Sol_140R2023Q0040.pdf
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
R20
Sacramento CA 95825-1898
Division of Acquisition Services Regional Office Mid-Pacific Region Bureau of Reclamation
0009909968 CODE 16. ADMINISTERED BYCODE
X
X
X
324110
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
03/20/2023 1500 PD
03/06/2023
916-978-6188Sherry Heibeck (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140R2023Q0040
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 29 0040610095OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
2800 Cottage Way, Room E-1815
TELEPHONE NO.
17a. CONTRACTOR/
Folsom CA 95630-1799 7794 Folsom Dam Road-Receiving Central California Area Office Bureau of Reclamation-MP-CCAO
15. DELIVER TO
Sacramento CA 95825-1898 2800 Cottage Way, Room E-1815 Division of Acquisition Services Regional Office Mid-Pacific Region
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
1,500
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
Bureau of Reclamation
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
PLEASE DO NOT USE FORM 1449 TO SUBMIT QUOTE. SEE
THE FOLLOWING ATTACHED COMBINED SYNOPSIS/
SOLICITATION.
Delivery: 03/31/2024 Period of Performance: 04/01/2023 to 03/31/2028
00010 Renewable Diesel Fuel (R99 or R100)
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Sherry L. Heibeck
. 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.
Product/Service Code: S204
Product/Service Description: HOUSEKEEPING-
FUELING AND OTHER PETROLEUM
Period of Performance: 04/01/2023 to 03/31/2024
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
29 2 of
Combined Synopsis/Solicitation 140R2023Q0040
BUREAU OF RECLAMATION, MID-PACIFIC REGION
SACRAMENTO, CALIFORNIA
Purchase & Delivery of Renewable Diesel Fuel (R99 or R100) to Folsom Dam
For Central California Area Office
7794 Folsom Dam Road, Folsom, CA 95630
Contracting Office:
Bureau of Reclamation California Great Basin
Acquisitions and Services Division Supply and Services Branch
Sacramento CA 95825
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR part 13 and additional information included in this notice. The Bureau of Reclamation intends to award a Firm Fixed Price with Economic Price Adjustment, Contract in response to this solicitation for a Base Year and four (4) Option Years. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement is being solicited as 100% Set Aside for Small Business and will be awarded based on Price in accordance with FAR 13.106-1(a)(2) Evaluation of quotations of offers. The solicitation document and incorporated provision and clauses are those in effect through Federal Acquisition Circular 2023-01 as of 12/30/2022.
GENERAL INFORMATION
RFQ Number: 140R2023Q0040
Request for Quotation (RFX) X Request for Proposal (RFP) __ Invitation for Bod (IFB) __
North American Industry Classification Code (NAICS): 324110 Size Standard: 1500 Employees
Quotes are due no later than 3:00pm Pacific Daylight Time on Monday, March 20, 2023
Quotes shall be emailed to Sherry Heibeck at sheibeck@usbr.gov. Receipt of all quotes will be acknowledged.
If you do not receive and acknowledgement, you should assume that your quote has not been received and you should contact the Contract Specialist above.
Offerors must be registered in System for Award Management (www.SAM.gov) by the closing date of the solicitation in order to be considered for award. SAM is an official website of the U.S Government and there is no cost to register in SAM.
Delivery Term: FOB Destination
Delivery Destination: Central California Area Office, 7794 Folsom Dam Road, Folsom, CA 95630 mailto:sheibeck@usbr.gov http://www.sam.gov/
Base Year: April 1, 2023 to March 31, 2024
CLIN DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
10 Renewable Diesel Fuel (estimated) 4,800 Gallon
20 Delivery Costs (includes all fees) 4 Each Base Total
Option Year #1: April 1, 2024 to March 31, 2025
30 Renewable Diesel Fuel (estimated) 4,800 Gallon
40 Delivery Costs (includes all fees) 4 Each OY1 Total
Option Year #2: April 1, 2025 to March 31, 2026
50 Renewable Diesel Fuel (estimated) 4,800 Gallon
60 Delivery Costs (includes all fees) 4 Each OY2 Total
Option Year #3: April 1, 2026 to March 31, 2027
70 Renewable Diesel Fuel (estimated) 4,800 Gallon
80 Delivery Costs (includes all fees) 4 Each OY3 Total
Option Year #4: April 1, 2027 to March 31, 2028
90 Renewable Diesel Fuel (estimated) 4,800 Gallon
100 Delivery Costs (includes all fees) 4 Each OY4 Total
Grand Total
*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.
Please use the attached Excel Spreadsheet titled “Price Schedule – Renewable Diesel” to assist with your pricing as the spreadsheet has the formulas to calculate total amount.
Quotes/offers shall be valid for 60 days from the offer due date.
PROPOSAL/PRICING SCHEDULE
Offeror’s Business Information:
Business Name: _____________________________________________________________________________
Business Address: ________________________________________________________________________
Agency Point of Contact: ____________________________________________________________________
POC Phone No. & Email: _____________________________________________________________________
SAM UEID/ Cage Code: _____________________________________________________________________
Business Size (select one): __Small Business __Women-Owned SB __Service-Disabled Veteran SB __Veteran Owned SB __Small Disadvantaged Business __HUBZone
__8(a)
Please see further instructions for quote submission under Provision 52.212-1 Addendum and 52.212-2 Addendum on pages 25 and 26 of this document.
Documents necessary for quote submission are as follows:
1. Documentation and/ or specifications showing you are able to provide Renewable Diesel (R99 or R100)
2. Completed/ filled out page 3 & 4 of this document (pricing sheet & business information)
3. Completed/ filled out Excel Spreadsheet “Pricing Schedule – Renewable Diesel”
4. Offerors must be registered in System for Award Management (SAM.gov) with completed Representations and Certifications in order to be considered for award
PERFORMANCE WORK STATEMENT
Performance Work Statement
FOLSOM – RENEWABLE DIESEL FUEL PURCHASE & DELIVERY
February 3, 2023
1.0 Background
Reclamation’s Central California Area Office’s (CCAO) Civil Maintenance Branch provides maintenance support for the Folsom Area facilities located at Folsom Dam. The maintenance staff is responsible for the operation and maintenance of CCAO’s facilities and structures to include all mobile equipment, maintenance vehicles, backup generator(s) and security equipment that ensure a safe, secure and operational facility. In addition, the maintenance staff is responsible for the care and upkeep of the facilities and the grounds throughout the Project area that includes Nimbus Dam, Nimbus Power Plant and the Folsom South Canal. To perform these duties Renewable Diesel (R99 or R100) is required for vehicle and equipment operation.
2.0 Scope
Services include the cost and delivery of Renewable Diesel (R99 or R100) to the above ground tank located next to Warehouse A of the Folsom Facilities located at 7794 Folsom Dam, Folsom, CA 95630.
3.0 Objectives
This contract is for the purchase of bulk renewable diesel fuel and transportation of the bulk diesel fuel. The truck tank shall deliver the fuel to our facility and pump the fuel into our aboveground fuel tank.
4.0 Type of Contract
The government will award a Fixed Price contract with Economic Price Adjustment. Total price calculated including options if applicable will be evaluated for reasonableness. This pricing arrangement reduces the cost risk for the vendor due to fluctuating prices over the course of the contract.
Fuel prices fluctuate weekly if not daily. For this contract, we will use the published fuel prices found at the following link as the starting basis for the Economic Price Adjustment.
Https://dot.ca.gov/programs/construction/environmental/conventional-and-renewable-diesel-price-indicies
To illustrate how this impacts the pricing during the performance of the contract, see following two examples:
An example of an invoice submitted with an INCREASE in EPA is as follow:
Vendor’s quoted fuel price on the contract as $4.00 per gallon (all-inclusive rate with taxes and fees), and award was made in August 2020. The Published price for Renewable Diesel for Aug 2020 was $3.940, so this is the rate that will be used as the starting basis to determine the price adjustment. Vendor delivered gas in Oct 2020. The published rate for Oct 2020 was $4.086, an increase of $0.146 ($4.086 - $3.940 = $0.146). Vendor would add $0.146 to their contracted price of $4.00, and vendor would now invoice for $4.146 per gallon plus set delivery fee.
An Example of an invoice submitted with a DECREASE in EPA is as follows:
Vendor’s quoted fuel price on the contract is $4.00 per gallon (all-inclusive rate with taxes and fee), and award was made in August 2020. The Published price for Renewable Diesel for Aug 2020 was $3.940, so this is the rate that will be used as the starting basis to determine the price adjustment. Vendor delivered gas in Dec 2020. The current published rate for Dec 2020 was $3.858, a decrease of $0.082 ($3.940 - $3.858 = $0.082). Vendor would subtract $0.082 from their contracted price of $4.00, and vendor would now submit invoice for $3.918 per gallon plus set delivery fee.
Please note that even with EPA, there is still a contract ceiling price for this contract. For example, the base year of contract is awarded at $4.00 per gallon (4800 gallons total for the year) with $150 delivery charge (we will need 4 deliveries), the ceiling price for the base year will be $19,800. The attached excel spreadsheet has the formulas, vendor only needs to input price per gallon and delivery costs to get total costs for each year.
https://dot.ca.gov/programs/construction/environmental/conventional-and-renewable-diesel-price-indicies
5.0 Period of Performance
The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:
Base Year April 1, 2023 – March 31, 2024 Option Year I April 1, 2024 – March 31, 2025 Option Year II April 1, 2025 – March 31, 2026 Option Year III April 1, 2026 – March 31, 2027 Option Year IV April 1, 2027 – March 31, 2028
5.1 RECOGNIZED HOLIDAYS:
New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day
5.2 Hours of Operations
The contractor is responsible for conducting business, between the hours of 7:00 a.m. to 3:00 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.
5.3 Place of Performance
The work to be performed under this contract will be performed at Folsom Dam at 7794 Folsom Dam Road, Folsom CA 95630. The Central California Area Office (CCAO) is located at Folsom Dam in Folsom, California.
It’s located about 45 minutes from the City of Sacramento and 7 minutes from the City of Folsom.
5.4 Security
Contractor personnel performing work under this contract will be checking in at the front security gate by calling the COR 48 hours in advance of delivery and naming the driver of the delivery truck, the type of delivery truck, color and business name along with the license number on of the delivery truck for entry.
The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. After the end of each delivery, if applicable, government facilities, equipment, and materials shall be secured.
5.5 Caution and Safety
All fuels shall be delivered in tank trucks that are Federal Highway approved for the transport of such commodities.
All trucks shall be properly grounded during the off load of fuels delivered.
Truck drivers shall wear all proper safety equipment required for the offloading of motor fuels while such operation is in progress.
Truck drivers shall be responsible for the safety and wearing of proper safety equipment of all persons assisting while fuel is being off loaded.
The COR or the Contracting Officer’s designated Point of Contact shall immediately terminate any offloading procedures under this contract should any safety violations be observed. The contractor will not be entitled to any claim for damages resulting from the termination of operations due to safety hazard violations or the use of vehicles or equipment not approved for the purpose of dispensing or offloading motor fuels.
6.0 Delivery
Delivery ticket slips must be signed by a Reclamation employee after offloading the fuel.
Estimated delivery frequency is expected to be one delivery every-other month. Actual delivery order shall be confirmed by the COR and called into the vendor on an as-needed basis. Frequency of the deliveries is based on usage of equipment and vehicles and can only be estimated.
7.0 Government-Furnished Property
The Government will provide access to the above ground, 2000-gallon diesel tank for fuel dispensing.
8.0 Applicable Publications (Current Editions)
The contractor shall provide documentation that the vehicle operator responsible for the delivery of motor fuels is in compliance with State and Federal laws requiring them to be Hazardous Materials Certified to deliver such product upon request by the Government.
9.0 Tasks
Task 1 Delivery of Renewable Diesel – R99 or R100
10.0 Quality Assurance Surveillance Plan (QASP)
(a) The Quality Assurance Surveillance Plan is one evaluation method the government uses to surveillance performance to determine whether the Contractor meets the standards of performance as defined in the PWS.
The absence of a QASP for any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract in determining the quality of the Contractor performance.
Performance Requirement Summary (PRS)
Acceptable Quality Level Method of Surveillance
Contractor shall comply with the Performance Work Statement.
(a) Timeliness:
Contractor will deliver fuel on scheduled date unless road closures or other emergencies arise. Phone or email follow-up on any late deliveries required 100% of the time.
(b) Workmanship:
All work is performed to the standards in this Performance Work Statement 100% of the time.
100% or periodic COR surveillance.
ATTACHMENTS:
Attachment 1 – Price Schedule (Excel Document)
SOLICITATION CLAUSES
Clauses included in this combined synopsis/ solicitation are not all inclusive. Clauses included on any ensuing award may include all or some of the clauses below. Contractors should assume that all the below clauses are applicable to this acquisition. Additional clauses may be added at the discretion of the contracting officer upon award.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (DEC 2022)
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION ANDMATERIAL SAFETY DATA (FEB 2021)
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011 – Alt 1)
52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCOTRACTOR
(NOV 2021)
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION
(APR 1984)
52.242-15 STOP-WORK ORDER (AUG 1989)
(End of Clauses)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC
2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
http://www.acquisition.gov/far http://www.acquisition.gov/diar
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78
(19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov
2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of
2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
[ ] (5) [Reserved].
[ ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)
(Pub. L. 111-117, section 743 of Div. C).
[X] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)
(41 U.S.C. 2313).
[ ] (10) [Reserved].
[ ] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
[ ] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct
2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.
657a).
[ ] (13) [Reserved] [X] (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-6.
[ ] (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-7.
[ ] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).
[ ] (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (Nov 2016) of 52.219-9.
[ ] (iii) Alternate II (Nov 2016) of 52.219-9.
[ ] (iv) Alternate III (Jun 2020) of 52.219-9.
[ ] (v) Alternate IV (Sep 2021) of 52.219-9
[ ] (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-13.
[ ] (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(a)(14)).
[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15
U.S.C. 657f).
[X] (22) (i) 52.219-28, Post Award Small Business Program Representation (Oct 2022) (15 U.S.C.
632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-28.
[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C.
637(m)).
[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
[ ] (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
[X] (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[X] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
[X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[X] (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (Jul 2014) of 52.222-35.
[X] (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (Jul 2014) of 52.222-36.
[X] (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[X] (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.
13627).
[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[X] (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)
[ ] (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off- the-shelf items.)
[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
[ ] (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (Oct 2015) of 52.223-13.
[ ] (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and
13514).
[ ] (ii) Alternate I (Jun 2014) of 52.223-14.
[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
[ ] (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)
(E.O.s 13423 and 13514).
[ ] (ii) Alternate I (Jun 2014) of 52.223-16.
[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
[ ] (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
[ ] (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
[ ] (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
[ ] (ii) Alternate I (Jan 2017) of 52.224-3.
[X] (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] (ii) Alternate I [Reserved].
[ ] (iii) Alternate II (Dec 2022) of 52.225-3. [ ] (iv) Alternate III (Jan 2021) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services
(Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[ ] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021)
(41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)
(31 U.S.C. 3332).
[ ] (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management
(Jul 2013) (31 U.S.C. 3332).
[ ] (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[ ] (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[ ] (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
[ ] (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. Chapter 67).
[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
(May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.
chapter 67).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.
1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products and commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115- 91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Nov 2021) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
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 prior to contract expiration date.
(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.
(End of clause)
DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 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 € prior to receipt of the Contracting Officer’s response issued under paragraph € 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.
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 Internet Payment Platform System (IPP).
“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions- Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
Contractor shall upload an electronic copy of the invoice, along with any supporting documentation, to the IPP website. To assist in the payment process, contractors are encouraged to send a courtesy copy of the invoice electronically, with attention to the Contracting Officer, to the following email address:
sheibeck@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 Local Clause)
WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND
LIMITATIONS -- BUREAU OF RECLAMATION (MAY 2018)
a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term "technical direction" is defined to include, without limitation:
(1) Inspecting and accepting or rejecting work performed under the contract.
(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.
(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the https://www.ipp.gov/
Government.
(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer.
It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.
(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -
(1) Constitutes a direction of additional work outside the Contract requirements;
(2) Constitutes a change as defined in the contract clause entitled "Changes;"
(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;
(4) Changes any of the expressed terms, conditions or specifications of the contract; or
(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.
(d) All technical direction shall be issued in writing by the COR.
(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the
COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly.
Upon receiving the notification from the Contractor, the Contracting Officer must -
(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Changes clause of the contract; or
(2) Advise the Contractor that the Government will issue a written change order.
(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled "Disputes."
WBR 1452.223-81 SAFETY AND HEALTH – BUREAU OF RECLAMATION (AUG 2021)
(a) The Contractor shall not require any person employed in the performance of this contract (including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's health or safety.
(b) Contractor shall comply with the most current version of the Bureau of Reclamation “Reclamation Safety and Health Standards” (RSHS) and, if applicable, the requirements of the Accident Prevention Clause (FAR 52.236-13). The RSHS Manual shall be obtained at:
http://www.usbr.gov/ssle/safety/RSHS/rshs.html https://www.acquisition.gov/far/part-52#FAR_52_236_13 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 written specifications.
(f) The Contractor shall maintain an accurate record of and shall report to the Contracting Officer (or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines.
(g) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract.
(h) If the RSHS is updated or amended by Reclamation during the course of this contract, the contractor will be notified in writing. The contractor shall comply with the current RSHS immediately upon written notification. Should the contractor feel that the updated version of RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request an equitable adjustment in the contract price. Any such requests shall include a price proposal submitted in compliance with Contract Clause WBR 1452.243-80, Modification Proposals - Bureau of Reclamation, and in sufficient detail to allow meaningful analysis of labor, equipment, and material.
WBR 1452.223-82, ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS IN FEDERAL
BUILDINGS AND FEDERALLY CONTROLLED FACILITIES -- BUREAU OF RECLAMATION
(NOV 2022)
When accessing Federal buildings and federally controlled facilities under this contract, contractor employees shall comply with the Safer Federal Workforce Task Force’s current guidance for COVID-19 workplace safety protocols for Federal agencies at https://www.saferfederalworkforce.gov/.
WBR 1452.237-80 SECURITY REQUIREMENTS -- BUREAU OF RECLAMATION (MAR 2022)
(a) General Security Requirements:
(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or http://www.osha.gov/ http://www.saferfederalworkforce.gov/ facility that the Contractor must access to accomplish work under this contract.
(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the contracting officer. If Reclamation finds a contractor employee to be unsuitable or unfit for his or her assigned duties, the contracting officer will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.
(3) The Contractor’s employees governed by this contract may need access to sensitive information and/or sensitive areas.
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