Sol_140R3024R0027.pdf
PDF 675 KB Posted
- Attached to
- Three Links/Cook's Lake O&M Federal contract opportunity
- Solicitation number
- 140R3024R0027
About this file
This document is a Request for Proposal (RFP) for a single indefinite-delivery, indefinite-quantity (IDIQ) contract to provide conservation easement monitoring/management services for the Three Links Farm Property near Benson, Arizona, and perimeter maintenance and trail maintenance for Cook's Lake Conservation Area in Pinal County, Arizona.
The contract will be a hybrid of firm-fixed-price and time-and-materials CLINs, with a 5-year ordering period. The requirement is set aside for Indian Small Business Economic Enterprise (ISBEE) businesses under NAICS code 541620. A site visit is scheduled for May 1, 2024, and proposals are due on April 25, 2024. The Government will award the contract to the responsible offeror whose proposal provides the best value based on Technical Capability, Past Performance, and Price. Offerors must demonstrate prior experience managing riparian habitats and removing trespass livestock using humane methods.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140R3024R0027_Amd_0003.pdf | ||
| CooksLakeReportDec2023_Feb2024_0003.xlsx | XLSX spreadsheet | |
| 3LKS_SemiAnnual_22_0003.pdf | ||
| 3LKS_Annual_22_0003.pdf | ||
| Attachment__No__4_-_seed_TO_-0002_0002.docx | DOCX document | |
| 140R3024R0027-0002_0002.docx | DOCX document | |
| Sol_140R3024R0027_Amd_0002.pdf | ||
| Attachment__No__1_-_PWS_combined-0002_0002.docx | DOCX document | |
| 140R30240027_Q_A_0002.pdf | ||
| Attachment_3_Price_Schedule-0002_0002.docx | DOCX document | |
| Attachment_5_ASARCO_Temporary_Access_Agreement_0001.pdf | ||
| Sol_140R3024R0027_Amd_0001.pdf | ||
| Attachment_2_Wage_Determinations.pdf | ||
| Attachment_3_Price_Schedule.docx | DOCX document | |
| Attachment_4_Seed_TO.pdf | ||
| Attachment_1_PWS_combined_final.pdf |
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Text version
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
R30
See Schedule
0004506041 CODE 16. ADMINISTERED BYCODE
X
X
541620
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORR30
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
05/24/2024 1700 PD
04/25/2024
7022938581Patricia Woodhouse (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140R3024R0027
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 34 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
99999 See Award
15. DELIVER TO
Boulder City NV 89005 500 Fir Street Regional Office Lower Colorado 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 SCHEDULEX
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 Lower Colorado Region Regional Office 500 Fir Street Boulder City NV 89005 US
NAICS: 541620
PROJECT TITLE: Three Links Farm Conservation Easement Management and Monitoring and Cook's Lake Conservation Area Maintenance
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Veronica Rodriguez
. 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.
Period of Performance: 06/03/2024 to 06/02/2029
00010 Three Links Easement Fixed-Price Management, Monitoring, and Maintenance
Product/Service Code: F999
Product/Service Description: OTHER ENVIRONMENTAL
SERVICES
00020 Three Links Time-and-Materials Major Repairs and
Livestock Removal
Product/Service Code: F999
Product/Service Description: OTHER ENVIRONMENTAL
SERVICES
00030 Travel, Three Links, in accordance with WBR
1452.231-80 REIMBURSEMENT OF TRAVEL EXPENSES
Time and Materials CLIN
Product/Service Code: F999
Product/Service Description: OTHER ENVIRONMENTAL
SERVICES
00040 Cook's Lake Conservation Area Fixed-Price
Operations and Maintenance
Product/Service Code: F999
Product/Service Description: OTHER ENVIRONMENTAL
SERVICES
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
34 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 34
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140R3024R0027
00050 Cook's Lake Time-and-Materials Major Repairs and
Livestock Removal
Product/Service Code: F999
Product/Service Description: OTHER ENVIRONMENTAL
SERVICES
00060 Cook's Lake Fixed-Price Erosion Cut Repairs
Product/Service Code: F999
Product/Service Description: OTHER ENVIRONMENTAL
SERVICES
00070 Travel, Cook's Lake, in accordance with WBR
1452.231-80 REIMBURSEMENT OF TRAVEL EXPENSES
Time and Materials CLIN
Product/Service Code: F999
Product/Service Description: OTHER ENVIRONMENTAL
SERVICES
Points of Contact:
Vendor: TBD
Contracting Officer's Representative: TBD
Contract Specialist: Patricia Woodhouse, pwoodhouse@usbr.gov, 702-293-8581
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
140R3024R0027 Page 4 of 34
Part B – CONTINUATION OF BLOCKS FROM SF-1449
B.1 This acquisition is set aside for Indian Small Business Economic Enterprise (ISBEE) businesses.
B.2 Method of Acquisition: This acquisition is issued as a request for quotation and will be awarded in accordance with FAR Part 12 and FAR Subpart 13.5.
B.3 Period of Performance: This requirement has an approximate 10-month period of performance after receipt of award with an anticipated award of 3 June 2024 with a five (5) year ordering period.
B.4 The Government anticipates award of an indefinite-delivery, indefinite-quantity (IDIQ) contract with fixed-price and time-and-materials CLINs.
B.5
CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE
The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.
CLIN MINIMUM
AMOUNT
MAXIMUM
AMOUNT
00010 $2,500.00 TBD
00020 $0.00 TBD
00030 $0.00 TBD
00040 $0.00 TBD
00050 $0.00 TBD
00060 $0.00 TBD
00070 $0.00 TBD
B.6 Government Administration Personnel
The Contract Specialist responsible for overall administration of this requirement is:
Patricia Woodhouse, Contract Specialist Bureau of Reclamation, Lower Colorado Basin Regional Office 500 Fir Street Boulder City, NV 89005 Telephone No.: 702-293-8581 E-mail: pwoodhouse@usbr.gov
The Contracting Officer responsible for this requirement is:
Veronica Rodriguez, Contracting Officer Bureau of Reclamation, Yuma Area Office 7301 Calle Agua Salada Yuma, AZ 85364 Telephone No.: 928-343-8266 E-mail: vrodriguez@usbr.gov mailto:pwoodhouse@usbr.gov mailto:vrodriguez@usbr.gov
140R3024R0027 Page 5 of 34
B.7 Contractor’s Administration Personnel Name:
Title:
Address:
City/State/ZIP:
Telephone No:
E-mail:
Unique Entity Identifier (UEI):
CAGE code:
B.8 Submission of Invoices.
Submit invoices in accordance with DOI-AAAP-0028 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP).
PRESOLICITATION SITE VISIT. The site visit to one of the survey areas is scheduled for 1 May 2024, 9:00 a.m. PDT.
Please register for the site visit by noon on 26 April 2024 by e-mailing Patricia Woodhouse at pwoodhouse@usbr.gov.
Include the RFP number (140R3024R0027) and the words “site visit” in the subject line. Meeting location information will be provided upon registration. If no registrations are received from interested parties, the site visit will be cancelled.
Offerors are urged and expected to inspect the site where work is to be performed and to satisfy themselves regarding all general and local conditions that may affect the price of the work to be performed, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitutes grounds for a claim after award of contract.
B.9 Any questions regarding this procurement shall be sent electronically to Patricia Woodhouse at pwoodhouse@usbr.gov with the subject line “Three Links/Cook’s Lake RFP 140R3024R0027 Questions” by 5:00 p.m.
PDT on 10 May 2024. In posing questions, Contractors must cite the relevant RFP section and page number. Questions should be written in a manner that enables clear understanding of the Contractor’s questions or concerns. Contractors are reminded that the Government will not address hypothetical questions aimed at receiving a potential “evaluation decision.”
Written answers will be provided via solicitation amendment to all prospective Contractors, giving due regard to the proper protection of proprietary information and anonymity.
B.10 Task Order Procedures.
1. Task Ordering. All work under this contract shall be performed in response to task orders to be issued as specific needs are identified. See the applicable contract clauses for detailed task ordering requirements and procedures.
2. Task Order Requests and Quotations. The Contracting Officer or her or his authorized representative will provide the contractor with a description of the services to be provided for any work request. The contractor shall then furnish a priced quote or proposal to the Contracting Officer, in accordance with the requirements of this contract, for each work item requested and provide in the quote/proposal an estimate of the period of performance, a completion date, and milestones.
Except where otherwise authorized by the Contracting Officer, the Contractor shall provide this quote within 10 business days of receiving the scope of work of the proposed task order, or within the required reporting timeframe cited by the task when responding on an urgent or emergency basis.
3. Task Order Limitations. The Government’s intent is to issue firm-fixed-price task orders whenever practicable; however, in some cases, task orders may be include time-and-materials CLINs.
4. Quotation/Proposal Development and Content. The contractor’s quote/proposal shall be supported by the necessary documentation to allow price analysis by the Government. The quoted/proposed price shall be based on the established labor rates for services and personnel incorporated in the contract Price Schedule for the ordering period of the task order performance; and shall clearly identify and explain any identified services, material, equipment, and subcontractor costs not already incorporated in the Price Schedule.
5. Task Order Execution. The Government will review the quote for completeness and may negotiate the task price with the contractor. The Contracting Officer will then issue task orders in accordance with procedures and standards described in the clauses of this base contract. The Contractor shall commence any mobilization, familiarization, or subcontracting activities prior to actual work on individual task orders as soon after task order award as practicable. The contractor shall be required to commence work required by a task order at the time specified on the task order, prosecute the work, and complete the entire work not later than the completion time specified on the task order. The time stated for completion shall include final cleanup of the premises under the task order. The contractor shall notify the Contracting Officer or Contracting Officer’s Representative upon completion of each individual task order.
6. Task Order Content. Each task order will be defined as to the scope and price, by mutual agreement of the parties, prior to commencing work.
140R3024R0027 Page 6 of 34
PART C—CLAUSES
The following clauses are applicable to this RFP/contract.
Addendum to FAR 52.212-4:
C.1 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
In addition, clauses can be identified as follows:
FAR - by the number prefix 52, e.g., 52.252-01, etc.; and DIAR - by the number prefix 1452 and number suffix of -70, e.g., 1452.204-70.
Clause Title Date 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 1452.201-70 Authorities and Delegations - Department of the Interior SEP 2011
(End of clause)
C.2 CLAUSES INCLUDED BY FULL TEXT
52.216-18 ORDERING (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the Schedule. Such orders may be issued from [TBD at contract award] through [TBD at contract award].
(b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control.
(c) If mailed, a delivery order is considered “issued” when–
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmit the order to the Contractor’s fax number; or
(3) If sent electronically, the Government either—
(i) Posts a copy of the delivery order to a Government document access system, and notice is sent to the Contractor, or
(ii) Distributes the delivery order via email to the Contractor’s email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of Clause)
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of $20,000.00;
(2) Any order for a combination of items in excess of $20,000.00; or
(3) A series of orders from the same ordering office within 60 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
http://www.acquisition.gov/far http://www.acquisition.gov/diar
140R3024R0027 Page 7 of 34
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract beyond one (1) year of the contract’s ordering period expiration date.
(End of Clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days.
52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022) (DEVIATION OCT 2022)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to—
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are—
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are—
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405- 5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System
140R3024R0027 Page 8 of 34
(NAICS) code applicable to this contract:
(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.
(i) The following services may be excluded from the 50 percent limitation:
(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.
(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.
(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.
(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause –
_X_ By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
(End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Department of Interior Regulation Supplement (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING
PLATFORM (IPP) (APR 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is https://www.ipp.gov.
http://www.ipp.gov/
140R3024R0027 Page 9 of 34
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
Concurrent to submitting an invoice in IPP, the contractor may submit any supporting documentation to the contracting officer at pwoodhouse@usbr.gov. Contractors are cautioned that supporting documentation e-mailed to the contracting officer must not conflict with the IPP submission. Conflicts between the IPP submission and supporting documentation may result in a delay in approval and/or rejection of submitted invoices.
When e-mailing supporting documentation to the contracting officer, the subject line of the email shall be formatted as follows: Contract Number, Invoice Number, Contracting Officer's last name (e.g., 140R2018R00000_Invoice No. 1_Smith).
The invoice shall be attached to the email and named using the following format: Contract Number, Contractor Name, Invoice Number, Invoice Amount (e.g., 140R2022R00000_World Test, Inc. - Inv. No. 1 - $5,678).
Invoices shall not include information that would compromise Personally Identifiable Information (PII), such as full Social Security numbers, dates of birth, etc. The final invoice shall be submitted and will be approved in accordance with payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the “Final Invoice.”
*NOTE: The Contractor shall submit an electronic copy of the IPP invoice to the Contract Specialist at pwoodhouse@usbr.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request. Copy of invoice need not to be attached to the IPP invoice submission.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3–5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND LIMITATIONS --
BUREAU OF RECLAMATION (MAY 2018)
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:
• Inspecting and accepting or rejecting work performed under the contract.
• 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.
• 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.
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.
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 -
• Constitutes a direction of additional work outside the Contract requirements;
• Constitutes a change as defined in the contract clause entitled "Changes;"
• In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;
• Changes any of the expressed terms, conditions or specifications of the contract; or
• Interferes with the Contractor's right to perform the terms and conditions of the contract.
All technical direction shall be issued in writing by the COR.
140R3024R0027 Page 10 of 34
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 -
• 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
• Advise the Contractor that the Government will issue a written change order.
A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled "Disputes."
(End of clause)
WBR 1452.223-81 SAFETY AND HEALTH -- BUREAU OF RECLAMATION (OCT 2022)
(a) The Contractor shall not require any person employed in the performance of this contract (including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to an employee’s health or safety.
(b) Contractor shall comply with the most current version of the Bureau of Reclamation’s Reclamation Safety and Health Standards (RSHS) and, if incorporated, 52.236-13 Accident Prevention.
The RSHS manual shall be obtained at:
http://www.usbr.gov/safety/rshs/index.html
(c) Comply with the standards (29 CFR) issued by the Occupational Safety and Health Administration (OSHA), U.S.
Department of Labor, www.osha.gov.
(d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, or in the Statement of Work (SOW) or Performance Work Statement (PWS), the more stringent requirement shall prevail.
(e) If required in the SOW or PWS, the Contractor shall submit a written proposed safety program as prescribed in the RSHS and the written specifications.
(f) The Contractor shall maintain an accurate record of and shall report to the Contracting Officer (or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines.
(g) If the contractor deems that an updated version of the RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request a contract modification in accordance with the terms of the contract.
(End of clause)
WBR 1452.231-80 REIMBURSEMENT OF TRAVEL EXPENSES -- BUREAU OF RECLAMATION (OCT 2021) The contractor shall not incur any travel expenses until after obtaining approval from the contracting officer or in accordance with the procedures specified in the Statement of Work.
The Government will reimburse travel expenses approved in accordance with paragraph (a) based on actual and allowable costs in accordance with --
• Commercial Organizations FAR31.103 and 31.205-46.
• Educational Institutions FAR 31.104 and 31.3.
• State, Local or Federally recognized Indian Tribal governments FAR 31.107 and 31.6.
• Nonprofit organizations FAR 31.108 and 31.7.
(End of clause)
WBR 1452.237-80 SECURITY REQUIREMENTS -- BUREAU OF RECLAMATION (MAR 2022)
(a) General Security Requirements:
(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.
(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor
140R3024R0027 Page 11 of 34 or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the contracting officer. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the contracting officer will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.
(3) The Contractor’s employees governed by this contract may need access to sensitive information and/or sensitive areas.
The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.
(4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract.
(5) Any Contractor employee that will have access to a Federally controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note: within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.
(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.
(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities.
Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor immediately, but not later than within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.
(8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government.
The Contractor may be charged up to $500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the COR.
(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. For all non-U.S. citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual’s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver’s license is not acceptable identification. In addition, a completed form I- 94 shall be submitted to the COR upon the individual’s arrival at the work facility and prior to beginning work.
(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the contracting officer. The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.
(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government.
(12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts.
(13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and
140R3024R0027 Page 12 of 34
Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.
(b) Information Security Requirements.
(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code: the Freedom of Information Act and the Privacy Act.
Sensitive information is generally categorized as CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation Directives and Standards SLE 02-01 Identifying and Safeguarding Controlled Unclassified Information (CUI), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.
(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the contracting officer may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the contracting officer. Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the contracting officer, records of the names of individuals who have access to sensitive material in its custody and the sensitive material to which the individuals had access. All questions regarding information security, access, and control shall be referred to the COR.
(ii) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the contracting officer has given prior written approval.
This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the contracting officer ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the contracting officer.
(iii) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed film or similar information which may affect the security interests of Government has occurred. This requirement extends to employees and other personnel working on behalf of the Contractor, and expands responsibility to include prompt reporting of security issues, including observed or subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive information.
(2) Classified Information.
(i) The disclosure of U.S. Government documents by third parties can result in damage to our national security. While this contract may not deal directly with classified information, each contractor is obligated to protect classified information pursuant to all applicable laws and to use Government information technology systems in accordance with agency procedures so that the integrity of such systems is not compromised.
(ii) Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites, or other electronic or non-electronic media) do not alter the documents' classified status or automatically result in declassification of the documents.
To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by Federal employees and contractors, until it is declassified by an appropriate U.S.
Government authority. Executive Order 13526, Classified National Security Information (December 29, 2009), Section 1.1.(c) states, "Classified Information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information." Although the Department has taken steps to prevent access to publicly disclosed classified materials from Departmental computers, it is important to understand our continuing duties and responsibilities in this
140R3024R0027 Page 13 of 34 regard.
(iii) Contractors (which include all employees of the contractor, as well as subcontractors and its employees performing work for the contractor) are reminded of the following obligations with respect to the treatment of classified information and the use of unclassified government information technology systems:
(iv) The contractor shall not, while using unclassified Government computers or other devices (such as phones or tablets) access documents that are marked classified (including classified documents made publicly available by a third party), as doing so risks that material still classified will be placed onto unclassified systems. This requirement does not restrict contractor access to unclassified, publicly available news reports (and other unclassified material) that may in turn discuss classified material, as distinguished from access to underlying documents that themselves are marked classified (including if the underlying classified documents are available on public web sites or otherwise in the public domain).
(v) For contracts that require access to classified information, the contractor is responsible for obtaining the required national security clearance through the Department of the Defense National Industrial Security Program Operating Manual (NISPOM). Any classified contracts will be coordinated through the Reclamation Chief Security Officer, or for IT requirements, the Bureau Chief Information Security Officer. No contractor shall access classified information unless proper clearances have been obtained and transmitted to Reclamation. For further information, refer to 443 DM 1 or DOD NISPOM 5220.22-M dated February 28, 2006 (incorporating change 2 dated May 18, 2016).
(vi) Classified information shall not be removed from official premises.
(vii) Classified information shall not be disclosed without proper authorization.
(c) Reserved
(d) Reserved
(e) Reserved
(f) Reserved
--- End of Addendum to 52.212-4---
C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
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