Sol_140R4021Q0005.pdf

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

UPPER COLORADO BASIN, REGION 7

REGIONAL OFFICE

SALT LAKE CITY, UTAH

HERBICIDE TREATMENT AT NAVAJO

DAM MAINTENANCE FACILITY

SOLICITATION No.

140R4021Q0005

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

R40

125 South State Street, Room 8100 Regional Office Upper Colorado Region Bureau of Reclamation

0009910004 CODE 16. ADMINISTERED BYCODE

X

X

X

561730

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR40

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

02/02/2021 1400 MT

01/08/2021

801-524-3718Nathan Crane (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R4021Q0005

5. SOLICITATION NUMBER

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

1 55 0040510916OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Salt Lake City UT 84138

TELEPHONE NO.

17a. CONTRACTOR/

Durango CO 81303 185 Suttle Street, Suite 2 Durango Field Division Bureau of Reclamation-UC-WCAO

15. DELIVER TO

Salt Lake City UT 84138 125 South State Street, Room 8100 Regional Office Upper Colorado Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This Solicitation and any subsequent Contract award are made in accordance with FAR Parts 12 & 13.

Legacy Doc #: BOR Period of Performance: 04/15/2021 to 04/14/2026

00011 2021 Bare-ground Herbicide-Treatment (approx. 10 1 AU acres, twice a year) per the attached Performance Work Statement. Vendor to provide total price for Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Daniel B. Hays

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

two applications.

Base Year

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Delivery: 04/14/2022

Period of Performance: 04/15/2021 to 04/14/2022

00012 2021 Aquatic Label Herbicide Treatment (approx. 1 AU

40 acres twice a year) per the attached

Performance Work Statement. Vendor to provide total price for two applications.

Base Year

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Delivery: 04/14/2022

Period of Performance: 04/15/2021 to 04/14/2022

00013 2021 Selective Herbicide Treatment (approx. 50 1 AU acres twice a year) per the attached Performance

Work Statement. Vendor to provide total price for two applications.

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

55 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 55

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R4021Q0005

Base Year

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Delivery: 04/14/2022

Period of Performance: 04/15/2021 to 04/14/2022

00014 2021 Summer On-Call Treatment (targets annual and 1 AU perennial species. Treatment costs for various vegetation types were averaged. Assumes 4 treatments at 30 acres each) per the attached

Performance Work Statement. Vendor to provide total price for four applications.

Base Year

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Delivery: 04/14/2022

Period of Performance: 04/15/2021 to 04/14/2022

00021 2022 Bare ground Herbicide Treatment (approx. 10 1 AU acres; twice a year). Vendor to provide total price for two applications.

Option Year 1

(Option Line Item)

01/15/2022

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2022 to 04/14/2023

00022 2022 Aquatic Label Herbicide Treatment (approx. 1 AU

40 acres twice a year; assume reduction in density each year due to treatment success)

Vendor to provide total price for two applications.

Option Year 1

(Option Line Item)

01/15/2022

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 55

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R4021Q0005

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2022 to 04/14/2023

00023 2022 Selective Herbicide Treatment (approx. 50 1 AU acres twice a year; assume reduction in density each year due to treatment success) Vendor to provide total price for two applications.

Option Year 1

(Option Line Item)

01/15/2022

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2022 to 04/14/2023

00024 2022 Summer On-Call Treatment (targets annual and 1 AU perennial species. Treatment costs for various vegetation types were averaged. Assumes 4 treatments at 30 acres each.) Vendor to provide total price for four applications.

Option Year 1

(Option Line Item)

01/15/2022

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2022 to 04/14/2023

00031 2023 Bare ground Herbicide Treatment (approx. 10 1 AU acres; twice a year) Vendor to provide total price for two applications.

Option Year 2

(Option Line Item)

01/15/2023

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2023 to 04/14/2024

00032 2023 Aquatic Label Herbicide Treatment (approx. 1 AU

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 55

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R4021Q0005

40 acres twice a year; assume reduction in density each year due to treatment success)

Vendor to provide total price for two applications.

Option Year 2

(Option Line Item)

01/15/2023

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2023 to 04/14/2024

00033 2023 Selective Herbicide Treatment (approx. 50 1 AU acres twice a year; assume reduction in density each year due to treatment success) Vendor to provide total price for two applications.

Option Year 2

(Option Line Item)

01/15/2023

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2023 to 04/14/2024

00034 2023 Summer On-Call Treatment (targets annual and 1 AU perennial species. Treatment costs for various vegetation types were averaged. Assumes 4 treatments at 30 acres each.) Vendor to provide total price for four applications.

Option Year 2

(Option Line Item)

01/15/2023

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2023 to 04/14/2024

00041 2024 Bare ground Herbicide Treatment (approx. 10 1 AU acres; twice a year) Vendor to provide total price for two applications.

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

6 55

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R4021Q0005

(Option Year 3)

(Option Line Item)

01/15/2024

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2024 to 04/14/2025

00042 2024 Aquatic Label Herbicide Treatment (approx. 1 AU

40 acres twice a year; assume reduction in density each year due to treatment success)

Vendor to provide total price for two applications.

Option Year 3

(Option Line Item)

01/15/2024

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2024 to 04/14/2025

00043 2024 Selective Herbicide Treatment (approx. 50 1 AU acres twice a year; assume reduction in density each year due to treatment success) Vendor to provide total price for two applications.

Option Year 3

(Option Line Item)

01/15/2024

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2024 to 04/14/2025

00044 2024 Summer On-Call Treatment (targets annual and 1 AU perennial species. Treatment costs for various vegetation types were averaged. Assumes 4 treatments at 30 acres each.) Vendor to provide total price for four applications.

Option Year 3

(Option Line Item)

01/15/2024

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

7 55

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R4021Q0005

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2024 to 04/14/2025

00051 2025 Bare ground Herbicide Treatment (approx. 10 1 AU acres; twice a year) Vendor to provide total price for two applications.

Option Year 4

(Option Line Item)

01/15/2025

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2025 to 04/14/2026

00052 2025 Aquatic Label Herbicide Treatment (approx. 1 AU

40 acres twice a year; assume reduction in density each year due to treatment success)

Vendor to provide total price for two applications.

Option Year 4

(Option Line Item)

01/15/2025

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2025 to 04/14/2026

00053 2025 Selective Herbicide Treatment (approx. 50 1 AU acres twice a year; assume reduction in density each year due to treatment success) Vendor to provide total price for two applications.

Option Year 4

(Option Line Item)

01/15/2025

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2025 to 04/14/2026

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

8 55

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R4021Q0005

00054 2025 Summer On-Call Treatment (targets annual and 1 AU perennial species. Treatment costs for various vegetation types were averaged. Assumes 4 treatments at 30 acres each.) Vendor to provide total price for four applications.

Option Year 4

(Option Line Item)

01/15/2025

Product/Service Code: F105

Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Period of Performance: 04/15/2025 to 04/14/2026

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Solicitation No. 140R4021Q0005 Bureau of Reclamation Herbicide Treatment at Navajo Dam Upper Colorado Basin, Region 7 Maintenance Facility

Important Solicitation Information Page 9 of 54

Important Information

1. Solicitation Closing Date: 02/02/2021

Solicitation Closing Time: 14:00 Mountain Time

2. Quotes sent by electronic mail (email) is the ONLY way to respond to this solicitation. All email quotes must be in one (1) PDF document. Quotes must be received no later than 14:00 MT. Late quotes may not be considered.

Email subject line to contain the following naming scheme:

*Quote – (Company Name) * Solicitation No. 140R4021Q0005 Herbicide Treatment at Navajo Dam Maintenance Facility

Contract Specialist’s Email Address: ncrane@usbr.gov

4. Inquiries regarding this Solicitation should be made to:

Mr. Nathan Crane, Contract Specialist Email: ncrane@usbr.gov

5. All correspondence regarding the solicitation should reference “Solicitation No. 140R4021Q0005 Herbicide Treatment at Navajo Dam Maintenance Facility”

6. Contract Type:

It is anticipated that any subsequent contract award made from quotes received from this solicitation will be Firm- Fixed Price Contract to have a Base Year of service and four Option Years, that may be exercised. (see Contract Clause 52.217-08, Option to Extend Services)

7. Site Visit:

All site visit information can be found under Commercial Provision No. 52.236-27 Site Visit.

mailto:ncrane@usbr.gov mailto:ncrane@usbr.gov

Solicitation No. 140R4021Q00005 BUREAU OF RECLAMATION

Commercial Clauses Page 10 of 54

CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATTED 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): FAR Clauses – https://www.acquisition.gov/far/

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS (OCT 2018)

ADDENDUM TO 52.212-4

52.204-4 PRINTED OR COPIED DOUBLE-SIDED POSTCONSUMER FIBER CONTENT

PAPER

(May 2011)

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

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,SOFTWARE, AND

SERVICED DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES

(JUL 2018)

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 30 Days prior to the end of performance.

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the

Commercial Clauses Page 11 of 54

Government to an extension.

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

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

52.223-3 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS

(SEP 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

(Dec 2013)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.252-6 AUTHORIZED DEVIATION IN CLAUSES (APR 1984)

(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 the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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

PROCESSING PLATFORM (IPP)

(APR 2013)

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

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

Commercial Clauses Page 12 of 54

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

In order for payment, the Contractor submits an electronic copy of their business invoice to Shannon Hatch, the Contracting Officer’s Representative (COR), by electronic mail (email) at shatch@usbr.gov, will evaluate the submitted invoice and will provide an approval by emailing the contractor with an attached signed invoice. The COR may also reject the invoice; in this case, an email will be provided to the contractor with detailed information to revise the invoice as needed for approval.

Once an approved invoice is received, the contractor uploads, as an attachment, a copy of the approved invoice with the COR’s signature, PRIOR to clicking “submit” in IPP. Please send a copy to the Contracting Officer, Daniel B. Hays at dhays@usbr.gov. Failure to follow this process may cause significant delay or possible rejection of your payment request. Please refer to FAR 32.905(b) for proper invoicing information.

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

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

(End of Local Clause)

DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC 2015)

a. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

b. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

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

Information in the report must be protected as source selection sensitive information not releasable to the public.

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

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

mailto:shatch@usbr.gov mailto:dhays@usbr.gov

Commercial Clauses Page 13 of 54

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

2. 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.

3. All information provided should be reviewed for accuracy prior to submission.

4. 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”.

5. 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.

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

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

1. 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.

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

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

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

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

(End of Local Clause)

1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries.

The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

Commercial Clauses Page 14 of 54

(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.

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

LIMITATIONS – BUREAU OF RECLAMATION

(MAY 2018)

(a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

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

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

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

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

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR

Commercial Clauses Page 15 of 54 does not have the authority to, and may not, issue any technical direction that -

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

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

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

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

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

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

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

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

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

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

WBR 1452.223-82 PROTECTING FEDERAL EMPLOYEES AND THE PUBLIC FROM

EXPOSURE TO TOBACCO SMOKE IN THE FEDERAL WORKPLACE –

BUREAU OF RECLAMATION

(DEC 2009)

(a) In performing work under this contract, the contractor shall comply with the requirements of Executive Order 13058, dated August 9, 1997, which prohibits the smoking of tobacco products in all interior space owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts.

(b) In addition, pursuant to Federal Management Regulation (FMR) Bulletin 2009-B1, effective December 22, 2008, smoking is prohibited in courtyards and within 25 feet of doorways and air intake ducts on outdoor space under the jurisdiction, custody or control of GSA.

WBR 1452.237-80 SECURITY REQUIREMENTS – BUREAU OF RECLAMATION (FEB 2017)

(a) (a) General Security Requirements:

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, Commercial Clauses Page 16 of 54 site security requirements, vessel exclusion barriers, and information technology security requirements.

Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the CO. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the CO 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 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

Commercial Clauses Page 17 of 54 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 (CO). The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government.

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

(13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code:

the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as FOR OFFICIAL USE ONLY (FOUO) information or 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 for identifying and safeguarding sensitive information (SLE 02-01), 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

Commercial Clauses Page 18 of 54 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 CO 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 CO.

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 CO, records of the names of individuals who have access to sensitive material in its custody. 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 CO 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 CO ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the CO.

(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

Commercial Clauses Page 19 of 54 to prevent access to publicly disclosed classified materials from Departmental computers, it is important to understand our continuing duties and responsibilities in this regard.

(iii) Contractors (which include all employees of the contractor, as well as subcontractors and its employees performing work for the contractor) are reminded of the following obligations with respect to the treatment of classified information and the use of unclassified government information technology systems:

(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) Contractor Employee Suitability and Issuance of Government Identification Cards:

(1) Performance of this contract requires Contractor personnel to have a Federal Government-issued HSPD-12/FIPS-201-1 compliant Personal Identification Verification Card (PIV Card) before being allowed unsupervised access to a Federally-controlled facility or information system. An active PIV Card issued by another Federal Government agency will be accepted by Reclamation if the associated background investigation is sufficient for the work and access to facilities and information systems required under this contract, as determined solely by Reclamation. Physical access means routine, unescorted or unmonitored access to non-public areas of a Federally controlled facility. Logical access means routine, unsupervised access to a Level 3 or 4 Federally controlled information system.

(2) At the Government’s sole discretion, the Government may issue a temporary identification card or visitor identification badge, in lieu of a PIV Card, under one of the following conditions:

(i) The individual will only be associated with Reclamation for a period of 180 days or less, will not have access to sensitive information, and any access to a sensitive area or Federal-controlled information systems will be fully supervised. The 180 calendar day period begins on the first day of the individual’s affiliation with Reclamation (in this case, the date that the individual’s contract performance begins) and ends exactly 180 days later, regardless of the number of times the individual actually accesses a Government facility or information system.

(ii) The individual will only have sporadic access to Federal facilities and information systems; will not have access to sensitive information; and, any access to a sensitive area or Federal-controlled information system will be fully supervised.

(iii) The individual will work exclusively outdoors, will not have access to sensitive information, and any access to a sensitive area or Federal-controlled information system will be fully supervised.

(iv) In paragraphs (i) through (iii), supervised access means the individual’s access to, and movement within, a facility is monitored and controlled sufficiently to prevent access to any unauthorized areas, equipment, or information; and the individual’s access to an information system is monitored and controlled sufficiently to ensure appropriate use of the system and information, and to prevent access to any unauthorized systems or information. Supervision must be performed by an individual with an active Government-issued PIV Card.

(3) The Contractor shall furnish to the COR an alphabetical list of contract personnel, to include subcontractors, who will require access to a Government facility or information system. The list shall provide the full name, social security number, date of birth, place of birth, purpose or job title, and the

Commercial Clauses Page 20 of 54 estimated duration of access. If the Contractor believes an individual should be issued a temporary identification card or visitor identification badge in lieu of a PIV Card based on the conditions in paragraph (4), then the Contractor must also submit a sufficient written justification as to why the specific individual or individuals will not need a PIV Card. The Contractor shall provide this information before the start of contract performance, or before the start of an individual’s performance when there is a change or addition of personnel, with sufficient time to ensure that performance is not delayed by compliance with credentialing processes.

(4) Any contract employees that will be issued a temporary identification card or visitor identification badge, in lieu of a PIV Card, at the Government’s sole discretion, will be subject to the following credentialing procedures:

[Insert any local identification card or visitor badge issuance procedures that will be used, such as those used at the Denver Federal Center or in Federal Buildings.]

(5) Any contract employees that will be issued a PIV Card will be subject to the following credentialing procedures:

(i) The Government will initiate the e-Qip electronic background investigation process, and give the Contractor instructions for completing the background investigation and PIV Card process.