Sol_140R2025Q0016.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

561990

SIZE STANDARD:

% 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

02/26/2025 1400 PS

02/12/2025

9169785149Taylor Radford (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R2025Q0016

5. SOLICITATION NUMBER

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

1 64 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

$16.5

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 Period of Performance: 03/17/2025 to 03/16/2030

(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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

64 2 of

Solicitation Number: 140R2025Q0016 NCAO Confined Space Services BPA

140R2025Q0016

COMBINED SYNOPSIS/SOLICITATION

Northern California Area Office (NCAO)

CONFINED SPACE RESCUE SERVICES

BLANKET PURCHASE AGREEMENT (BPA)

This is a combined synopsis/solicitation for commercial products or services prepared in accordance with the format in Subpart 12.6, as supplemented with FAR Part 13.5 and additional information included in this notice. The Bureau of Reclamation intends to award up to three (3) Firm Fixed Price, Blanket Purchase Agreements in response to this solicitation. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement is being solicited as 100% Set Aside for Small Business and will be awarded on a Best Value Basis in accordance with FAR 13.106- 1(a)(2).

Solicitation number 140R2025Q0016 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. They may be accessed in full text at the following websites:

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

GENERAL INFORMATION

RFQ Number: 140R2025Q0016

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

Attachments:

Attachment 1 – Federal OSHA 29 CFR 1910.146 Attachment 2 – NCAO Confined Space Locations Attachment 3 – Typical Confined Space Entrance Pictures Attachment 4 – Wage Determination, Shasta Co., 2015-5627, Rev. 22 Attachment 5 – Wage Determination, Trinity Co., 2015-5677, Rev. 26

North American Industry Classification Code (NAICS): 561990 Size Standard: $16.5 Million

Quote Due Date:

Quote Submission:

26 February 2025

1400 PST

By email to tradford@usbr.gov

Contact Information: Taylor Radford Phone Number/Email: 916-978-5149 / tradford@usbr.gov

Request for Information: All questions regarding this solicitation should be emailed to tradford@usbr.gov no later than 19 February 2025 @ 1000 PST.

https://www.acquisition.gov/diar mailto:tradford@usbr.gov mailto:tradford@usbr.gov

QUOTE PRICING SCHEDULE

Line Item

Task Description Unit of

Issue

Unit Price

0000 The contractor shall provide the services of a properly trained confined space rescue team, with self-contained breathing apparatus (SCBA) and appropriate rescue within permit required confined spaces. For evaluation purposes, the quotes fully burden hourly rate shall include a three (3) man rescue team.

00010 Confined Space Service – Shasta Power Plant

PWS 8.1.1 – Confined Space Rescue Services;

PWS 8.1.2 – Provide appropriate equipment;

PWS 8.1.3 – Confined Space Rescue Plan

Hour $___________ 2025-2026 (Year 1)

$___________ 2026-2027 (Year 2)

$___________ 2027-2028 (Year 3)

$___________ 2028-2029 (Year 4)

$___________ 2029-2030 (Year 5)

$___________ SUBTOTAL

00020 Confined Space Service – Keswick Power Plant

PWS 8.1.1 – Confined Space Rescue Services;

PWS 8.1.2 – Provide appropriate equipment;

PWS 8.1.3 – Confined Space Rescue Plan

Hour $___________ 2025-2026 (Year 1)

$___________ 2026-2027 (Year 2)

$___________ 2027-2028 (Year 3)

$___________ 2028-2029 (Year 4)

00030 Confined Space Service – Spring Creek Power Plant

PWS 8.1.1 – Confined Space Rescue Services;

PWS 8.1.2 – Provide appropriate equipment;

PWS 8.1.3 – Confined Space Rescue Plan

Hour $___________ 2025-2026 (Year 1)

$___________ 2026-2027 (Year 2)

$___________ 2027-2028 (Year 3)

$___________ 2028-2029 (Year 4)

00040 Confined Space Service – JF Carr Power Plant

PWS 8.1.1 – Confined Space Rescue Services;

PWS 8.1.2 – Provide appropriate equipment;

PWS 8.1.3 – Confined Space Rescue Plan

Hour $___________ 2025-2026 (Year 1)

$___________ 2026-2027 (Year 2)

$___________ 2027-2028 (Year 3)

$___________ 2028-2029 (Year 4)

00050 Confined Space

Service – Trinity Power Plant

PWS 8.1.1 – Confined Space Rescue Services;

PWS 8.1.2 – Provide appropriate equipment;

PWS 8.1.3 – Confined Space Rescue Plan

Hour $___________ 2025-2026 (Year 1)

$___________ 2026-2027 (Year 2)

$___________ 2027-2028 (Year 3)

$___________ 2028-2029 (Year 4)

GRAND TOTAL $____________________

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

Quoter’s Business Information:

Business Name: ______________________________________

Authorized Agent’s Signature/Date: _________________________________

DUNS Number: ____________________

Tax ID Number: ___________________________

Business Size (select one): Large Small

Please see further instructions for quote submission under Provision 52.212-1 Addendum and 52.212-2 on pages 35 and 36, respectively, of this document.

Documents necessary for proposal submission are as follows:

1. Completed and signed Page 2-4, Quote Pricing Schedule and Business Information

2. Technical Proposal – Technical Approach document & Past Performance document

3. Price Proposal – Provide a fully burden hourly rate for each contract line-item number. For evaluation purposes the fully burden hourly rates shall include a three (3) man team. Documentation shall be submitted with quote that provides details on how fully burden hourly rates were developed.

4. Completed Rep and Cert FAR 52.209-7 (page 60)

5. Completes Reps and Certs FAR 52.212-3(b)(2), if applicable (Page 42)

PERFORMANCE WORK STATEMENT

CONFINED SPACE RESCUE TEAM SERVICES BPA

1.0 BACKGROUND

The Northern California Area Office (NCAO) has a need to perform maintenance in permit required confined spaces. NCAO does not have the staff to perform in-space rescue for these permit required confined spaces.

2.0 SCOPE

2.1 The scope of work includes providing the services of a properly trained confined space rescue team, with self-contained breathing apparatus (SCBA) and appropriate rescue equipment to enable an in-space rescue within permit required confined spaces at NCAO (see Attachment 2 for a list of NCAO confined space locations).

2.2 Out-of-space rescue may be required when it is appropriate for certain locations and work situations.

3.0 OBJECTIVES

The objective is to perform on-site stand-by and in-space rescue services in compliance with applicable Federal Occupational Safety and Health Agency (OSHA) standards while a Government employee(s) is performing work within a confined space.

4.0 ADMINISTRATIVE REQUIREMENTS

4.1 Type of Contract

4.1.1 Blanket Purchase Agreement (BPA) in accordance with FAR 13.303.

4.2 Payment: Firm-Fixed Price

4.2.1 For Services Rendered:

4.2.1.1 Payment to be made at hourly rate quoted for providing the services of a

Confined Space Rescue Team, fully trained and fully equipped to execute an in-space or out-of-space rescue as may be appropriate.

4.2.1.2 Hourly rate quoted includes round trip travel for team members and all necessary rescue equipment.

4.2.1.3 Hourly rate quoted includes preparation of written confined space rescue plan upon request.

4.3 BPA Administration

4.3.1 Administration of this contract will be by the Contracting Officer’s Representative (COR) appointed by the Contracting Officer (CO).

4.3.2 Contractor communication and coordination of work will be through the Contracting Officer’s Representative.

4.3.3 BPA Caller will contact the Contractor to schedule the required confined space rescue services.

4.3.4 BPA Caller will identify location, type of confined space, and if a written confined space rescue plan is required.

4.4 BPA Ordering Process

4.4.1 As requirements are determined by the Government to be appropriate for ordering under this BPA materialize, the Government may issue Requests for Quotations (RFQs) to the BPA holder(s). The RFQ may include the following:

4.4.1.1 Describing the services being purchased.

4.4.1.2 Any special contractual requirements that will apply to the call, to include requirements for services, pricing for services and schedule for services.

4.4.1.3 Quote preparation and related instructions.

4.4.2 The BPA Call Procedure

4.4.2.1 Ordering Offices: The Northern California Area Office and the Bureau of

Reclamation’s California Great Basin Region.

4.4.2.2 Procedure: As requirements are determined by the Government to be appropriate for ordering under this BPA materialize the following shall take place:

a. If the requirement is below the micro purchase threshold amount, then the

BPA Calls shall be rotated amongst the established BPA Holder(s).

b. If the requirement is above the micro purchase threshold amount, then the BPA Calls shall be competed amongst the established BPA Holder(s). The Government would issue Requests for Quotations (RFQs) to the BPA Holder(s). The RFQ may include the following:

1) a Performance Work Statement describing the work to be performed

2) any special contractual requirements that will apply to the call, to include performance schedules

3) quotation preparation and submittal instructions.

4.4.2.3 Authorized Callers: All orders for services under the micro purchase threshold of $2,500.00 are authorized for purchase by an authorized credit card holder for the Bureau of Reclamation. Purchases over $2,500.00 require authorization by the designated CO. There will be one (1) designated personnel to place calls against this BPA:

Tina Storrey, NCAO tstorrey@usbr.gov 530-227-8522 mailto:tstorrey@usbr.gov

4.4.3 BPA Minimums and Maximums: The Government is obligated only to the extent of authorized purchases actually made under this BPA. On conditions of sale other than as specified herein, or as may be mutually agreed to for a specific order, shall be applicable to purchases made under this BPA. No work is guaranteed under a BPA. Therefore, there is no minimum dollar value of work that will be ordered by the Government under this BPA. The maximum dollar value for this BPA will be $650,000.00 for a total of five (5) years.

4.4.3.1 BPA Ordering Limitations: Each call issued under this BPA will be an amount not exceeding $25,000.00.

4.4.4 Invoices: See clause 52.212-04(g) Invoices and DOI-AAAP-0028 Electronic Invoicing and Payment Requirements – Invoice Processing Platform. Invoices shall be submitted to the designated ordering POC and shall contain the following information:

• Name of the Service Provider

• BPA Number

• Date of Purchase

• BPA Call Number

• Description of Services Performed

• Date(s) of Service

• Legible signature of Government employee accepting Services.

4.4.4.1 A summary invoice shall be submitted at least monthly or upon expiration of this

BPA, whichever occurs first, for all services made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

5.0 PERIOD OF PERFORMANCE

5.1 Each call placed under the BPA will have a separate period of performance. Once a BPA Holder has accepted a call, the call and the period of performance are contractually binding.

5.2 BPA Term: This BPA will be valid for 5 years from the date of award unless party to this agreement request earlier discontinuation of this agreement. Should either party request its discontinuation, the request will be honored effective upon acceptance of all previously ordered items. Upon receipt of a request for discontinuation of this BPA no new calls will be place with the BPA holder.

6.0 PLACE OF PERFORMANCE

6.1 Project Location

6.1.1 The confined spaces are located within the hydro-electric power plants owned and operated by the Bureau of Reclamation at the Northern California Area Office.

6.1.1.1 Maintenance is performed within generator air housings, turbine scroll cases, turbine draft tubes, and penstock/water conduits, which constitute the primary areas where confined space rescue services are required.

a. See Attachment 2 for addresses and Attachment 3 for photos of the primary confined locations.

b. Less frequently entered confined spaces include plant drainage sumps, waste sumps, and other similar locations.

6.2 Working Days/Hours: Confined Space Rescue Services are to be provided on site between the hours of 8:00am and 4:00pm, Monday through Friday.

7.0 SECURITY

NCAO power plants and dams are secure facilities and photo identification is required to obtain a contractor’s badge to access the locations of the confined spaces.

8.0 TASKS

8.1 When contacted by the CO or the BPA Caller to provide confined space rescue services:

8.1.1 Provide the appropriate confined space rescue services for the identified confined space, its location, known hazards within the confined space and for the type of work activities to be performed by Government employee(s).

8.1.2 Provide the appropriate confined space rescue equipment and trained personnel.

8.1.3 Provide a confined space rescue plan, when requested.

9.0 DELIVERY TICKETS: All services provided under this BPA shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information. One copy of this delivery ticket shall be sent to the ordering official and one copy to the Contracting Officer of this award:

• Name of the Contractor

• BPA Number

• Date of Purchase

• BPA Call Number

• Itemized list of services

• Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information)

• Date service was provided

10.0 SAFETY

10.1 Confined Space Rescue Services

10.1.1 The Confined Space Rescue Services are to be performed in compliance with the following (see Attachment 1 for further details):

• Federal OSHA 29 CFR 1910.146

10.2 Safety Plan and Confined Space Rescue Plan

10.2.1 It may be necessary, depending upon the complexity of the work, for the Rescue Team

Leader to provide upon request a written site safety plan and confined space rescue plan to establish written procedures in the event of an emergency. This activity is to be included in the price quoted for the hourly rate for rescue services.

11.0 PERFORMANCE ASSESSMENT PLAN

11.1 Monitoring Performance: During the evaluation period, the COR will track Contractor performance. Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the Contractor’s performance during the period being evaluated. At the end of the period, the COR will assess the Contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP) and report to the Contracting Officer.

11.2 Contractor Self-Assessment: Following each evaluation period, the Contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted no later than five (5) working days after the end of each evaluation period. The self-evaluation shall not exceed one (1) page per PRS element. The self-assessment shall address both the strengths and weaknesses of the Contractor’s performance during the evaluation period. Where deficiencies in performance are noted, the Contractor shall describe the actions planned or taken to correct such deficiencies and avoid their recurrence. The self-assessment itself will NOT be the basis for the Disincentives determination.

11.3 COR Recommendation: The COR will consider all evaluations and any other pertinent information, including Contractor self-assessment, and will prepare a report to the Contracting Officer with findings and recommendations. The Contractor will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual errors. The COR’s draft recommendation is not subject to negotiation and the COR will not engage in discussions with the Contractor. Any errors identified by the Contractor will be addressed by the COR in its final report. The Contractor will be provided a copy of the final COR report at the same time the report is submitted to the Contracting Officer.

11.4 Payment Determination: The Contracting Officer may meet with the COR to discuss the COR’s report. The Contracting Officer will make a final determination in writing as to the percentage of work successfully completed, and the resulting payment to be made. A copy of the determination will be provided to the Contractor no later than 45 calendar days after the end of the period being evaluated. All Contracting Officer decisions regarding Disincentives are unilateral decisions made solely at the discretion of the Government.

11.5 Deduction: Notwithstanding any other clause of the contract, deduction of the Disincentive will be made within the later of the 60 days after the end of the evaluation period or the 30 days after receipt of an approved invoice.

11.6 The Quality Assurance Surveillance Plan is one evaluation method the Government uses to perform surveillance to determine whether the Contractor meets the standards of the performance as defined in the PWS. The absence of a QASP for a contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the Governments under any other provision of the contract in determining the quality of the Contractor performance.

12.0 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

This plan may be unilaterally adjusted by the Government to accommodate changing conditions through the life of the contract.

Performance Requirement/Description

Acceptable Quality Levels Method of Surveillance

Performance Work Statement

8.1.1 Confined Space Rescue

Services

Timeliness – Response times to rescue summons shall be in a timely manner. What is considered a timely manner will vary according to the specific hazards involved in each entry.

Responses shall be considered timely 90% of the time.

Quality – Contractor shall comply with the Performance Work Statement requirements 100% of the time.

COR or designee to provide on-site observations of response times and performance.

Performance Work Statement

8.1.2 Appropriate confined

space rescue equipment and trained personnel

Appropriate personal protective equipment (PPE), retrieval equipment, and trained personnel shall be provided 100% of the time for rescue summons.

COR or designee to perform spot checks of required PPE, retrieval equipment, and trained personnel (e.g. current CPR/first aid certificate).

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

(g) Invoice.

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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

(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/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_212_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7109&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7109&num=0&edition=prelim 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 https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2 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. 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.

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(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---

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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim 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)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

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

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

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(MAR 2023)

52.242-13 BANKRUPTCY (JUL1995)

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

PROCESSING PLATFORM (IPP) (FEB 2021)

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 St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

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

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

(End of Local Clause)

DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC

2015)

1) 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.

2) 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.

3) 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.

4) 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/.

5) 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 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.

http://www.cpars.gov/ http://www.cpars.gov/

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."

6) 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.

7) 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.

8) 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…