Sol_140R2024Q0044.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

See Schedule

CODE 16. ADMINISTERED BYCODE

X

X

X

238220

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

02/21/2024 1500 PS

02/07/2024

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

140R2024Q0044

5. SOLICITATION NUMBER

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

1 70 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

$19

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

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 Northern California Area Officer (NCAO) Heating, Ventilation, and Air Conditioning (HVAC) Call-When-Needed (CWN) Repair Services

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Steven Teves

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

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. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

PLEASE DO NOT USE THIS FORM TO SUBMIT

QUOTES/PRICING

PLEASE SEE THE FOLLOWING COMBINED

SYNOPSIS/SOLICITATION DOCUMENT

DIRECT ALL QUESTIONS TO STEVEN TEVES AT

STEVES@USBR.GOV

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

70 2 of

140R2024Q0044 NCAO HVAC CWN Repair Services

Solicitation # 140R2024Q0044

COMBINED SYNOPSIS/SOLICITATION

Northern California Area Office (NCAO)

HVAC CWN 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 140R2024Q0014 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2024-02 (01/22/2024).

GENERAL INFORMATION

RFQ Number: 140R2024Q0044

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

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

North American Industry Classification Code

(NAICS): 238220

Size

Standard: $19.0 M

The Government will award items based on comparative evaluation of quotes: Technical Approach, Past

Performance, Prior Experience, and Price.

Site Visit:

A formal site visit is not planned for this requirement.

Quote Due Date:

Quote Submission:

February 21, 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 February 14, 2024 @ 10:00 a.m. PST.

mailto:steves@usbr.gov

QUOTER INFORMATION:

Business Name: _______________________________

SAM Unique ID or Cage Code: ______________________

QUOTE PRICING SCHEDULE:

Base Year: 2024 - 2025

CLIN Description Unit Estimated Qty. Unit Price Total Price

0010 HVAC Service Call - Diagnosis EA 52 $ $

0020 Repair Work - Labor HR 416 $ $

Subtotal:$___________

Option Year #1: 2025 - 2026

CLIN Description Unit Estimated Qty. Unit Price Total Price

0030 HVAC Service Call - Diagnosis EA 52 $ $

0040 Repair Work - Labor HR 416 $ $

Option Year #2: 2026 - 2027

CLIN Description Unit Estimated Qty. Unit Price Total Price

0050 HVAC Service Call - Diagnosis EA 52 $ $

0060 Repair Work - Labor HR 416 $ $

Option Year #3: 2027 - 2028

CLIN Description Unit Estimated Qty. Unit Price Total Price

0070 HVAC Service Call - Diagnosis EA 52 $ $

0080 Repair Work - Labor HR 416 $ $

Option Year #4: 2028 – 2029

CLIN Description Unit Estimated Qty. Unit Price Total Price

0090 HVAC Service Call – Diagnosis EA 52 $ $

0100 Repair Work – Labor HR 416 $ $

Subtotal:$__________

GRAND TOTAL $___________

QUOTE/PRICING SCHEDULE

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

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

Quoters are required to submit a quote on all contract line-item numbers to be considered for an award.

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

Refer to Provision 52.212-1 Addendum, Quote Submittal Instructions (page 41-42), for further instructions.

Documents necessary for quote submission are as follows:

1. Completed and signed quote pricing schedule (see signature line below)

2. Technical Approach document (see evaluation criteria at 52.212-2, page 42-43)

3. Key Personnel document (see evaluation criteria at 52.212-2, page 42-43)

4. Past Performance document (see evaluation criteria at 52.212-2, page 42-43)

5. Prior Experience document (see evaluation criteria at 52.212-2, page 42-43)

6. 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 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 BACKGROUND

Bureau of Reclamation Plant Mechanics and Electricians are limited in their ability to perform HVAC repairs because they do not have the required EPA certifications to check, install, or recover refrigerants.

Any device such as a fan speed controller that has a refrigerant charge or is connected to a refrigerant source requires expertise by a qualified HVAC technician to effect repairs.

2.0 SCOPE

Provide HVAC repair and modification services as needed at the Bureau of Reclamation, Northern

California Area Office (NCAO) buildings. Required facility addresses in NCAO are listed in Attachment

1. The HVAC units that serve the previously mentioned facilities range from ½ ton to 40 tons of refrigerant capacity, and most are heat pumps. Although many of the heat-pumps are residential-like units, the facilities on site are commercial facilities. Additionally, some of the units are large, industrial commercial units. No natural gas is available on site.

Work includes, but is not limited to, repair, replacement, and/or modification of motors, belts, relays, capacitors, control devices, compressors, expansion valves, reversing valves, proportional valves, condensers, evaporators, installation and recovery of refrigerants, and any other actions necessary to restore a heat pump, ventilating unit, heater, or AC unit to normal operation. It is not the intention of this contract to provide periodic maintenance on any of the HVAC units. However, condenser coil cleaning and replacement of filters during the course of a repair would be considered incidental work necessary to restoring the unit to normal and reliable operation.

The contractor shall provide a proposal for each repair and breakout the labor, material, and any equipment rental costs for the Government’s review and approval prior to any materials being ordered or work beginning on site. The Contractor shall include a flat-rate fee per service call during normal business hours. During these service calls, the Contractor will determine the scope of the problem and provide an estimate for the necessary repairs.

Normally, the contractor shall be responsible to order all of the correct materials and provide all labor and equipment for each repair. There may be an occasion when the Government has a special part on hand that would expedite repairs versus ordering separately. This would be only by exception as approved by the Contracting Officer’s Representative (COR) and Contracting Officer (CO). The contractor shall invoice at the conclusion of a repair and the invoice will match the proposal unless amended and approved by the (CO).

3.0 TYPE OF CONTRACT

The Government will award an unpriced purchase order for this requirement. A total dollar amount of the base and option years (if exercised) will be obligated, with each diagnosis and service request dollar amount drawing down from the applicable contract line item number.

3.1 PURCHASE ORDER ADMINISTRATION

Administration of this order will be the Contracting Officer’s Representative (COR) appointed by the

Contracting Officer (CO). All HVAC diagnosis calls and planned repairs will be coordinated with the

COR (see paragraph 9.0, Tasks and Deliverables, for further information).

4.0 PERIOD OF PERFORMANCE

The period of performance shall be for 5 years (base year + 4 option years). The period of performance shall be as follows:

Base Year 03/25/2024 to 03/24/2025

Option Year 1 03/25/2025 to 03/24/2026

Option Year 2 03/25/2026 to 03/24/2027

Option Year 3 03/25/2027 to 03/24/2028

Option Year 4 03/25/2028 to 03/24/2029

5.0 HOURS OF OPERATION

The contractor is responsible for conducting business as stipulated below except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government-directed facility closings.

Normal business hours are Monday – Friday, 7:00 a.m. to 5:00 p.m. except Federal holidays. Through the approval of contracting officer representative (COR) and contracting officer (CO) work can be performed on weekends, after normal business hours, or on Federal holidays.

5.1 RECOGNIZED HOLIDAYS

No work shall occur during Federal holidays unless emergency repairs are needed and as authorized by the COR and CO.

Federal Holidays:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Juneteenth National Independence Day Christmas Day

Independence Day

6.0 PLACE OF PERFORMANCE

Provide HVAC repair services as needed at the Bureau of Reclamation NCAO facilities listed in

Attachment 1 – NCAO HVAC Facilities Listings and Attachment 2 – NCAO HVAC Facility Diagrams.

6.1 SECURITY

(a) Contractor Security Requirements: The contract solicitation may delineate any applicable specific contractor security requirements. As such, contractor personnel performing work under this contract must meet the required security requirements at time of the proposal submission and must maintain the level of security required for the life of the contract. The contractor shall coordinate access for personnel, materials, and equipment with the COR prior to coming on-site for an initial assessment/call-out or for the actual repair action.

Because work under this contract will be sporadic, the COR will provide 100% escort anytime contractor personnel are on site. The COR will need the names, company names, position of each individual and dates and times each individual is expected on-site at least 24 hours prior to any planned repair or as soon as possible regarding call-outs.

(b) Site Security: Because of the anticipated sporadic and limited duration repair actions, contractor storage areas should not be required. The Government shall not be liable for any tools, equipment, or materials left on-site temporarily or otherwise.

The contractor shall be responsible for safeguarding all government equipment, information, and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

6.2 SITE VISIT(S)

The COR will provide 100% escort anytime contractor personnel are on site.

6.3 PROTECTION OF EXISTING FACILITIES AND ENVIRONMENT

The contractor shall be responsible to protect all work areas under their purview and surrounding areas from any harm or damage. The contractor shall repair, clean, or remediate any damages caused at their expense.

6.4 SITE SAFETY AND JOB HAZARD ANALYSES (JHA)

(a) The contractor shall be responsible to ensure safety at all times on-site in compliance with OSHA and Reclamation Safety and Health Standards (RSHS) whichever is more stringent.

(http://www.usbr.gov/ssle/safety/RSHS/rshs.html) At a minimum, a Job Hazardous Analysis

(JHA) shall be written and discussed with all parties present prior to any work beginning on-site.

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

See Sections 3 and 4 of the RSHS for specific requirements. Each participant shall sign the JHA, and the COR shall make and distribute copies.

• Work within and adjacent to external features associated with Shasta Dam and Kewsick

Dam, Power Plants: These facilities are subject to Facility Instruction Standards and

Techniques 1-1, (FIST 1-1), Hazardous Energy Control Program (HECP), (https://www.usbr.gov/power/data/fist_pub.html). Effectively, FIST 1-1 outlines the safety and lockout – tag out procedures associated with any hazardous energy as a result of a repair action in the above facilities. Administratively, a Special Work Permit under HECP must be issued before any work can proceed under a clearance within Shasta Power Plant for example. The

Special Work Permit is equivalent to a Notice to Proceed and the COR will provide all coordination and issue the Special Work Permit to the contractor. See above link for more information.

7.0 GOVERNMENT-FURNISHED PROPERTY/EQUIPMENT

See applicable information under 5.4 Security above. Normally, the contractor shall provide all equipment necessary to perform the work. However, there could be some unique access situations or other compelling reasons where it is prudent for Reclamation to assist the contractor. This would be only by exception and as approved by the COR and CO.

7.1 UTILITIES

Generally, nearby restroom facilities are available at the project locations for the contractor’s use.

120VAC power is generally available at the project locations. Based on the initial call-out, the contractor shall determine any utility needs and, for example, provide a portable generator that is required to perform the work at that specific location. Contractor is responsible to provide their own bottled water and similar basic necessities for their personnel.

8.0 CONTRACTOR KEY PERSONNEL AND QUALIFICATIONS

The work shall be accomplished by a firm and personnel with a minimum of 3 years of direct experience in providing the services described herein. The Contractor must have experience working with Variable

Refrigerant Flow (VRF) or Variable Refrigerant Volume (VRV) systems.

9.0 TASKS AND DELIVERABLES

9.1 HVAC CWN DIAGNOSIS CALLS

Provide call-when-needed HVAC diagnosis calls within 36 hours during normal business hours

(Monday-Friday, 7:00 a.m. to 5:00 p.m.) at the Bureau of Reclamation locations listed in

Attachment 1 – NCAO HVAC Facility Address Listings.

https://www.usbr.gov/power/data/fist_pub.html

9.2 HVAC CWN PLANNED REPAIRS

Provide call-when-needed HVAC planned repair services at the Bureau of Reclamation locations listed in Attachment 1 – NCAO HVAC Facility Address Listings. Provide all labor, materials, equipment, and services necessary to restore an HVAC or HVAC units to fully operational condition. Services for planned repairs shall start work within 24 hours during normal business hours (Monday-Friday, 7:00 a.m. to 5:00 p.m.) pending receipt of repair parts.

9.3 OPERATION & MAINTENANCE (O&M) DOCUMENTS

The contractor shall provide O&M manuals, manufacture warranty data, and other technical data to the COR for any new equipment/devices installed on site as a result of a repair action and within 5 business days following the repair action. Additionally, provide any manufacture warranty data of any replaced equipment.

10.0 APPLICABLE PUBLICATIONS/STANDARDS

10.1 Repairs shall comply with all applicable local, state, and federal laws/regulations/codes, industry standard practices, and device/equipment manufacturer instructions and specifications. If standards or codes conflict, the contractor shall comply with the more stringent of the standards or codes.

10.2 Reclamation Safety and Health Standards (RSHS), (latest version):

10.3 Latest versions of the NEC/NFPA 70, and applicable ASHRAE standards.

10.4 FIST 1-1, Hazardous Energy Control Program (HECP),

11.0 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Performance Requirement

Summary (PRS)

Acceptable Quality Level Surveillance Method

Provide call-when-needed HVAC

Diagnosis calls at identified

NCAO locations (PWS 10.1)

Timeliness: Response to HVAC diagnosis calls within 36 hours during normal business hours (M-F, 7:00 am to 5:00 pm).

COR surveillance: On-site observation

Provide call-when-needed HVAC repair services at identified

NCAO locations (PWS 10.2)

Timeliness: Call-when-needed repair services shall be performed within 24 hours during normal business hours (M-F, 7:00 am to 5:00 pm) pending receipt of repair parts.

COR Surveillance: On-site observation

Provide O&M Documents for Deliverable: Provide Operation and Within 5 business days any new equipment/devices within 5 business days following the repair action. Provide any manufacture warranty data of any replaced equipment.

Maintenance Manuals, manufacture warranty data & other technical data for any new equipment/devices installed as a result of any repair action.

following the repair action.

**END OF PERFORMANCE WORK STATEMENT**

ATTACHMENTS

Attachment 1 – NCAO HVAC Facilities Address Listings

Attachment 2 – NCAO HVAC Facility Diagrams

Attachment 3 – Wage Determination 2015-5627, Revision No. 19, 12-26-2023 (Shasta County)

Attachment 4 – Wage Determination 2015-5677, Revision No. 23, 12-26-2023 (Trinity County)

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 occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for

Award Management), or applicable agency procedures.

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

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

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

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

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

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

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

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

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

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

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

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

(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;

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-33#FAR_33_211

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(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 https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2 for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

(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.

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

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

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

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

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

(End of clause)

ADDENDUM TO 52.212-4

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days.

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

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

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

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.

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.

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

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.

DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(DEC 2015)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor

Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information

Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

(e) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

(a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

(b) Your comments should focus on objective facts in the AO's narrative and should provide http://www.cpars.gov/ http://www.cpars.gov/ your views on the causes and ramifications of the assessed performance.

(c) All information provided should be reviewed for accuracy prior to submission.

(d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

(e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

(f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

(f) The following guidelines apply concerning your use of the past performance evaluation:

(a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

(b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Local Clause)

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

LIMITATIONS -- BUREAU OF RECLAMATION (MAY 2018)

(a) Performance of the work under this contract shall be subject to the technical direction of the

Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

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

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

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

Government.

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

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

Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

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

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

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

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

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

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

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the

COR in the manner prescribed by this clause and within its authority under the provisions of this clause.

If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must –

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

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

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

WBR 1452.223-81 SAFEY AND HEALTH –…