Sol_140R2024Q0007.pdf

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811310

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REQUEST FOR

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10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

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01/03/2024 1500 PS

12/18/2023

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

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R2024Q0007

5. SOLICITATION NUMBER

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

1 69 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

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

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$12.5

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Bureau of Reclamation

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WOMEN-OWNED SMALL

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24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ADMINISTERED BY:

Bureau of Reclamation Mid-Pacific Region Regional Office Division of Acquisition Services 2800 Cottage Way, Room E-1815 Sacramento CA 95825-1898 US Trinity River Fish Hatchery Fish Crowders Repair Services

PLEASE DO NOT USE THIS FORM TO SUBMIT

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HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Steven Teves

. YOUR OFFER ON SOLICITATION (BLOCK 5),

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ARE

ARE

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OFFER

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STANDARD FORM 1449 (REV. 11/2021) BACK

24.

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21.

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SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

QUOTES/PRICING

PLEASE SEE THE FOLLOWING COMBINED

SYNOPSIS/SOLICITATION DOCUMENT

PLEASE DIRECT ALL QUESTIONS TO STEVEN TEVES AT

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69 2 of

140R2024Q0007 TRH Fish Crowders Repair Services

Solicitation # 140R2024Q0007

COMBINED SYNOPSIS/SOLICITATION

Trinity River Fish Hatchery (TRH)

Fish Crowders Repair Services

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number 140R2024Q0007 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-06 (12/04/2023).

GENERAL INFORMATION

RFQ Number: 140R2024Q0007

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

North American Industry Classification Code

(NAICS): 811310

Size

Standard: $12.5 M

The Government will award items based on lowest price technical acceptability evaluation of:

Technical Approach, Past Performance, and Price.

Site Visit:

A formal site visit is not planned for this requirement.

Quote Due Date:

Quote Submission:

January 03, 2024

3:00 p.m. PST

By email to steves@usbr.gov

Contact

Information:

Steven Teves

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

Request for Information: All questions regarding this solicitation should be emailed to steves@usbr.gov no later than December 22, 2023 @ 10:00 a.m. PST.

THE GOVERNMENT INTENDS TO SOLE SOURCE THIS REQUIREMENT TO WOODLAND

WELDING WORKS IN ACCORDANCE WITH FAR 13.106-1(b)(1)(i).

mailto:steves@usbr.gov

QUOTER INFORMATION:

Business Name: _______________________________

SAM Unique ID or Cage Code: ______________________

QUOTE PRICING SCHEDULE:

CONTRACT LINE ITEM (CLIN) PRICE

CLIN 10 (Unit #45):

Fish Crowder Repairs/Restoration $_____________

Transportation – Roundtrip $_____________

CLIN 20 (Unit #44):

CLIN 30 (Unit #46):

GRAND TOTAL: $_____________

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

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

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

QUOTE/PRICING SCHEDULE

Documents necessary for quote submission are as follows:

1. Completed and signed quote pricing schedule

2. Technical approach detailing how contractor will perform tasks and meet the deliverable schedule in the Performance Work Statement (PWS). See evaluation criteria at 52.212-2, page

41.

3. Fully executed and completed offeror representations, certifications, and acknowledgments required by FAR 52.212-3 of this solicitation; (Only paragraph b must be completed if SAM is necessary). If SAM representations, certifications and acknowledgments are correct in SAM as it pertains to this solicitation then the quoter verifies by submission of this quote that their representation and certifications in SAM have been entered or updated in the last 12 months, and are current, accurate, complete, and applicable to this solicitation.

Authorized Agent’s Signature/Date:_______________________________________________

PERFORMANCE WORK STATEMENT

1.0 SCOPE

To acquire professional mechanical services to repair 3 fish crowders located at Trinity River

Fish Hatchery (TRH). Each crowder shall be repaired to a fully functional and restored condition. Transportation to and from the hatchery will be required.

2.0 BACKGROUND

The Department of the Interior, Bureau of Reclamation (Reclamation), under the authority of the

Act of August 12, 1955 (Public Law 84-386), acquired lands and provided funds for the construction of Trinity and Lewiston Dams, features of the Central Valley Project's Trinity River

Division. Reclamation finished the construction of Trinity and Lewiston Dams in 1963.

Because of the dams’ construction, upstream anadromous fish spawning areas were rendered inaccessible. Therefore, the Trinity River Hatchery (TRH) was constructed and equipped by

Reclamation to produce juvenile salmonids which would mitigate for the loss of upstream habitat and fish production potential. The TRH produces spring- and fall-run races of Chinook Salmon

Oncorhynchus tshawytscha, steelhead O. mykiss, and the federally threatened Coho Salmon O.

kisutch. These 3 species are highly significant for economic, recreational, and cultural values of the region. Reclamation has maintained ownership of the grounds and infrastructure of the TRH and has funded California Department of Fish and Wildlife (CDFW) to operate and maintain

(O&M) TRH since the hatchery’s construction and the completion of Trinity and Lewiston Dams in 1963. Currently, the hatchery’s annual goal is to produce approximately 5 million juvenile salmonids.

2.1 RACEWAY AND CROWDER OPERATIONS

Fish are transferred from the hatchery building troughs to the concrete raceways to allow for grow out. TRH has a total of 40 cast-in-place raceways. The first 30 were built in 1987, and

10 more were added in 1990. The raceways were built in pairs and share a common center wall. Each raceway is 10 feet wide, 200 feet long, and 3.5 feet high. Screen and dam board guides are provided in the raceways for partitioning that allow the length of the rearing area to be adjusted. The partitions allow for lengths of 50, 75, 100, 150, and 200 feet. The water level within the raceways can also be adjusted using dam boards. The raceways, at a typical

2.65-foot water depth, have a total rearing volume between screens of 5,000 cubic feet

(37,400 gallons), which is the volume used by hatchery staff. Maximum flow through each raceway is limited to about 1,200 gallons per minute (gpm) at the point overtopping could occur. Typically, the raceways are operated at 643 gpm for a 100-feet long rearing area and

1,189 gpm for a 200-feet long rearing area.

The hatchery is set up to utilize three hydrologically powdered mechanical crowders for moving, transporting, and coded wire tagging operations during their grow out period. The crowders where manufactured in 1989 (#44 and #45) and 1999 (#46) to accommodate the rearing moderation that replaced the original earthen rearing ponds with concrete raceways.

The crowders were custom made to TRH raceway specifications that allow the machinery to roll on the top of the raceway wall for moving fish. They were manufactured to be lightweight with a specified width, length, and height. These specifications allow for confined transportation into the raceways by way of a forklift. Crowders must fit into raceways perfectly and securely to not only effectively crowd fish, but to ensure the safety of fish and hatchery staff during operation.

Certain times of the year require the use of multiple crowders, forcing crew(s) without a crowder to manually crowd fish. This method is very timely and labor intense for staff and can also lead to increases in fish mortalities. This can be a significant concern for TRH and their culture of ESA-listed Coho Salmon

2.2 CROWDERS CURRENT CONDITIONS

The raceway fish crowders have slipped into various states of disrepair, which has led to inefficient aquaculture practices and personal health and safety concerns. These problems put strain for TRH operations based on their two Biological Opinions (BiOps; NMFS 2018a, 2020) and a Hatchery and Genetics Management Plan (HGMP) for TRH Coho Salmon

(Reclamation and CDFW, 2017). The current state of the fish crowders do not meet the needs of the hatchery. TRH fish crowders are in need of repair to meet the increasing demands of contemporary aquaculture and bring the facility and its partners back to full operability. The main components of concern are the gaskets, gas-powered engine, hydraulics, wheels and tires, general cleanliness and maintenance, and the actuator for the screening tubes and pivots. Crowders #45 and #46 are currently inoperable due to engine and/or hydrologic failure, while Crowder #44 has been in operation with broken components.

2.2.1 Crowder 44: Crowder #44’s engine, hydraulics, and tires are currently operable, however, all 4 of the forklift’s stop wheel protectors are missing/broken, tabs that control the louvers and swivels need replacement, all 4 inner rubber guide covers for the wheels are missing, and the hydraulic fluid and filters needs to be replaced.

2.2.2 Crowder 45: Crowder #45’s engine is not operating due to a possible bad coil, broken or missing parts include a missing fuel tank, a tire (the crowder currently only has

3), all 4 of the forklift’s stop wheel protectors are missing/broken, many plastic louver swivels are missing or broken and need to be replaced, and all 4 inner guide wheel rubber are missing. Because TRH staff are unable to start the crowder’s engine, they are unable to test the hydraulic system, therefore the status to the hydraulic system is unknown, however it is implied that the fluid and filter will need to be replaced.

2.2.3 Crowder #46’s engine is operable, but the hydraulic system intermittently functions and is unreliable with occasional hydraulic pump failure. The fluid and filters will need to be replaced and serviced in addition to the repairs. Crowder #46 needs a new battery, all four wheels, four stop/wheel protectors, all new plastic louver swivels, and four inner guide wheel rubbers.

3.0 TYPE OF CONTRACT

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

4.0 ESTIMATED PERIOD OF PERFORMANCE

This project will be completed over a 12-month period following the award date. The following task performance schedules are as follows:

Deliverable per Task Schedule

Task 1 – Crowder Repair #45 Award Date + 4 months

Task 2 - Crowder Repair #44 Award Date + 8 months

Task 3 - Crowder Repair #46 Award Date + 12 months

5.0 PLACE OF PERFORMANCE

The fish crowder current locations are located as follows:

Trinity River Fish Hatchery

1000 Hatchery Road

Lewiston, CA 96052

6.0 TASKS

The contractor shall provide the parts, labor, and transportation of the 3 TRH fish crowders to return them to a fully operational and restored condition.

6.1 TASK 1

Crowder #45 shall be repaired first to allow for uninterrupted operation for hatchery employees. The crowder shall be repaired to a fully operational and restored condition. All work listed below shall be completed as needed with parts to be sourced by the contractor.

6.1.1 Replace gate hydraulic cylinder and mounting pattern.

6.1.2 Install lock valve to prevent down creeping.

6.1.3 Replace hoses.

6.1.4 Replace O-ring chain, brass bushings.

6.1.5 Replace hydraulic gauge, hydraulic valves and add new operation labels on control panel.

6.1.6 Replace drive motor, hoses, chain, midship bearing.

6.1.7 Replace hydraulic pump, electric valve, hydraulic hoses.

6.1.8 Hydraulic tank drain and clean, replace, refill with food grade oil.

6.1.9 Replace filter inlet and outlet, sight gauge, outlet internal screen and lid gasket.

6.1.10 Replace engine with 25 HP Kohler, manifold, spark arrestor, drive coupler, add oil change line with valve.

6.1.11 Replace ignition switch, harness, choke and throttle cables.

6.1.12 Replace hour meter & ammeter.

6.1.13 Replace retaining tray, with drain line and valve.

6.1.14 Repair engine housing with new hinge and lid stopper, increase access for oil filter replacement.

6.1.15 Replace gasoline tank with removable lid outlet port with valve and new fuel line.

6.1.16 Replace axle bearings, tires and guide wheels.

6.1.17 Fabricate and install forklift guards at each side of crowder.

6.1.18 Weld repairs to floor deck, screen tower safety mesh guards.

6.1.19 Crowder screen - replace screen tubes upper and lower pivots hardware, replace perimeter rubber gasket.

6.1.20 Paint all steel items forest green.

6.1.21 Includes (1 additional) sets of screen tubes and pivots.

6.2 TASK 2

Crowder #44 shall be repaired second to allow for uninterrupted operation for hatchery employees. The crowder shall be repaired to a fully operational and restored condition. All work listed below shall be completed as needed with parts to be sourced by the contractor.

6.2.1 Replace gate hydraulic cylinder and mounting pattern.

6.2.2 Install lock valve to prevent down creeping.

6.2.3 Replace hoses.

6.2.4 Replace O-ring chain, brass bushings.

6.2.5 Replace hydraulic gauge, hydraulic valves and add new operation labels on control panel.

6.2.6 Replace drive motor, hoses, chain, midship bearing.

6.2.7 Replace hydraulic pump, electric valve, hydraulic hoses.

6.2.8 Hydraulic tank drain and clean, replace, refill with food grade oil.

6.2.9 Replace filter inlet and outlet, sight gauge, outlet internal screen and lid gasket.

6.2.10 Replace engine with 25 HP Kohler, manifold, spark arrestor, drive coupler, add oil change line with valve.

6.2.11 Replace ignition switch, harness, choke and throttle cables.

6.2.12 Replace hour meter & ammeter.

6.2.13 Replace retaining tray, with drain line and valve.

6.2.14 Repair engine housing with new hinge and lid stopper, increase access for oil filter replacement.

6.2.15 Replace gasoline tank with removable lid outlet port with valve and new fuel line.

6.2.16 Replace axle bearings, tires and guide wheels.

6.2.17 Fabricate and install forklift guards at each side of crowder.

6.2.18 Weld repairs to floor deck, screen tower safety mesh guards.

6.2.19 Crowder screen - replace screen tubes upper and lower pivots hardware, replace perimeter rubber gasket.

6.2.20 Paint all steel items forest green.

6.2.21 Includes (1 additional) sets of screen tubes and pivots.

6.3 TASK 3

Crowder #46 shall be repaired lastly to a fully operational and restored condition. All work listed below shall be completed as needed with parts to be sourced by the contractor.

6.3.1 Replace gate hydraulic cylinder and mounting pattern.

6.3.2 Install lock valve to prevent down creeping.

6.3.3 Replace hoses.

6.3.4 Replace O-ring chain, brass bushings.

6.3.5 Replace hydraulic gauge, hydraulic valves and add new operation labels on control panel.

6.3.6 Replace drive motor, hoses, chain, midship bearing.

6.3.7 Replace hydraulic pump, electric valve, hydraulic hoses.

6.3.8 Hydraulic tank drain and clean, replace, refill with food grade oil.

6.3.9 Replace filter inlet and outlet, sight gauge, outlet internal screen and lid gasket.

6.3.10 Replace engine with 25 HP Kohler, manifold, spark arrestor, drive coupler, add oil change line with valve.

6.3.11 Replace ignition switch, harness, choke and throttle cables.

6.3.12 Replace hour meter & ammeter.

6.3.13 Replace retaining tray, with drain line and valve.

6.3.14 Repair engine housing with new hinge and lid stopper, increase access for oil filter replacement.

6.3.15 Replace gasoline tank with removable lid outlet port with valve and new fuel line.

6.3.16 Replace axle bearings, tires and guide wheels.

6.3.17 Fabricate and install forklift guards at each side of crowder.

6.3.18 Weld repairs to floor deck, screen tower safety mesh guards.

6.3.19 Crowder screen - replace screen tubes upper and lower pivots hardware, replace perimeter rubber gasket.

6.3.20 Paint all steel items forest green.

6.3.21 Includes (1 additional) sets of screen tubes and pivots.

6.4 TASK 4

Contractor will be responsible for providing, or arranging for, the round-trip transport of the fish crowders from fish crowder current locations to the contractor’s workshop facility and back.

This includes ensuring that all legal and safety requirements are met for the fish crowder transports. Deliveries shall be scheduled to be completed during normal business hours 8am to

4pm, Monday through Friday, excluding federally recognized holidays.

Federally recognized holidays include:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Juneteenth Day

7.0 SUBMITTALS

Documentation detailing all the work completed on each crowder and any new or rebuilt parts that were installed.

8.0 PERFORMANCE REQUIREMENTS SUMMARY

Performance Requirement

Summary

Acceptable Quality Levels Method of Surveillance

Task 1: Crowder Repair #45 100% fully operational, restored condition

Periodically monitor progress of repair; Direct observation and inspection upon completion

Task 2: Crowder Repair #44 100% fully operational, restored condition

Periodically monitor progress of repair; Direct observation and inspection upon completion

Task 3: Crowder Repair #46 100% fully operational, restored condition

Periodically monitor progress of repair; Direct observation and inspection upon completion

Round-Trip Transport 100% safe and legal round-trip transportation

Direct pre-travel observation and review upon return travel

**END OF PERFORMANCE WORK STATEMENT**

CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

Government must exercise its post-acceptance rights-

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act

( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting

Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

and

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct

EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award

Management), or applicable agency procedures.

https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34

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

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31

U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.-

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

(C) Affected line item or subline item, if applicable; and http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the

Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2

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

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

Contractor;

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

or

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law.

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

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

Government takes physical possession.

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with

31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

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

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(t) [Reserved]

(u) Unauthorized Obligations.

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

Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism

(e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the

Government or any Government authorized end user to such clause.

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

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

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

(End of clause)

ADDENDUM TO 52.212-4

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;

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)

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:

When submitting invoices to IPP, the Contractor is advised to upload supporting documentation 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.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production

Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

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.

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

(b) The Contractor will receive a copy of the written COR designation from the Contracting

Officer. It will specify the extent of the COR’s authority to act on behalf of the Contracting

Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the

Contracting Officer is authorized to determine if a change is within the scope of the contract;

therefore, the COR does not have the authority to, and may not, issue any technical direction that

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

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

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

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

(5) Interferes with the Contractors right to perform the terms and conditions of the contract.

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

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

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

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

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

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

Changes clause of the contract; or

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

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

WBR 1452.223-82 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/.

https://www.saferfederalworkforce.gov/

WBR 1452.237-80 SECURITY REQUIREMENTS--BUREAU OF RECLAMATION

(MAR 2022)

(a) General Security Requirements:

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's

Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or 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…