Sol_140R2022Q0098.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

CODE 16. ADMINISTERED BYCODE

X

X

X

811310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/18/2022 1500 PD

08/04/2022

916-978-4302Steven Teves (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R2022Q0098

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

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

$8.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Northern California Area Office CO2 Cylinder Maintenance Services

PLEASE DO NOT USE THIS FORM TO SUBMIT

QUOTES/PRICING

PLEASE SEE THE FOLLOWING COMBINED

SYNOPSIS/SOLICITATION DOCUMENT

PLEASE DIRECT ALL QUESTIONS TO STEVEN TEVES AT

STEVES@USBR.GOV

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Steven Teves

. 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

140R2022Q0098 NCAO CO2 Cylinder Maintenance Services

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number 140R2022Q0098 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 (5/26/22).

GENERAL INFORMATION

RFQ Number: 140R2022Q0098

Request for Quotation

(RFQ)

Request for Proposal

(RFP)

Invitation for Bid

(IFB)

This acquisition is set-aside 100 percent Small Business concerns only. (Large businesses may not submit a quote.)

North American Industry Classification

Code (NAICS): 811310

Size

Standard: $11.0 M

The Government will award items based on comparative evaluation of: Technical

Capability, Past Performance, and Price.

Site Visit:

A formal site visit is not planned for this requirement.

Quote Due Date:

Quote

Submission:

August 18, 2022

3:00 p.m. PDT

By email to steves@usbr.gov

Contact

Information:

Steven Teves

Phone Number/Email: 916 978-4302 / steves@usbr.gov

Request for Information: All questions regarding this solicitation should be emailed to steves@usbr.gov no later than August 17, 2022 @ 1000 Pacific Time.

mailto:steves@usbr.gov

QUOTER INFORMATION:

Business Name: _______________________________

SAM Unique ID or Cage Code: ______________________

QUOTE PRICING SCHEDULE:

Base Year: 2022 - 2023

CLIN Description

Estimated

Quantity Unit Unit Price

Total Price

00010

CO2 Cylinders – Transportation, filling and hydrostatic testing

216 Cylinders

Option Year #1: 2023 - 2024

Subtotal

Quantity Unit Unit Price

Total Price

00020 On-Call Services

20 Cylinders

Option Year #2: 2024 - 2025

Quantity Unit Unit Price

00030 On-Call Services

Option Year #3: 2025 - 2026

Estimated

Quantity Unit Unit Price

00040 On-Call Services

Subtotal: $_____________

Grand Total: $________________

All unit prices submitted will be firm-fixed pricing throughout the duration of the contract.

If FAR 52.217-8 is exercised, the prices for the Option to Extend Service’s term will be calculated based on the prorated term and prices that are in effect at the time the option is exercised.

Quoters are required to submit a quote on all contract line-item numbers to be considered for an award. Quotes shall be valid for 60 days from the date quotes are due.

Refer to Provision 52.212-1 Addendum, Quote Submittal Instructions (page 40), for further instructions.

Documents necessary for quote submission are as follows:

1. Completed and signed quote pricing schedule

2. Technical Capability documentation (see evaluation criteria at 52.212-2, page 41)

Authorized Agent’s Signature/Date:_______________________________________________

Option Year #4: 2026 - 2027

Estimated

Quantity Unit Unit Price

Total

Price

00040 On-Call Services

PERFORMANCE WORK STATEMENT

1.0 BACKGROUND

The Bureau of Reclamation’s Northern California Area Office is responsible for Trinity Power

Plant, Lewiston Power Plant, J. F. Carr Power Plant, Whiskeytown Dam area, Spring Creek

Power Plant, Keswick Dam (Power Plant and Office Building), Shasta Maintenance Center, (Power Plant, and Dam), Buckhorn Dam, and the Weaverville Office. Shasta Dam is located 14 miles North of Redding, California. The other sites are scattered over a 50-mile radius of Shasta

Dam. All highways and roads to these sites are well traveled and in good condition.

2.0 SCOPE

The Contractor shall provide all labor, supervision, equipment, transportation, tools, and materials to perform services and certification of all CO2 systems’ cylinders. Such services shall generally include routine service of all CO2 Systems’ cylinders, including the repair, refilling, hydrostatic (hydro) testing, certification and stamping provided under this contract. These services shall be performed by an Inspector certified by the California Office of the State Fire

Marshal (SFM) and shall conform to applicable State of California, National Fire Protection

Association (NFPA), Federal Standards and Codes, and in accordance with this Performance

Work Statement.

3.0 TYPE OF CONTRACT

The Government will award a firm-fixed price service contract.

4.0 ESTIMATED PERIOD OF PERFORMANCE

The period of performance shall be for five (5) years (base year + four (4) option years). The option years will be exercised based on the performance of the contractor and the existing need for the services by the Government. The estimated period of performance is as follows:

Base Year: 08/26/2022-08/25/2023

Option Year 1: 08/26/2023-08/25/2024

Option Year 2: 08/26/2024-08/25/2025

Option Year 3: 08/26/2025-08/25/2026

Option Year 4: 08/26/2026-08/25/2027

5.0 ADMINISTRATIVE INFORMATION

5.1 RECOGNIZED HOLIDAYS:

The Contractor is not required to work on the following Federal Holidays:

New Year’s Day

Martin Luther King Jr.’s Birthday

President’s Day

Memorial Day

Independence Day

Juneteenth Day National Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Eve/Christmas Day

5.2 HOURS OF OPERATION

The contractor is responsible for conducting business between the hours of 7:30 a.m. and

4:00 p.m., Monday thru Friday except Federal Holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall have the capability for the uninterrupted performance of all tasks defined within this performance work statement (PWS) when the

Government facility is not closed for the above reasons.

5.3 PLACE OF PERFORMANCE

The following is the breakout of the service areas. The service areas include the surrounding areas that are under the Bureau of Reclamation’s control.

a) CO2 System Locations:

(1) Shasta Power Plant has an estimated 72 CO2 bottles, 75 lbs. each, which cover the following areas: Shasta units 1,2,3,4, and 5; Shasta spare rack; and Shasta Station

Service units 1 and 2.

(2) Keswick Power Plant has an estimated 35 CO2 bottles, 75 lbs. each, which cover the following areas: Keswick units 1,2,3, and Keswick spare rack.

(3) Spring Creek Power Plant has an estimated 38 CO2 bottles, 75 lbs. each, which cover the following areas: Spring Creek units 1 and 2.

(4) J.F. Carr Power Plant has an estimated 36 CO2 cylinders, 75 lbs. each, which cover the following areas: J.F. Carr units 1,2; and J.F. Carr spare rack.

(5) Trinity Power Plant has an estimated 35 CO2 bottles, 75 lbs. each, which cover the following areas: Trinity units 1,2; and Trinity spare rack.

5.4 SECURITY

It is the Contractor’s responsibility, through the COR, to obtain access to the buildings to be serviced under this contract. Daily visitor badges shall be issued by the Shasta Dam Security

Office at the beginning of a work session. Badges are assigned to the individual, not to the employer, and cannot be interchanged between employees. To preclude illegal entry to the facilities, official badge identification shall be attached to exterior upper left portion of outer garment and shall be displayed while within the confines of all NCAO facilities. All identification badges must be returned to the Security Office upon completion of the period specified for issue. The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractors’ use.

5.5 ESTIMATED QUANTITY LINE ITEMS; OTHER

All contract line-item numbers (CLINs) with quantities are estimated quantity CLINs. The quantities are estimated amounts and are not guaranteed amounts. The Contractor will only be paid for work actually performed. At no time will the Contractor exceed the estimated quantity on any estimated quantity CLIN. The Contractor will establish a tracking system of actual quantities against the contract’s estimated quantities for each estimated CLIN and will maintain the tracking system up to date throughout the life of the contract. When the actual quantity of any CLIN reaches 75% of the estimated quantity on any estimated quantity

CLIN, the Contractor will notify the COR in writing by e-mail within two calendar days.

Once the Government is notified that the actual quantity has reached 75% of the estimated quantity on any CLIN and if the Government determines that the estimated quantity needs to be increased, the Contractor will receive an official modification to the contract action signed by the Contracting Officer increasing the quantity and the amount obligated on the contract

BEFORE the contractor will proceed to work over the existing estimated quantity. The modification will establish the new estimated quantity that the contractor shall not exceed without another modification.

5.6 INTERRUPTION AND CHANGE OF SERVICES

It is expected that during the period of this contract, normal service may be interrupted or changed due to scheduled or unscheduled situations. These situations vary in duration and location and may result in reduced, increased or no service for the duration and location. The

Contractor shall adjust to these changing conditions.

5.7 INVOICES

The Contractor shall submit an itemized monthly invoice in accordance with FAR clause

52.212-04(g), Invoice, and local clause DOI-AAAP-0028, Electronic Invoicing and Payment

Requirements – Invoice Processing Platform (IPP). The Contractor shall invoice for units actually serviced and provide the service location(s) and each service rendered in accordance with the schedule of items.

5.9 CONTRACTOR MANAGEMENT

(a) Effectiveness: The Contractor shall manage the total work effort associated with the full service and certification of Generator CO2 systems cylinders required herein to assure fully adequate and timely completion of these services. Included in this function shall be a full range of management duties including, but not limited to, planning, scheduling, report preparation and quality control.

(b) Workforce: The Contractor shall maintain sufficient personnel with the skills, knowledge and training to complete all work within the time and quality standards specified by the contract.

(c) Contractor Personnel: The Contractor shall maintain satisfactory standards of conduct.

Promptly investigate complaints of poor performance. The Contractor and its employees shall become acquainted with and comply with all Government regulations as posted, or as requested by the COR. The Contractor shall immediately remove from the site any individual whose continued employment is deemed by the CO to be contrary to the public interest or inconsistent with the best interests of safety and security. Tank tops and shorts are unacceptable attire. Hardhats and steel-toed shoes are required to be worn at selected sites and will not be provided by the government agency.

5.10 LICENSES AND PERMITS

The Contractor shall obtain all necessary licenses and/or permits required to perform all work under the contract in accordance with FAR clause 52.212-4(q), Other Compliances. Any cost involved in obtaining licenses or permits shall be at the expense of the Contractor.

5.11 LEAST INTERFERENCE WITH GOVERNMENT BUSINESS

The Contractor shall schedule and arrange work to cause the least interference with the normal Government business and mission. In those cases where some interference may be unavoidable, the Contractor shall be responsible to make every effort to minimize the impact of the interference. This includes but is not limited to excessively loud equipment and products with strong odors.

6.0 DELIVERABLES

The Contractor shall submit the following deliverables:

(a) Personnel List: The Contractor shall submit to the COR within 10 working days after award, a listing of all the Contractor personnel associated with the contract.

(b) Service Reports: The Contractor shall submit within 5 working days of performing service, a services report that includes the following:

• The locations and dates of the services.

• The type of service for each unit (i.e. inspection, hydro, refill, etc.).

• The type of unit (CO2 cylinder).

• The quantity of each unit serviced.

• Any deficiencies or issues (i.e. out hydro, unserviceable, etc.).

7.0 GOVERNMENT-FURNISHED PROPERTY

The Government will provide or make available to the Contractor, without cost, certain

Government owned facilities, utilities, equipment, material, and services.

7.1 UTILITIES

The Government will provide at no cost to the Contractor, the utility services at existing outlets as may be required to perform the work of this contract. Information concerning the location of existing outlets may be obtained from the COR. These utilities will be provided from exiting outlets and collection points. The Contractor shall provide and maintain, at its expense, the necessary service lines from the existing Government outlets to the site of the work. The Contractor shall instruct employees in utilities conservation practices. The

Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment. The following utilities are available at the larger site, but may not be available at remote sites:

• Electricity

• Potable/Non-potable Water

• Compressed Air

• Sewage Service

7.2 TOOLS AND EQUIPMENT

In general, no equipment or special tools will be provided by the Government for the accomplishment of this contract. If, in the opinion of the Contracting Officer, the

Government’s best interest may be served by the provisions of Government equipment or tools, these shall be made available on a case-by-case basis.

7.3 MATERIALS AND SUPPLIES

In general, the Contractor shall be responsible for providing all materials and supplies required for the accomplishment of this contract. On occasion, the Government may provide new or used supplies or materials for the Contractor to utilize. These supplies and materials will be provided without cost to the Contractor. Materials and supplies provided by the

Contractor shall be of a quality which will adequately and economically service the purpose for which they are required and be of at least equal quality and capacity of that being repaired and/or replaced. The items supplied shall be standard products of manufacturers regularly engaged in the production of such supplies, parts or materials. If the quality of parts is not specified, it shall be of acceptable industrial grade and quality, equal to or better than the manufacture’s original and shall be compatible with existing systems. The Contracting

Officer retains the right to specify the kind and quality of all the above items. The COR or

Government Environmental Health and Safety professional shall review the Safety Data

Sheet (SDS) sheets submitted by the Contractor and approve the use of the hazardous materials before it is brought on to Bureau of Reclamation (BOR) property.

7.4 REFUSE AND DISPOSAL SERVICES

The Contractor can use BOR waste receptacles for incidental unregulated general waste. The

Contractor shall be responsible for larger item and regulated waste materials generated by their work. Debris shall be removed from the work site and taken to an authorized disposal site. The disposal of waste material shall be in accordance with all applicable Federal, State and local regulations, standards, codes, and laws. Also, the requirements contained in the

BOR’s Reclamation Safety and Health Standards, Section 11.7.18.2 (see attached), are applicable to clean up and disposal of waste materials. If there is a conflict between the requirements, the more stringent requirement shall prevail.

8.0 APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

National Fire Protection Association (NFPA-12); California Office of the State Fire Marshal

(SFM) guidance; and BOR’s Reclamation Safety and Health Standards, Section 10, Fire

Prevention & Protection (see attached).

9.0 OBJECTIVES

The Contractor shall provide all labor, equipment, transportation, and materials, to perform inspections, scheduled internal examinations, hydro testing, and refill, of CO2 systems cylinders throughout the Northern California Area Office facilities. Maintenance on said CO2 systems cylinders, shall be performed in full compliance with the maintenance requirements of the applicable State of California, National Fire Protection Association (NFPA), Federal Standard and Codes, and in accordance with this Performance Work Statement (PWS).

10.0 TASKS

The Contractor shall provide services, maintenance, and certification of suppression CO2 system cylinders. The Contractor shall notify the COR forty-eight (48) hours in advance of their intent to perform services under this contract and an agreed upon date will be arranged for the service. All services, maintenance, and certification shall be performed in full compliance with the maintenance requirements of the applicable State of California, National Fire Protection

Association (NFPA-12), Federal Standards and Codes, and in accordance with this Performance

Work Statement.

10.1 TASK 1 – SUPPRESSION CO2 SYSTEMS:

(a) The Contractor shall provide the service of transportation, filling and performing hydro testing and maintenance of the CO2 cylinders. Once cylinders have been picked up from the facility, the contractor shall have the cylinders ready and returned to the facility they were picked up from within 4 business days.

(b) In addition to the scheduled service, the Bureau may order "on-call" services to refill

CO2 cylinders in the event of an accidental discharge at any of the five NCAO power plants. Cylinders requiring such service, will be delivered by Government personnel to a centralized location within the power plant for ease of pick-up and delivery.

(c) Maintenance, internal examination, and hydrostatic testing services shall conform to

NFPA-10, NFPA-12, Federal and State of California Fire Marshal standards and codes to ensure CO2 cylinder(s) will operate safely and effectively and meet the required maintenance intervals. If the cylinder requires additional parts or repairs to make it functional, the Contractor shall stop work and inform the COR. The CO will make a determination to repair or replace the cylinder. The Contractor will not be compensated for performing any additional services without approval from the CO.

• Scheduled internal examinations and hydro testing of CO2 cylinders shall include labor and refill of medium.

11.0 PERFORMANCE REQUIREMENTS SUMMARY

Performance Requirement

Summary (PRS)

Acceptable Quality Level Means of Measurement

Task 1 Suppression CO2

Cylinders – Provide services indicated in Task 1 in accordance with the

Performance Work

Statement.

(a) Timeliness –

Completion of all services in accordance with schedule.

(b) Quality – All work is performed to industry standards.

100% Surveillance and

Inspection by the

Government.

*END OF PERFORMANCE WORK STATEMENT*

CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

(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.

(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 Federal Acquisition Regulation (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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 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.

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(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.

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(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 .

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(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 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.

https://www.acquisition.gov/far/part-32#FAR_32_608_2

(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.

(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.

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(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 .

(End of clause)

ADDENDUM TO 52.212-4

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

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

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

1452.201-70 AUTHORITIES AND DELEGATIONS - (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

2) Waive or agree to modification of the delivery schedule;

3) Make any final decision on any contract matter subject to the Disputes Clause;

4) Terminate, for any reason, the Contractor's right to proceed;

5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction

(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the

Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting

Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

1452.237-70 INFORMATION COLLECTION – DEPARTMENT OF THE INTERIOR

(JUL 1996)

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the

Contracting Officer written notification that approval has been obtained from the Office of

Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The

Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-

INVOICE PROCESSING PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or invoicing payment by the

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

Under this contract, please submit invoice in accordance with FAR 52.212-4(g). An invoice 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.

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 Contractors right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the

COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the

Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting

Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must –

(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the

Changes clause of the contract; or

(2) Advise the Contractor that the Government will issue a written change order.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

WBR 1452.223-81 SAFEY AND HEALTH – BUREAUR OF RECLAMATION (AUG

2021)

(a) The Contractor shall not require any person employed in the performance of this contract

(including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's health or safety.

(b) Contractor shall comply with the most current version of the Bureau of Reclamation Safety and Health Standards (RSHS) and, if applicable, the requirements of the Accident Prevention

Clause (FAR 52.236-13).

The RSHS manual shall be obtained at: http://www.usbr.gov/ssle/safety/RSHS/rshs.html

(c) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR

Part 1910 from the Occupational Safety and Health Administration, U.S. Department of

Labor, www.osha.gov .

(d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, the more stringent requirement shall prevail .

(e) The Contractor shall submit a written proposed safety program as prescribed in the RSHS and the…