facility.

3.0 Type of Contract

The Government intends to award a Firm Fixed Price Indefinite-Delivery, Indefinite-Quantity contract.

4.0 Period of Performance

The period of performance shall be for five (5) years from date of award.

5.0 Place of Performance

The work to be performed under this contract will be performed at the Contractor’s facility. No work under this contract will be performed by the contractor at any Reclamation facility.

5.1 Transportation of objects

5.1.1 Transportation shall be coordinated by communication with the Contracting Officer’s Representative (COR). The contractor shall be prepared to unload (or load) the delivery truck upon arrival without delay.

5.1.2 Delivery of objects. The materials to be worked on will be delivered and retrieved by USBR delivery truck. It is expected that the majority will be palletized for delivery. However, larger parts may be delivered individually. It is anticipated that larger parts may reach as large as 4.5 Tons.

5.1.3 Moving of objects. The contractor shall have equipment on site for removal of the materials from the delivery truck and return to a delivery truck following completion of the work.

5.1.4 Return of parts. The contractor shall re-palletize and secure parts prior to loading on the delivery truck.

6.0 Contractor Qualifications

6.1 Contractor shall maintain a valid state business license.

6.2 Qualified contractors shall have staff possessing a California Lead Abatement Supervisor Certificate and California Lead Abatement Worker Certificate.

7.0 Government-Furnished Property

Services: The Government will provide transportation of objects requiring paint removal to the Contractor’s location and for returning them to the Government facility of origin.

8.0 Performance Objectives

8.1 Receive parts, tools and or equipment for the purpose of removing paint containing lead.

8.2 Remove all paint from parts, tools and or equipment in a manner that does not damage, deform or permanently alter the part, tool, or equipment.

8.3 Primer Coating. The contractor shall provide an epoxy prime paint base coat for each treated surface prior to preparing the items for return transportation.

8.4 Repackage and make available all parts, tools and or equipment for return to government facilities.

8.5 Machined surfaces shall not be marred, scratched, pitted or otherwise damaged during the paint removal process.

8.6 Any rubber seals or non-metallic parts attached to the delivered materials are to be protected from damage during the paint removal process.

9.0 Tasks

9.1 Unload from delivery truck, receive, and inventory objects that have been delivered.

9.2 Remove all paint from delivered objects.

9.3 Prior to applying primer to any surface, the contractor shall provide photographic record of the work performed thus far to the COR via method of the COR's choosing (to be determined at task order level). Contractor shall obtain written approval from the COR prior to proceeding with work.

9.4 Apply primer to all treated surfaces.

9.5 Repackage, secure, and load objects on delivery truck.

Each task order shall include a count and brief description of items and an approximated area (square feet) of paint to be removed.

Items fall into three general categories:

1. Simple surface items such as deck plates, hand rails, stairs, connectors, etc. Most tools would also fall into this category.

2. Convoluted surface items such as valves, machines, engines, motors, etc.

3. Multiple surface items. These items will have surfaces that may need special handling to protect during the paint removal process. These would typically be parts of more complex equipment that have milled surfaces for mating and bolting to a similar surface.

Examples of the three different categories are provided in Attachment 1.

10.0 Performance Assessment and Disincentives

10.1 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.

10.2 Contractor Self-Assessment. Following each evaluation period, the Contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted not later than 5 working days after the end of each evaluation period. The self-evaluation shall not exceed 1 page per PRS element. The self-assessment shall address both the strengths and weaknesses of the Contractor's performance during the evaluation period. Where deficiencies in performance are noted, the Contractor shall describe the actions planned or taken to correct such deficiencies and avoid their recurrence. The self-assessment itself will NOT be the basis for the Disincentives determination.

10.3 COR Recommendation. The COR will consider all evaluations and any other pertinent information, including Contractor self-assessment, and will prepare a report to the Contracting Officer with findings and recommendations. The Contractor will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual errors. The COR's draft recommendation is not subject to negotiation and the COR will not engage in discussions with the Contractor. Any errors identified by the Contractor will be addressed by the COR in its final report. The Contractor will be provided a copy of the final COR report at the same time the report is submitted to the Contracting Officer.

10.4 Payment Determination. The Contracting Officer may meet with the COR to discuss the COR's report. The Contracting Officer will make a final determination in writing as to the percentage of work successfully completed, and the resulting payment to be made. A copy of the determination will be provided to the Contractor no later than 45 calendar days after the end of the period being evaluated. All Contracting Officer decisions regarding Disincentives are unilateral decisions made solely at the discretion of the Government.

10.5 Deduction. Notwithstanding any other clause of this contract, deduction of the Disincentive will be made within the later of 60 days after the end of the evaluation period or 30 days after receipt of an approved invoice.

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

The absence of a QASP for any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract in determining the quality of the Contractor performance.

11.0 Attachments

Attachment 1 – Example pictures of the three different item categories

PERFORMANCE REQUIREMENTS SUMMARY AND QUALITY ASSURANCE

SURVIELLANCE PLAN (QASP)

Performance Requirement Summary (PRS)

Acceptable Quality Level Method of Surveillance

Complete removal of paint from delivered or specified objects IAW

9.0 Tasks.

Completeness and timeliness of plan.

(a) Timeliness:

Recommendations are provided in a timely manner and are submitted by the date required 98% of the time.

(b) Quality: Complete removal of lead paint and collaboration during status and progress meetings results in meaningful reviews and reports.

COR inspection of completed work approving removal of 100% of lead paint from various items.

12.0 Deliverables

Required Submittal Number

Submittal Due # of set to COR

1 Copies of employee Lead Abatement Supervisor and

Worker Certificates

Prior to contract award.

Attachment 1 – Example pictures of the three different item categories

SIMPLE PARTS:

Deck Plates

Rails

Pipes and deck plate

Deck

Deck Plates #2

Stairway

Plate Supports

MULTI-SURFACE PART:

CONVOLUTED PART:

END OF PERFORMANCE WORK STATEMENT

COMMERCIAL CLAUSES

1. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

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):

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

The clauses in the table below are incorporated by reference.

(End of clause)

2. FAR 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of contract award through date of contract completion.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

Clauses Title Date 52.203-3 Gratuities Apr 1984

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

Apr 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011

52.204-13 System for Award Management Maintenance Oct 2018 52.211-16 Variation in Quantity Apr 1984 52.212-4 Contract Terms and Conditions—Commercial Items Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013

52.242-13 Bankruptcy Jul 1995

52.242-15 Stop – Work Order Aug 1989 52.245-1 Government Property Jan 2017 52.245-9 Use and Charges Apr 2012 52.246-2 Inspection of Supplies – Fixed Price Aug 1996

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

3. FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $100,000.00;

(2) Any order for a combination of items in excess of $100,000.00; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

4. FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up https://www.acquisition.gov/far/52.216-21#FAR_52_216_21 to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the contract completion date.

5. FAR 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 10 days prior to contract expiration.

(End of Clause)

6. FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-01)

(a) Definition. Small business concern, as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs

(d)(1)(i) through (iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

7. 52.222-99 COMBATING RACE AND SEX STEREOTYPING (DEVIATION 20-09) (NOV 2020)

(a) Definitions. As used in this clause— “Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex. “Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 (see FAR 22.807) also apply to E.O. 13950 and the requirements of this clause.

(c) Compliance with E.O. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph (b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist or were created by a particular race to oppress another race.

(d) Notice. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice provided below advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. NOTICEE.O. 13950, Combating Race and Sex Stereotyping Employers Holding Federal Contracts or Subcontracts Contractors shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the following concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. For use in this notice— “Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex; and “Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex. Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under this notice should immediately contact the Office of Federal Contract Compliance Programs (OFCCP) Complaint Hotline to Combat Race and Sex Stereotyping at 202-343-2008 or via email at OFCCPComplaintHotline@dol.gov.

(End of notice)

(e) Noncompliance. In the event it is determined that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in E.O.

11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in E.O. 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that exceed $10,000 and are not exempted by the rules, regulations, or orders of the Secretary of Labor issued under E.O.

11246, as amended, so that these terms and conditions will be binding upon each subcontractor.

(2) The Contractor shall take such action with respect to any subcontract as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

8. DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE

PROCESSING PLATFORM (IPP) (APR 2013)

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

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

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

mailto:OFCCPComplaintHotline@dol.gov https://www.ipp.gov/

The Contractor shall submit an electronic copy of the IPP invoice to the attention of the Contracting Officer at supplyserviceinvoice@usbr.gov once the IPP invoice has been submitted.

Invoices must be submitted via IPP in order to be properly processed within the payment terms set forth under this contract.

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)

9. 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.

mailto:supplyserviceinvoice@usbr.gov mailto:ippgroup@bos.frb.org

(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)

10. 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)

11. DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

(DEC 2015)

a. 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.

b. 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.

c. 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.

d. 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/.

e. 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/.

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

2. 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.

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

4. 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”.

5. 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.

https://www.cpars.gov/ https://www.cpars.gov/

6. 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.-

f. The following guidelines apply concerning your use of the past performance evaluation:

1. 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.

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

3. 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.

g. 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.

h. 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.

(End of Local Clause)

12. WBR 1452.223-82 PROTECTING FEDERAL EMPLOYEES AND THE PUBLIC FROM EXPOSURE TO

TOBACCO SMOKE IN THE FEDERAL WORKPLACE -- BUREAU OF RECLAMATION (OCT 1998)

(a) In performing work under this contract, the contractor shall comply with the requirements of Executive Order 13058, dated August 9, 1997, which prohibits the smoking of tobacco products in all interior space owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts.

(b) This restriction does not apply in designated smoking areas that are enclosed and exhausted directly to the outside and away from air intake ducts and are maintained under negative pressure (with respect to surrounding spaces) sufficient to contain tobacco smoke within the designated area.

(c) Smoking may also be restricted at doorways and in courtyards under executive branch control in order to protect workers and visitors from environmental tobacco smoke.

13. WBR 1452.237-80 SECURITY REQUIRMENTS – BUREAU OF RECLAMATION (FEB 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.