Sol_140R2021Q0087.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

541330

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/24/2021 1200 PS

06/14/2021

916-978-5426Nandini Johnson (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R2021Q0087

5. SOLICITATION NUMBER

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

1 39 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

$16.50

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 DISREGARD THE FIRST TWO PAGES OF THIS

DOCUMENT. THE COMBINED SYNOPSIS/SOLICIATION

BEGINS ON PAGE 3.

Period of Performance: 07/15/2021 to 05/01/2023

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED

Nandini Johnson

. 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

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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:

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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

39 2 of

Solicitation Number: COMBINED SYNOPSIS/SOLICITATION Bureau of Reclamation 140R2021Q0087 Interior Region 10

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR parts 13 and additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation number 140R2021Q0087 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05, as of March 10, 2021.

This solicitation is being set aside for 100% Small Business.

The associated NAICS code is 541330 and the small business size standard is $15 million.

The provision at 52.212-1, Instructions to Offerors-Commercial, as well as the Addendum to 52.212-1, applies to this acquisition.

The provision at 52.212-2, Evaluation-Commercial Items applies to this acquisition.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with their offer.

The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.

clause.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition.

As included in 52.204-7 System for Award Management, all contractors interested in providing these services must have a current registration in the System for Award Management (www.sam.gov) prior to submitting a quote.

Quotes are due by 12:00 PM PST on Thursday, June 24, 2021 and shall be submitted via email to Nandini C. Johnson at ncjohnson@usbr.gov

Quotes shall be valid for 90 days from the quote due date.

http://www.sam.gov/ mailto:ncjohnson@usbr.gov

Business Name:

SAM registration expiration date:

Authorized Agent’s Name (printed):

Authorized Agent’s Signature/Date:

Business Size (select one): Small Large DUNS Number:

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

Documents necessary for quote submission are as follows:

1. Completed and signed Page 2 of this document

2. Fill in information required by FAR 52.212-3 Representations and Certifications.

3. Provide all information required by ADDENDUM TO 52.212-1 –

INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS. Any offers that do not include all information will not be considered.

4. Do not include any additional information in this document.

SECTION B –QUOTE/PRICING SCHEDULE

CLIN DESCRIPTION UNIT QTY AMOUNT

010 Task 1: SWPPP Management LS 1 $ 020 Task 2: Monitoring and Reporting Program LS 1 $ 030 Task 3: QSP Alternate Training for

Recordkeeping and Inspections

LS 1 $

040 Task 4: Notice of Termination LS 1 $

TOTAL $

PERFORMANCE WORK STATEMENT

STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

IMPLEMENTATION FOR THE NORTHERN CALIFORNIA TRENCHES

June 10, 2021

1.0 General

This is a non-personal services contract to provide Stormwater Pollution Prevention Plan (SWPPP) implementation, management, monitoring and reporting related to the Construction General Permit (CGP) for trench excavations and its associated ground disturbance in several places in Shasta and Tehama Counties for the California Great Basin Region, Bureau of Reclamation (Reclamation). The trench excavations will be conducted in 2 Groups: Group 1 during Summer and Fall 2021 and Group 2 during Spring and Summer 2022 (Figure 1).

Revegetation is expected to be complete by May 2023. A project description is provided as Attachment 1. The Contractor will serve or assign a Certified Qualified Stormwater Practitioner (QSP) for all tasks under this contract for these Groups 1 and 2.

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

Figure 1. Tentative Project Schedule for Groups 1 and 2.

2.0 Period of Performance

The services will start on 7/15/2021 and shall be completed by 5/1/2023.

3.0 Hours of Operation

Normal business hours are between 8:00 a.m. to 5:00 p.m. No work shall be performed on Federal holidays or weekends.

O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S Group 1 Trenching Group 2 Trenching NOT Completion

7/21 to 12/8

FY2021 FY2022 FY2023

Q4 Q1 Q2 Q3 Q4Q3Q1

FY2021

Q2 Q3 Q4 Q1 Q2

4.0 Government Furnished Property, Equipment, and Services

The government will provide a project description, site maps and photos, area measurements, and Point of Contacts (POC) needed for the SWPPP implementation. Reclamation will perform all excavation, backfill, purchase and installation of all BMP’s required by the SWPPP.

Reclamation will provide a developed SWPPP to the Contractor. The government will not provide any property, equipment, or other services to the Contractor beyond the SWPPP- and CGP-related work. Please see Attachment 1.

5.0 Contractor Furnished Items and Services

The Contractor shall provide all equipment, supplies, management, supervision, personnel, and transportation except as specified herein as government-furnished, necessary to assure that all services are in accordance with the contract and all applicable laws and regulations. The Contractor shall ensure all work meets performance standards specified in this Performance Work Statement (PWS) as indicated from the schedule of the SWPPP and all defined deliverables in this PWS.

6.0 Tasks

Task 1: SWPPP Management

Under this task, Contractor and its assigned Certified QSP will manage and implement the SWPPP and SWPPP-required best management practices (BMPs) related to the Group 1 and Group 2 trench excavations in northern California as described in Attachment 1 up to the notice of termination (NOT). The Contractor will report to all involved Reclamation crew who are part of the SWPPP team. The SWPPP team is composed of the Reclamation Project Lead, QSP alternate(s), the Reclamation legally responsible person (LRP), and other pertinent staff that would be assigned by Reclamation together with the Contractor and its assigned Certified QSP.

The Reclamation LRP is familiar with assigning data submitters and assigned signatories in the SMARTS system and the certification process for report submittals with guidance and support of Contractor and/or Certified QSP. The Reclamation LRP will certify the annual reports: by October 1st of each reporting year, and in addition submit the NOT.

• Contractor and its assigned QSP will conduct biweekly project communications with the SWPPP team as necessary to ensure SWPPP compliance for the project.

• The Contractor and its assigned QSP will also submit written monthly and annual reports regarding updates, status, and accomplishments related to the SWPPP implementation to the SWPPP team, and to the SMARTS Tracking System whenever required.

Task 1 Deliverables:

• Technical approach including the schedule within 45 days of the start of the project.

• Biweekly written communication to the SWPPP team that include report for each storm event inspection, samples taken, processed and analyzed from storm and discharge events, and BMP maintenance and/or repairs.

• Monthly status reports including report for all storm event inspections, samples taken, processed and analyzed from storm and discharge events, and BMPs maintenance and/or repairs.

• Two annual reports (2021 and 2022)to cover the duration of the project as per required by CGP.

• NOT by May of 2023.

Assumptions

• The excavation period will occur from approximately July 2021 to October 2022 (16 months) and their associated revegetation monitoring and inspection will be completed by May 1, 2023.

• The trenches will be opened for periods of approximately 6 weeks to three months between excavation and backfill.

• Project activities (trenching) will not produce any non‐visible pollutant.

Task 2: Monitoring and Reporting Program (MRP)

Contractor will implement the monitoring and reporting program (MRP) in accordance with the SWPPP and serve as the Certified QSP for the project. The MRP will be implemented at the appropriate level to protect water quality and monitor storm water and non‐storm water discharges during the project and up to the completion of revegetation activities in accordance to the SWPPP and SWPPP-required BMPs. Copy of all reports will be provided monthly to the SWPPP team. Revegetation monitoring will begin after backfilling, as per SWPPP.

• Predicted weather will be tracked by Contractor using National Oceanic and Atmospheric Administration (NOAA) National Weather Service internet website http://www.wrh.noaa.gov.

• Prior to anticipated storm events, Contractor will conduct pre‐storm inspections to verify that BMPs are properly installed and maintained. Inspections for pre‐storm events will be conducted within 48 hours prior to a NOAA predicted precipitation event of 50% probability or greater. All inspections will be invoiced at the approved hourly rate awarded under the contract.

• Contractor will conduct during storm event inspections once per 24‐hour period during extended storm events to evaluate BMP as defined in the SWPPP efficiency and collect stormwater effluent samples as needed. All inspections will be invoiced at the approved hourly rate awarded under the contract.

http://www.wrh.noaa.gov/

• Post storm events inspections will be conducted 48 hours following qualifying storm events to collect stormwater effluent samples as needed and to document whether BMPs have functioned adequately. All inspections will be invoiced at the approved hourly rate awarded under the contract.

• Contractor will supply the necessary sampling meters and perform all necessary rain and/or discharge event sampling and analysis as required by the SWPPP.

• Assuming ten (10) qualifying rain/storm events for Group 1 and 2 excavations, Contractor shall enter and upload sampling data from all qualifying rain events to ad‐hoc reports on SMARTS.

• QSP to perform inspection and maintenance on BMP’s, as necessary during the periods when Reclamation is not on site with proper documentation of any security/fencing inspections performed, including time spent on the task, invoiced at the approved hourly rate awarded under the contract.

• The QSP inspection shall be limited to the inspection frequency required by the SWPPP, assumed to be weekly plus rain events, and any response/repair of BMP’s that those inspections might require. It is expected that any repair to BMP’s would not exceed 2 hours per week/per site.

• Contractor shall submit copies of the SWPPP inspection reports showing photos of the BMP deficiency and repair to the SWPPP team.

• Additionally, there are two sites in Group 1 that are close in proximity to residential areas. It is assumed that temporary chain link fencing will be installed around the trench as a safety measure. While not part of the SWPPP, this is an item that will need to be visually inspected twice per week to ensure the site is secure and the fence panels have not been tampered. For these two sites, Contractor may invoice under this contract at the hourly rate for travel to and from site plus time spent onsite, up to 20 hours/week/site or until the temporary chain link fencing is removed and the trenches are backfilled.

• Certified QSP shall coordinate closely with the SWPPP team and QSP alternates related to all rain or non-rain events.

• Revegetation monitoring will continue up to 70% vegetation recovery for Group 1 and Group 2, which are expected to be completed by 5/1/23.

Task 2 Deliverables:

• Documentation and report for performed pre-storm, during storm, and post-storm site inspections and sampling analysis for all rain or qualifying storm events during the project.

• Maintenance and/or repair of BMPs

• Documentation of any performed BMP maintenance and/or repair.

• Documentation of any security/fencing inspections performed.

• Documentation of 70% vegetation recovery for Group 1 and Group 2 sites.

• There will be several weeks when Reclamation crews and QSP alternates will not be onsite and will be unable to monitor and inspect project sites and/or respond to a BMP maintenance request by the QSP.

• Maintenance of BMPs is expected to be minor and limited to repairs of silt fence, re-staking of straw waddles, and ensuring the temporary chain link and/or plastic fence panels are secure.

• Additional BMP supplies will be left at each site or with the Contractor to be utilized under this work contract.

• BMP maintenance outside the scope of this contract, should they be required, shall be the responsibility of Reclamation.

• An estimated total 10 qualifying storm events will occur requiring pre, during, and post storm monitoring. Invoicing will be based on actual rain event inspections.

• A maximum of 40 days of rain (for the assumed 10 qualifying storm events) will occur during working hours that produce effluent that will be sampled for turbidity, and pH if necessary, by the Certified QSP.

• Discharge sampling shall be conducted at locations that will not change appreciably once stormwater sampling is initiated.

• No unauthorized discharges of nuisance water to waters of the state will occur.

• The inspections of revegetation of the disturbed area up to 70% of pre‐construction conditions will satisfy post construction requirements, be completed by May 2023, and be eligible for Notice of Termination.

Task 3: QSP Alternate Training for Recordkeeping and Inspections

Contractor will provide onsite training of Reclamation’s designated QSP alternate(s) to go over elements of the CGP and project SWPPP, recordkeeping requirements, minimum BMP and their inspection and maintenance. After the training, the QSP alternates will be able to document (fill-up form and take pictures) visual inspections of excavation-related condition and changes from rain/storm events and conduct weekly BMP inspection and maintenance while on site. The Reclamation QSP alternate(s) while on site will notify the Contractor and the Certified QSP when discharge is observed. The Reclamation QSP alternate(s) will maintain SWPPP and SWPPP-related documentation on site. The Reclamation QSP alternate(s) will retrieve the SWPPP and SWPPP-related documentations from the Contractor and Certified QSP when work starts and resumes at the project sites. At least one (1) QSP alternate will be assigned per trench.

• Training for all QSP alternates will be provided by the Certified QSP at least once during Group 1 excavations and additional 1-3 more trainings for succeeding trenches and when necessary for Group 2.

• The Contractor and Certified QSP will coordinate closely with the Reclamation QSP alternate(s) about the project excavation schedule, changes on schedule, presence or absence of QSP alternates on site, and all relevant matters related to monitoring and inspection activities.

• Certified QSP shall provide guidance and answers to QSP alternates whenever questions and concerns arise throughout the project duration.

• The Contractor and Certified QSP will be entrusted with the SWPPP and SWPPP-related documentations whenever the QSP alternates leave the project sites.

Task 3 Deliverables:

• On-site training(s) on elements of CGP, SWPPP, SWPPP-related monitoring and documentation, and essential BMPs at the beginning of Group 1 and when requested.

• Forms required for the visual inspection documentations for the QSP alternates.

• Guidance and answers to QSP alternates whenever questions and concerns arise on-site throughout the project duration.

Assumptions

• The Reclamation QSP alternate training will occur once at the beginning of Group 1.

Additional Reclamation QSP alternate trainings will be requested when necessary.

• Reclamation QSP alternate(s) will only perform QSP alternate duties when on-site ~ 16 weeks.

Task 4: Notice of Termination (NOT)

Contractor will review and submit final stabilization photos of each trench that meet CGP final stabilization requirements as per SWPPP and complete the NOT on SMARTS. Contractor will assess if ground surface for each site is recovered as per SWPPP requirement.

• Contractor will conduct post‐construction BMP and final stabilization inspections as needed.

Task 4 Deliverables

• CGP final stabilization documentation

• NOT filed in SMARTS.

• The NOT will be accepted by the State Water Resource Control Board on the first attempt.

7.0 Contract Changes

Additional services required by changes in mission assignments must be documented by a written contract modification. If the contractor receives a request from Reclamation personnel directing or requesting work that the Contractor believes is not within the terms of the PWS or the contract, (e.g. rain events exceeding ten, Reclamation QSP alternate is not available for partial Task 2 duties) then the Contractor must notify the Contracting Officer of the request.

The only person that has the authority to modify the terms of the Contract or request work for which compensation will be provided is a Reclamation Contracting Officer.

8.0 Quality Assurance Surveillance Plan

PERFORMANCE REQUIREMENTS SUMMARY AND

QUALITY ASSURANCE SURVIELLANCE PLAN (QASP)

Performance Requirement Summary (PRS)

Acceptable Quality Level

Method of Surveillance

Deduction

Tasks 1- SWPPP implementation and management

Timeliness:

Implementation of schedule are undertaken in a timely manner and reports are submitted by the date required 98% of the time.

Quality: Accurate reporting and communication during Reclamation meetings results in meaningful reviews and actions.

Comparison of the submittal date to the need date.

80% or periodic Contracting Officer Representative (COR) surveillance.

Contractor does not meet 98% timeliness threshold in “Acceptable Quality Level”

2% deduction to the months invoice.

Task 2:

Monitoring and Reporting Program (MRP)

Timeliness: MRP, inspections, and sampling; including BMP maintenance and repair are done in a timely manner (e.g. within 48 hours of each rain/storm events). inspect Quality: MRP, inspections, sampling and analysis activities are properly documented and reported to the SWPPP team and to the SMARTS

Comparison of the submittal date to the need date.

80% or periodic COR surveillance.

Contractor does not meet 98% timeliness threshold in “Acceptable Quality Level”

2% deduction to the months invoice.

Tracking System.

Accurate documentation and reporting of the inspection, maintenance and/or repair of BMPs.

Task 3: QSP Alternate Training(s) for Recordkeeping and Inspections

Timeliness: First training is undertaken onsite on the first week of the excavation, and when needed afterwards. Guidance and technical support to QSP alternates within 48 hours from written (email/chat) inquiry and call.

Quality: All QSP alternates are able to properly document visual inspections and received proper technical support.

Comparison of the scheduled date to the need date.

80% or periodic COR surveillance.

SECTION C –COMMERCIAL CLAUSES

FAR 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/

The clauses below are hereby incorporated by reference.

Clauses Title Date 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-13 System for Award Management Maintenance Oct 2018 52.223-5 Pollution Prevention and Right-to-Know Information May 2011 52.227-14 Rights in Data – General May 2014 52.228-5 Insurance-Work on a Government Installation Jan 1997 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984 52.242-13 Bankruptcy Jul 1995 52.242-15 Stop-Work Order Aug 1989

(End of clause)

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

http://www.acquisition.gov/far/ http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

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 30 days of contract expiration date.

FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to— https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Orders set aside for small business concerns or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F); and

(4) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(c) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(d) The Contractor shall comply with the limitations on subcontracting as follows: (1)For contracts, in accordance with paragraph (b)(1) and (2) of this clause— [Contracting Officer check as appropriate.] _ By the end of the base term of the contract and then by the end of each subsequent option period;

or _ By the end of the performance period for each order issued under the contract.

(2)For orders, in accordance with paragraphs (b)(3) and (4) of this clause, by the end of the performance period for the order.

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

The Contractor shall attach/upload an electronic copy of the invoice to the IPP invoice submittal. The Contractor shall also 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.

https://www.acquisition.gov/far/8.405-5#FAR_8_405_5 https://www.acquisition.gov/far/16.505#FAR_16_505 https://www.acquisition.gov/far/19.504#FAR_19_504 https://www.ipp.gov/ mailto:supplyserviceinvoice@usbr.gov

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) prior to the contract award date, but no more than 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 clause)

WBR 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: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 Local Clause)

WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVES AUTHORITITES 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…