Sol_140R2023Q0114.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

R20

SACRAMENTO CA 95825-1898

DIVISION OF ACQUISITION SERVICES

REGIONAL OFFICE

MID-PACIFIC REGION

BUREAU OF RECLAMATION

0009909989 CODE 16. ADMINISTERED BYCODE

X

X

X

541370

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/04/2023 1000 PD

07/18/2023

916-978-4459George Ramos (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R2023Q0114

5. SOLICITATION NUMBER

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

1 27 0040617375OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

2800 COTTAGE WAY ROOM E-1815

TELEPHONE NO.

17a. CONTRACTOR/

SACRAMENTO CA 95814-2536

801 I STREET SUITE 140

BAY-DELTA AREA OFFICE

BUREAU OF RECLAMATION-MP-BDO

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

$19

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.

Delivery: 08/31/2024 Period of Performance: 09/01/2023 to 08/31/2028

00010 AERIAL PHOTOGRAPHIC SERVICES - Chinook Spawning Product/Service Code: T009 Product/Service Description:

PHOTO/MAP/PRINT/PUBLICATION- AERIAL PHOTOGRAPHIC

(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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

27 2 of

Combined Synopsis/Solicitation 140R2023Q0114

Aerial Photography Chinook Spawning

Project Location:

Sacramento, California

Contracting Office:

Bureau of Reclamation

Interior Region 10 · 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 Purchase Order for a Base Year and Four (4) Option Years in response to this solicitation. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-03. This requirement is being solicited as 100% Set Aside for Small Business.

GENERAL INFORMATION

RFQ Number: 140R2023Q0114

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

North American Industry Classification Code (NAICS): 541370 Size Standard: $16.5 Million

SET ASIDE 100% SMALL BUSINESS

Quote Due Date:

Quote Submission:

August 4, 2023 10:00 AM Pacific Time

By email to gramos@usbr.gov

Contact Information: George L. Ramos Email: gramos@usbr.gov Phone: 916-978-4459

Please see further instructions for all documents necessary for quote submission under Provision 52.212-1.

OFFEROR INFORMATION

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

Offeror’s Business Information:

Business Name: _______________________________

Authorized Agent’s Signature/Date: _______________________________________________

Business Size (select one): Small Large

DUNS/UEI Number/Cage Code: ______________________

Business Point of Contact: ____________________________

Point of Contact Email: _________________________

Point of Contact Phone Number: ____________________ mailto:gramos@usbr.gov

QUOTE/PRICING SCHEDULE

Line Item

Description Firm-Fixed Priced

Qty Unit of Issue

Unit Price Total Price

The contractor shall provide all necessary tools, materials, equipment, labor, travel, transportation, and facilities to perform aerial photography in according with the Performance Work Statement and American River Flight Plan aerial map. Color coverage @ 1:2400

00010 Base Year:

September 1, 2023 – August 31, 2024

4 Each $ $

00020 Option Year 1:

September 1, 2024 – August 31, 2025

4 Each $ $

00030 Option Year 2:

September 1, 2025 – August 31, 2026

4 Each $ $

00040 Option Year 3:

September 1, 2026 – August 31, 2027

4 Each $ $

00050 Option Year 4:

September 1, 2027 – August 31, 2028

4 Each $ $

Proposed Grand Total (Including Option Years) $

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.

QUOTE VALID DATE

Quotes/offers shall be valid for 60 days from the offer due date

Please see further instructions for quote submission under Addendum to Provision 52.212-1

Documents necessary for quote submission are as follows:

1. Completed and signed quote pricing schedule.

2. Past Performance documentation (If Applicable) for previous contracts with a similar scope of work.

Include contract number, dollar amount, description of the project, and a point of contact from the agency or commercial organization.

3. Completed FAR Provision 52.212-3, Offeror’s Representations and Certifications NOTE: The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via System for Award Management (SAM).

Performance Work Statement

AERIAL PHOTOGRAPHY SPECIFICATIONS

FOR

DOCUMENTATION OF SPAWNING SALMON

ON THE AMERICAN RIVER

Color coverage @ 1:2400 From Business 80 to Nimbus Dam

July 1, 2023

1.0 Background

For the past several years, aerial photography has been collected in the fall along a portion of the American River, as shown on Attachment 1, to observe the number and location of spawning salmon nests. The purpose of the photography is to determine the effectiveness of Central Valley Project Improvement Act salmon habitat improvement projects (pursuant to CVPIA Section 3406(b)(13)) at providing usable habitat and to provide salmon habitat use information needed in designing future habitat improvement projects.

2.0 Scope

CAMERA: The vertical aerial photographic negatives shall have a 9-inch by 9-inch format and be exposed with a suitable camera having a distortion-free lens of +/- 153mm nominal focal length. Said camera shall be in satisfactory state of serviceability and calibration as to meet the standard specifications for aerial photography for photogrammetric mapping published by the U.S. Geological Survey, revised May 15, 1974, and as further modified.

If not currently on file with the agency, current camera calibration reports must be supplied to USBR.

A digital Camera is also acceptable assuming it is in a satisfactory state of serviceability and calibrated as to meet the above referenced specifications. If the format is different than the 9-inch by 9-inch specified format additional exposures would most likely be required to cover the project area and a new flight plan developed. To ensure overlap specifications are met with a modified format the contractor will submit a revised flight map to USBR with their proposal. In the case of images from a digital camera the resolution must be 3 inches per pixel or better (i.e.

each pixel covers 3 inches or less on the ground).

FLIGHT LINES: All photographic flight lines shall be flown according to the flight map shown below. Flights shall be oriented over the flight lines as delineated on the flight map so resultant photography covers the river. Any deviation in which the requested flight line fails to document the wetted and flowing portion of the river channel may be cause for rejection and re-flight at the expense of the contractor. The position of the first and last photo of each flight line shall be annotated on the flight.

FLIGHT ALTITUDE AND PHOTO SCALE: Frames shall be exposed from a sufficient altitude to produce a resultant photo scale of 1:2400.

OVERLAP: Forward overlap shall average 10 percent. Any overlap of less than 10 percent may be cause for rejection and re-flight at the expense of the contractor.

SIDELAP: Not applicable.

CRABBING: Not applicable

TILT: Tilt, defined as the dihedral angle between the photographs and a horizontal plane, shall in no case exceed 5 degrees and shall not average more than 1 degree for the entire job.

SUN ANGLE: The sun angle during photo acquisition shall be greater than 25°.

AERIAL FILM: The film to be used shall be dimensionally stable COLOR negative film for aerial photography with suitable saturation, rendering, resolution, fine grain distribution and density. Digital images may be suitable pending agreement of the contracting officer. In the case of images from a digital camera the resolution must be 3 inches per pixel or better (i.e. each pixel covers 3 inches or less on the ground).

PROCESSING FILM: All aerial negatives shall be developed within one (1) week of date of exposure and shall be so developed, fixed, washed and dried to assure maximum quality of image definition and permanency. Every precaution shall be taken to avoid distortion of the film in processing. Projection prints shall not be made from the film except on special approval of the contracting officer.

QUALITY OF AERIAL NEGATIVES: Negatives shall be clear, sharp in detail and of average and uniform density.

They shall be free of scratches, dust, fingerprints, processing residue, light streaks, snow, clouds and cloud shadows, static marks, and other blemishes. They shall be taken at such a time as to provide quality exposure minimizing shadows, sunspots and glare. Only materials meeting the above requirements will be acceptable. The goal of the photography is to maximize visibility of the underwater portion of the river bed where salmon spawn.

Therefore, exposure should be set based on obtaining a clear view of the river bed. This may result in over-exposure of the land surface and this overexposure of dry land features is acceptable.

EDITING OR TITLING AERIAL NEGATIVES: Each aerial negative shall be identified by consecutive strip and exposure numbers in the forward right corner (as per flight map), the date in the forward left corner, the project identifier- flight number to the right and scale to the left of the center fiducial.

ie : 11-24-21 1:2400 BR-AME-60 1-1

11-24-21 1:2400 BR-AME-60 1-2

All of the above lettering shall be neat, legible, uniform and approximately .20-inch high. Lettering shall not extend into the image area more than .35-inch and shall be stamped or drafted in permanent opaque ink to appear in direct positive form within the image area on the subsequent positives.

DIGITAL SCANNING THE AERIAL NEGATIVES: Images must be digitally scanned at 16 microns (roughly 1,587dpi) with the data strip visible. Images shall be processed so they are clear, sharp with optimal contrast and tones. In the case of images from a digital camera the resolution must be 3 inches per pixel or better (i.e. each pixel covers 3 inches or less on the ground).

FLIGHT MAP: The flight map will be furnished by the US Bureau of Reclamation and shall consist of published

7.5 or 15 minute USGS quadrangle sheets covering the project area with the flight lines delineated thereon (see Attachment 1).

3.0 Type of Contract

The government will award a Fixed Price Conrtact. Base Year +4 Option Years

4.0 Period of Performance

The provided flight plan for the American River portion of this contract will be flown up to 4 times in the fall to winter; exact flight dates will be coordinated with the Government and are dependent upon weather and fish activities. All flights may not occur and payment will be on a per flight basis.

Base Year – 09/01/2023 – 08/31/2024 Option Year 1 – 09/01/2024 – 08/31/2025 Option Year 2 – 09/01/2025 – 08/31/2026 Option Year 3 – 09/01/2026 – 08/31/2027 Option Year 4 – 09/01/2027 – 08/31/2028

5.0 Administrative Information

5.1 Recognized Holidays:

The Contractor is not required to perform services on recognized on the following holidays:

New Year’s Day Martin Luther King Jr.’s Birthday President’s Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

5.2 Place of Performance

The work to be performed under this contract will be performed at the contractor’s facility with the exception of the aerial photography image collection, which will be performed at the location specified on Attachment 1.

5.4 Security

The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use, if furnished.

5.0 Delivery

Digital data from each flight shall be provided on a portable external hard drive or USB thumb drive (to be provided by the contractor) that will be kept in the Government’s possession.

The external drive shall be neatly and securely labeled with the flight ID number and date. All information should be completely filled in by the contractor before it is secured to the external drive.

6.0 Government-Furnished Property

The Government is not furnishing any equipment, services, facilities, etc. for this contract.

7.0 Applicable Publications (Current Editions)

Standard Specifications for Aerial Photography for Photogrammetric Mapping published by the U.S. Geological Survey, revised May 15, 1974, and as further modified.

8.0 Objectives

To provide aerial photography to observe the number and location of spawning salmon at the specified locations of the American River on the dates to be determined by the Government’s representative.

9.0 Tasks

Task 1 – American River Fall Flight #1 (Typically happens in early November)

Task 2 – American River Fall Flight #2 (Typically happens around Thanksgiving)

Task 3 – American River Fall Flight #3 (Typically happens in December)

Optional Task 4 – American River Flight #4 (winter/spring flight - date to be determined by government)

Note that weather for photography during this time of year is variable, requiring frequent monitoring of conditions to mobilize for flights. Windy conditions produce waves on the water reducing visibility of the river bed and morning fog often occurs and burns off around mid-morning. The contractor shall have means to monitor weather conditions (winds, cloud cover, fog) to be able to mobilize when suitable flight windows occur. This may be achieved through regular communication with the government representative.

10.0 Performance Assessment and Disincentives

(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.

11.0 Attachment/Technical Exhibit List

Attachment 1 – American River Approximate Flight Lines and Exposure Positions

PERFORMANCE REQUIREMENTS SUMMARY AND

QUALITY ASSURANCE SURVIELLANCE PLAN (QASP)

Performance Requirement Summary (PRS)

Acceptable Quality Level Method of Surveillance Deduction

Tasks 1-5 Review Monitoring Plans and Assessment Strategies.

(a) Timeliness: Aerial photography is collected within the desired timeframe and is submitted by the date required 99% of the time.

(b) Quality: Overlap and tilt of aerial photography meets standards stated in PWS. Quality of negatives and scanned photography meets the standard stated in the PWS 99% of the time.

Comparison of the flight and submittal date to the Government’s specified dates.

Periodic COR surveillance.

Not Applicable

SECTION C CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of clause)

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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(NOV 2021)

52.242-15 Stop-Work Order (AUG 1989)

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

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

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(End of clause)

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

PROCESSING PLATFORM (IPP) (APR 2013)

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

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

https://www.ipp.gov.

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

Contractor must provide documentation to support that the services have been performed.

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 St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov 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)

DIAR 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;

http://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of Clause)

WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND

LIMITATIONS -- BUREAU OF RECLAMATION (MAY 2018)

a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term "technical direction" is defined to include, without limitation:

(1) Inspecting and accepting or rejecting work performed under the contract.

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

(1) Constitutes a direction of additional work outside the Contract requirements;

(2) Constitutes a change as defined in the contract clause entitled "Changes;"

(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

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

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

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

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

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

(End of clause)

WBR 1452.223-81 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

(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 https://www.acquisition.gov/far/part-52#FAR_52_236_13 http://www.usbr.gov/ssle/safety/RSHS/rshs.html http://www.osha.gov/ 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.

(End of clause)

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/.

(End of clause)

WBR 1452.209-82 PROHIBITION ON RELEASE OF INFORMATION -- BUREAU OF RECLAMATION

(JUL 1997)

(a) The Contractor shall not disclose information pertaining to the services performed under this contract to anyone other than Government or other personnel authorized by the Contracting Officer. The Contractor agrees that it will protect any information obtained from other companies during the performance of this contract from unauthorized use or disclosure for as long as the information remains proprietary and shall refrain from using such information for any purpose other than that for which it was furnished.

(b) In the event that the Contractor intends to employ individuals other than its own staff or other firms in the performance of the contract, each individual or firm shall be required to furnish the same written certification.

(c) The contractor shall insert, in any subcontract that requires the performance of work similar to that being performed by the Contractor, terms that shall conform substantially to the language of this clause, including this paragraph (c).

(End of clause)

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 https://www.saferfederalworkforce.gov/ instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the 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. The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.

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

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

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

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times.

Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor immediately, but not later than within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.

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

(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S.

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

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the contracting officer. The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust. Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government.

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

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

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation Directives and Standards SLE 02-01 Identifying and Safeguarding Controlled Unclassified Information (CUI), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.

(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government- furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the contracting officer may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to- know.

All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the contracting officer. Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such http://www.usbr.gov/recman/DandS.html#sle information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the contracting officer, records of the names of individuals who have access to sensitive material in its custody and the sensitive material to which the individuals had access. All questions regarding information security, access, and control shall be referred to the COR.

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

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

(2) Classified Information.

(i) The disclosure of U.S. Government documents by third parties can result in damage to our national security.

While this contract may not deal directly with classified information, each contractor is obligated to protect classified information pursuant to all applicable laws and to use Government information technology systems in accordance with agency procedures so that the integrity of such systems is not compromised.

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

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

(iv) The contractor shall not, while using unclassified Government computers or other devices (such as phones or tablets) access documents that are marked classified (including classified documents made publicly available by a third party), as doing so risks that material still classified will be placed onto unclassified systems.

This requirement does not restrict contractor access to unclassified, publicly available news reports (and other unclassified material) that may in turn discuss classified material, as distinguished from access to underlying documents that themselves are marked classified (including if the underlying classified documents are available on public web sites or otherwise in the public domain).

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

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

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

(c) Reserved

(d) Reserved

(e) Reserved

(f) Reserved

(End of clause)

--- End of Addendum to 52.212-4---

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(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)).

(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3…