Sol_140R2023Q0117.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

R20

Sacramento CA 95825-1898

Division of Acquisition Services Regional Office Mid-Pacific Region Bureau of Reclamation

CODE 16. ADMINISTERED BYCODE

X

X

112420

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/21/2023 1500 PD

07/31/2023

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

140R2023Q0117

5. SOLICITATION NUMBER

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

1 28 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

2800 Cottage Way, Room E-1815

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Sacramento CA 95825-1898 2800 Cottage Way, Room E-1815 Division of Acquisition Services Regional Office Mid-Pacific Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$2.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

X

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Please see attached Combined Synopsis/Solicitation for full details and information for submitting a quote.

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

(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

28 2 of

Combined Synopsis/ Solicitation 140R2023Q0117 Goat Grazing

Bureau of Reclamation – CA Great Basin Region

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 One Year of Service in response to this solicitation. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement is being set aside 100% for Small Business (SB). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04 as of 6/02/2023.

GENERAL INFORMATION

RFQ Number: 140R2023Q0117

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

North American Industry Classification Code (NAICS): 112420 Size Standard: $2.5 million

Quotes are due no later than 3:00pm PDT on Monday, August 21, 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 listed 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.

Business Name: __________________________________________________________________________

Business Address: ________________________________________________________________________

Agency Point of Contact: __________________________________________________________________

POC Phone No. & Email: __________________________________________________________________

SAM UEID/Cage Code: ___________________________________________________________________

Business Size (select one): __Small (SB) __Women-Owned SB __Service-Disabled Veteran SB __ Veteran Own SB __ Small Disadvantaged Business __HUBZone __8(a)

APPLICABLE WAGE DETERMINATIONS:

1. DOL Wage Determination 2015-5621 Rev 17 (Napa County)

2. DOL Wage Determination 2015-5631 Rev 18 (Placer County)

3. DOL Wage Determination 2015-5665 Rev 21 (Tuolumne County)

OFFEROR’S BUSINESS INFORMATION/ PRICING SCHEDULE

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

Bureau of Reclamation – CA Great Basin Region

September 1, 2023 – August 31, 2024

CLIN # Description Estimated Acreage

Cost Per Acre Total Price

Goat Grazing Services in Accordance with the Performance Work Statement Sept 1, 2023 – August 31, 2024

10 Auburn Project Lands:

• Auburn Shaded Fuel Break

• Additional Auburn Project Lands

552 acres 353 acres

20 Folsom South Canal 200 acres 30 Lake Berryessa

• East Side Road (7 parcels)

529 acres

40 New Melones Lake

• Park Administrative Area

• Osprey Point

• Whittle Ranch

100 acres 25 acres 30 acres

Grand Total

*Additional acreage may be added to this contract through bilateral modification. *

Please see further instructions for quote submission under Provision 52.212-1 on page 28 of this document.

Documents necessary for quote submission are as follows:

1. Completed / filled out Page 3 & 4 of this document (Business Information/ Price Schedule)

2. Capability Statement & Prior or Current Government Contracts/ References

3. Offerors must be registered in System for Award Management (SAM.gov) with completed

Representations and Certifications, in order to be considered for award.

IMPORTANT INFORMATION

BE SURE TO READ FAR 52.212-1, INSTRUCTIONS TO OFFERORS, AND FAR 52.212-2, EVALUATION FACTORS. IF GUIDELINES ARE NOT FOLLOWED AS SET FORTH IN 52.212-1 YOUR OFFER COULD BE

CONSIDERED NON-RESPONSIVE.

Bureau of Reclamation – CA Great Basin Region

Performance Work Statement Goat Grazing Vegetation Management

July 19, 2023

1.0 General

This is a non-personal services contract to provide goat grazing vegetation management services for the Central California Area Office (CCAO) under the Bureau of Reclamation.

2.0 Background

Vegetation management in the form of fuels maintenance and management on Auburn Project Lands is a top priority for CCAO. Previous grant funding for hand crews to reduce the fuels load has included treatments for removing brush, chipping and pile burning.

In order to maintain this work, yearly maintenance is required and the use of goats grazing on this land will address this need to remove the vegetation fuel load to provide for public safety and fire prevention efforts within the Reclamation, Central California Area Office Project Lands.

3.0 Place of Performance

Reclamation proposes to contract for goat grazing services on the following:

Auburn Project Lands: attached maps

Auburn Shaded Fuel Break: 550 acres Five Year fuels reduction project area: 353 acres

Folsom South Canal: attached map

The Folsom South Canal: 200 acres

Lake Berryessa: East Side Road – (seven parcels): attached map

Parcels located along the “East Side Road” at Lake Berryessa: 529 acres

New Melones: attached maps

New Melones: 115 acres

4.0 Period of Performance

The period of performance will be starting in the Fall of 2023. The contractor shall provide six months of services during the period of performance. The objective is to have the work start by Fall of 2023 and be completed within a six-month period over the term of one year.

5.0 Government Furnished Property, Equipment, and Services

Gate keys will be furnished to provide for access onto the Federal Lands. Contractor will work with Central California Area Office (CCAO) Natural Resources Specialist (NRS) and Area Office NRS and coordination with State Parks staff and homeowner associations/contacts to coordinate keys and access to areas. The contact

Bureau of Reclamation – CA Great Basin Region information will be provided post-award. CCAO Natural Resources staff and the contractor will provide notification signs for trail closures if necessary.

Government will provide access to water spigots and hydrants for water truck fill ups.

6.0 Contractor Furnished Items and Services

The Contractor shall provide all equipment, supplies, management, supervision, personnel, and transportation necessary to assure that all services are in accordance with the contract and all applicable laws and regulations.

The contractor shall ensure all work meets performance standards specified in this Performance Work Statement and referenced documents.

7.0 Tasks

The goats will be brought to the following sites and allowed to move within an electric fenced area while grazing.

The Contractor is responsible for providing water delivery, food and security for the goats, staff, and all equipment. The Contractor is responsible for providing water and food for to the goats. For example: if the goat tender needs assistance with obtaining the water from a water source, the Contractor is responsible.

Reclamation proposes to contract for goat grazing services on the following:

Auburn Project Lands: attached maps

Auburn Shaded Fuel Break – 550 acres – attached map Five Year fuels reduction project area – attached map

Folsom South Canal: attached map

The Folsom South canal boundaries as part of vegetation control from 1901 Hazel Ave, Gold River, CA 95670.

The terminus of the Canal is approximately 1.5 miles South of the Twin Cities Road (26.6 miles in total) approximately 387 acres.

The Contractor shall perform goat grazing within the Folsom South canal boundaries as part of vegetation control from 1901 Hazel Ave, Gold River, CA 95670. The terminus of the Canal is approximately 1.5 miles South of the Twin Cities Road (26.6 miles in total) approximately 387 acres.

Contractor will be responsible for field measurement verification.

Project Location: Vegetation abatement activities shall occur along the full length of the Canal, beginning at the headworks located at 1901 Hazel Ave, Gold River, CA 95670. The terminus of the Canal is approximately 1.5 miles south of the Twin Cities Road (California Highway 104). See attached exhibits for extents of project.

Coordinates: Headworks: 38.633821, -121.218876 Terminus: 38.309267, -121.187500 Attached map

Lake Berryessa: East Side Road – (seven parcels): attached map

• 71.3 acres

• 71.4 acres

• 118.6 acres

• 95 acres

• 27.5 acres

• 95.4 acres

Bureau of Reclamation – CA Great Basin Region

• 49.4 acres

• Total acreage outside exclusion fences = 528.5 Total acres between riparian exclusion fences = 17.3 Total acres above 440' elevation = 545.8

• The road is not paved. It is used by the local ranchers, so it could not be used for staging.

• The staging areas would be at Eticura day use area and a small area near the beginning of the East Side

Road. There is not a water source (other than the lake) near the area.

• A water tank could be filled at our admin. facilities.

New Melones: attached maps

• Admin Area: 100 acres.

• Osprey Point: 25 acres.

• Whittle Ranch: 30 acres.

A water tank could be filled at the admin facilities.

Other Acreage that falls within the scope of the contract and will be negotiated between the Government and the Contractor through a bilateral modification.

The Proposed Action is expected to be implemented as needed to sustain a more fire resilient condition and ecosystem on Reclamation Project lands.

The following conditions shall apply:

• The Contractor is responsible for contacting the Project Manager should questions arise.

• Contractor shall comply with all applicable federal, state and local laws, regulations and policies governing the funds and scope under this agreement.

• The Contractor shall perform goat grazing on Reclamation Project Lands) to reduce the vegetation (fuel) load from the urban interface boundary to approximately 600 feet from the fence line.

• The goats will be brought to the site and allowed to move within a fenced area while grazing.

• The Contractor is responsible for providing water delivery, food and security for the goats, staff and all equipment used in the per.

• No drafting out of natural watercourses shall be allowed. If drafting out of man-made reservoirs, a screen must be fitted to the hose input to prevent impingement of aquatic wildlife. Spigots may not be located near the project area.

• Grazing is allowed within watercourse protection zones and cultural resource protection zones. However, CCAO NRS/Project Manager will monitor grazing to ensure that animal pressure is not having significant impact on stream health (including bank stability and riparian vegetation coverage) or cultural resources. If negative impacts are seen, CCAO NRS Project Manager may re-direct grazing. Canopy cover for riparian vegetation should not be reduced below 50%.

• If using a chainsaw while cutting material to place fencing, Contractor shall adhere to Calfire Fire Standards for cutting.

• The Contractor is responsible for contacting the Project Manager should questions arise.

• No active bird nests or protected species were found within the Project Area. With all environmentally sensitive areas, identification and avoidance during project implementation is important. Should any nests or species of interest be found during project implementation, the Project Manager shall be notified immediately.

Bureau of Reclamation – CA Great Basin Region

• CCAO-NRS will conduct inspections to ensure that the services are acceptable. Inspections do not relieve the Contractor of the responsibility for maintaining quality control. Compliance inspections will be made on a sporadic basis. Contractor is encouraged to break the job out into logical measurable units.

• Contractor use of existing roads and trails will be used to deploy goats onto the grazing sites. Max Vehicle Size approximately Class 3, 1 Ton pickup

• Contractor use of All Terrain Vehicle (ATV) may be used to drive on landscape no greater than 20% -30% slope to heard goats.

• Contractor will be responsible for field measurement verification.

8.0 Contract Changes

Additional services required by changes in mission assignments must be documented by a written contract modification. If the contractor receives a request from Reclamation personnel directing or requesting work that the contractor believes is not within the terms of the Performance Work Statement or the contract, then the contractor must notify the Contracting Officer of the request. The only person that has the authority to modify the terms of the contract or request work for which compensation will be provided is a Contracting Officer.

Bureau of Reclamation – CA Great Basin Region

SOLICITATION 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)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2021)

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

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

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(NOV 2021)

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

52.242-13 BANKRUPCY (JULY 1995)

52.242-15 STOP WORK ORDER (AUG 1989)

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

PROCESSING PLATFORM (IPP) APR 2013)

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

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

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

The contractor is encouraged to upload a copy of their invoice and supporting documentation to IPP.gov that will allow Reclamation to verify that the products or services comply with the terms of the contract. The information in the uploaded documents should not conflict with the data fields in the IPP submissions (service dates, invoice number, etc.). Prior to submitting an invoice to IPP, the contractor may coordinate with the designated Contracting Officer's Representative (COR), for review and verification of quantities for payment and for compliance with the applicable progress payment requirements of this contract. Prior coordination with the COR will allow for streamlined processing of the invoice.

https://www.acquisition.gov/far https://www.acquisition.gov/diar

Bureau of Reclamation – CA Great Basin Region

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

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 (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)

Bureau of Reclamation – CA Great Basin Region

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 CORs 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 https://www.acquisition.gov/far/part-52#FAR_52_236_13

Bureau of Reclamation – CA Great Basin Region

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 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/.

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.

http://www.usbr.gov/ssle/safety/RSHS/rshs.html http://www.osha.gov/ https://www.saferfederalworkforce.gov/

Bureau of Reclamation – CA Great Basin Region

“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

Bureau of Reclamation – CA Great Basin Region 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.

(11) 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.

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

(13) 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

Bureau of Reclamation – CA Great Basin Region 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.

(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 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 http://www.usbr.gov/recman/DandS.html.

Bureau of Reclamation – CA Great Basin Region 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.

Bureau of Reclamation – CA Great Basin Region

(c) Reserved

(d) Reserved

(e) Reserved

(f) Reserved

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. 390.

And 10 U.S.C. 3801).

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

(7) 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:

[X] (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].

[X] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C)

Bureau of Reclamation – CA Great Basin Region

[ ] (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) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)

[X] (9) 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).

[X] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[ ] (11) [Reserved].

[ ] (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

[ ] (13) 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).

[ ] (14) [Reserved]

[X] (15) (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.

[ ] (16) (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.

[X] (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

[ ] (18) (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

[] (19) (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.

[X] (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(a)(14)).

[ ] (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C.

657f).

[X] (23) (i) 52.219-28, Post Award Small Business Program Representation (Mar 2023) (15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (24) 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)).

Bureau of Reclamation – CA Great Basin Region

[ ] (25) 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)).

[ ] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

[ ] (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

[X] (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[ ] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies…