Sol_140R4024R0005.pdf

Albuquerque Area Office Monitoring Services IDIQ

Combined Synopsis/Solicitation 140R4024R0005

Solicitation Number: 140R4024R0005 Monitoring Services IDIQ

Combined Synopsis/Solicitation Template eFile – C05

(04/2023)

COMBINED SYNOPSIS/SOLICITATION TEMPLATE (FAR 12.603)

This is a combined synopsis/solicitation for commercial products or services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number 140R4024R0005 is issued as a request for proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. They may be accessed in full text at the following websites: https://www.acquisition.gov/far/ and https://www.acquisition.gov/diar.

1. This is a full and open competition solicitation under NAICS 541620 Environmental Consulting Services”.

2. DESCRIPTION OF SERVICES

The Bureau of Reclamation (Reclamation) has need for natural resource-related monitoring services with database development and data monitoring services within the Upper Colorado Basin Regional Boundaries and Denver Office (headquarters). The boundary of the Upper Colorado Region encompasses parts of Arizona, Colorado, Idaho, Nevada, New Mexico, Texas, Utah, and Wyoming (See Attachment 1- Performance Work Statement & Attachment 2 – Quality Assurance Surveillance Plan for more information).

3. The Government intends to award a five-year single award Indefinite-Delivery Indefinite- Quantity contract utilizing firm-fixed-price task orders resulting from this RFP to the responsible offeror whose offer represents the best value to the Government in accordance with this solicitation.

4. TASK ORDERS

Soon after the award of the Contract, initial Task Orders will be issued. Additional task orders will be issued as requirements are needed and funding becomes available. Services for years 2-5 may be awarded via task order, contingent upon availability of funds. Each proposal submitted for work to be performed under a Task Order, will be evaluated to ensure the technical approach meets the Government needs and the price is fair and reasonable.

Each Task Order will define the work to be performed, the location of the work, and the period of performance when a request for proposal is made by the Government. In addition, actual quantities will be determined at the time of award and may vary based on the Task Order requirements. Please see Clause 52.216-18 Ordering for additional Task Order information. Task Orders must be executed by signature of a Contracting Officer within the Bureau of Reclamation Upper Colorado Region and Denver Region.

The terms and conditions of the Task Orders will be in accordance with the Contract.

https://www.acquisition.gov/far/ https://www.acquisition.gov/diar eFile – C05

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Travel shall include applicable G&A and be non-fee bearing and in accordance with Federal Travel Regulations (FTR).

5. MINIMUM AND MAXIMUM CONTRACT (TASK ORDER) AMOUNTS

During the life of this contract, the Government shall place orders totaling a minimum of $5,000.00; please see FAR clause 52.216-19 Order Limitations and 52-216-22 Indefinite Quantity within this Solicitation for additional information. No additional task orders are guaranteed under this contract.

During the life of the contract, the total maximum amount for the contract shall not exceed $10,000,000.00. In addition, the total maximum amount available for placement under orders is cumulative and unexpended balances may be used in succeeding years.

6. INVOICING INFORMATION

For complete information regarding the submission of invoices, please see clause, “DOI-AAAP 0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS –

INVOICE PROCESSING PLATFORM (IPP) (FEB 2021)—DEPARTMENT OF THE

INTERIOR”

7. Submit the following documents in response to this RFP:

a. Technical Specifications as per the Performance Work Statement (Attachment 1).

Offeror must submit a written narrative that describes the offeror’s technical capability to meet the specifications contained in this combined synopsis/solicitation.

b. Evaluation Factors:

Factor 1: Technical Capability Factor 2: Project Management and Coordination Factor 3: Past Performance Factor 4: Small Business Participation Factor 5: Price

c. Price

Offers will be considered for award as per the Price Schedule below, but no offer will be considered for award on only a part of the Price Schedule. (See Attachment 3 for the Price Schedule for completion.)

- Offerors shall return a completed Price Schedule (Year 1 to Year 5 labor rates and labor totals for each labor category) with their offer.

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(b) Continuation of any block from SF 1449, such as-

PRICE SCHEDULE

The Contractor shall include all costs incurred and/or associated with providing labor, management, equipment, applications, materials, transportation, overhead, profit, etc. in the prices offered in the Schedule for the required labor categories. Contractors shall fill out labor rates and totals for each labor category for Years 1 through Year 5.

Offers are subject to the terms and conditions of the Performance Work Statement (PWS).

See below Pricing Schedule or Attachment 3:

/1 Contracting Officer shall approve Travel Expenses (airfare, rental vehicle, etc.) according to best value. A cost breakdown will be required to show airfare costs, lodging costs, car rentals, gas, and mileage, and per diem. The reimbursement for per diem will be paid according to the Federal Travel Regulations (FTR) and will be approved with the issuing of the task order.

CLIN 010 Monitoring Services – Year 1 Supplies, Services, or Labor Categories

Unit Estimated Quantities (For

Evaluation Purposes Only)

Unit Price (Fully burdened labor rate)

Total Prices

Project Manager Labor Hours 500 Science Lead Labor Hours 450 Science Associate Labor Hours 978 Technology Lead Labor Hours 1588 Technology Associate

Labor Hours 2000

Remote Sensing Analyst

Labor Hours 484

Data Analyst Labor Hours 418 Lead Field Technician

Labor Hours 602

Field Technician Labor Hours 1252 Fish Biologist Labor Hours 414 Avian Biologist Labor Hours 414 Ecologist Labor Hours 414 Hydrologist Labor Hours 298 GIS Manager Labor Hours 80 GIS Specialist Labor Hours 160 Technical Writer Labor Hours 80 Clerical Support Labor Hours 48 Travel and Per Diem/1

Lump Sum TBD at Task Order level

TBD at Task Order level

TBD at Task Order level

New Mexico Gross Tax @ current Rate/2

Lump Sum TBD at Task Order level

TBD at Task Order level

TBD at Task Order level https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items eFile – C05

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/2 Contracting Officer shall approve New Mexico Gross Receipts Tax Rate per location of work or an average if work covers multiple locations

/1 Contracting Officer shall approve Travel Expenses (airfare, rental vehicle, etc.) according to best value. A cost breakdown will be required to show airfare costs, lodging costs, car rentals, gas, and mileage, and per diem. The reimbursement for per diem will be paid according to the Federal Travel Regulations (FTR) and will be approved with the issuing of the task order.

/2 Contracting Officer shall approve New Mexico Gross Receipts Tax Rate per location of work or an average if work covers multiple locations.

CLIN 020 Monitoring Services – Year 2

Supplies, Services, or Labor Categories

Unit Estimated Quantities (For

Evaluation Purposes Only)

Unit Price (Fully burdened labor rate)

Total Prices

Project Manager Labor Hours 350 Science Lead Labor Hours 400 Science Associate Labor Hours 978 Technology Lead Labor Hours 376 Technology Associate

Labor Hours 712

Remote Sensing Analyst

Labor Hours 300

Data Analyst Labor Hours 240 Lead Field Technician

Labor Hours 602

Field Technician Labor Hours 1252 Fish Biologist Labor Hours 300 Avian Biologist Labor Hours 1656 Ecologist Labor Hours 160 Hydrologist Labor Hours 80 GIS Manager Labor Hours 80 GIS Specialist Labor Hours 200 Technical Writer Labor Hours 80 Clerical Support Labor Hours 48 Travel and Per Diem/1

Lump Sum TBD at Task Order level

TBD at Task Order level

TBD at Task Order level

New Mexico Gross Tax @ current Rate/2

Lump Sum TBD at Task Order level

TBD at Task Order level

TBD at Task Order eFile – C05

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/1 Contracting Officer shall approve Travel Expenses (airfare, rental vehicle, etc.) according to best value. A cost breakdown will be required to show airfare costs, lodging costs, car rentals, gas, and mileage, and per diem. The reimbursement for per diem will be paid according to the Federal Travel Regulations (FTR) and will be approved with the issuing of the task order.

/2 Contracting Officer shall approve New Mexico Gross Receipts Tax Rate per location of work or an average if work covers multiple locations.

CLIN 030 Monitoring Services – Year 3

Supplies, Services, or Labor Categories

Unit Estimated Quantities (For

Evaluation Purposes Only)

Unit Price (Fully burdened labor rate)

Total Prices

Project Manager Labor Hours 300 Science Lead Labor Hours 80 Science Associate Labor Hours 160 Technology Lead Labor Hours 80 Technology Associate

Labor Hours 200

Remote Sensing Analyst

Labor Hours 250

Data Analyst Labor Hours 240 Lead Field Technician

Labor Hours 200

Field Technician Labor Hours 600 Fish Biologist Labor Hours 160 Avian Biologist Labor Hours 160 Ecologist Labor Hours 80 Hydrologist Labor Hours 80 GIS Manager Labor Hours 80 GIS Specialist Labor Hours 200 Technical Writer Labor Hours 80 Clerical Support Labor Hours 48 Travel and Per Diem/1

Lump Sum TBD at Task Order level

TBD at Task Order level

TBD at Task Order level

New Mexico Gross Tax @ current Rate/2

Lump Sum TBD at Task Order level

TBD at Task Order level

TBD at Task Order eFile – C05

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/1 Contracting Officer shall approve Travel Expenses (airfare, rental vehicle, etc.) according to best value. A cost breakdown will be required to show airfare costs, lodging costs, car rentals, gas, and mileage, and per diem. The reimbursement for per diem will be paid according to the Federal Travel Regulations (FTR) and will be approved with the issuing of the task order.

/2 Contracting Officer shall approve New Mexico Gross Receipts Tax Rate per location of work or an average if work covers multiple locations.

CLIN 040 Monitoring Services – Year 4

Supplies, Services, or Labor Categories

Unit Estimated Quantities (For

Evaluation Purposes Only)

Unit Price (Fully burdened labor rate)

Total Prices

Project Manager Labor Hours 300 Science Lead Labor Hours 80 Science Associate Labor Hours 160 Technology Lead Labor Hours 80 Technology Associate

Labor Hours 200

Remote Sensing Analyst

Labor Hours 220

Data Analyst Labor Hours 200 Lead Field Technician

Labor Hours 200

Field Technician Labor Hours 600 Fish Biologist Labor Hours 160 Avian Biologist Labor Hours 160 Ecologist Labor Hours 80 Hydrologist Labor Hours 80 GIS Manager Labor Hours 80 GIS Specialist Labor Hours 200 Technical Writer Labor Hours 80 Clerical Support Labor Hours 48 Travel and Per Diem/1

Lump Sum TBD at Task Order level

TBD at Task Order level

TBD at Task Order level

New Mexico Gross Tax @ current Rate/2

Lump Sum TBD at Task Order level

TBD at Task Order level

TBD at Task Order level

CLIN 050 Monitoring Services – Year 5

Supplies, Services, or Labor Categories

Unit Estimated Quantities (For

Unit Price (Fully burdened labor rate)

Total Prices eFile – C05

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/1 Contracting Officer shall approve Travel Expenses (airfare, rental vehicle, etc.) according to best value. A cost breakdown will be required to show airfare costs, lodging costs, car rentals, gas, and mileage, and per diem. The reimbursement for per diem will be paid according to the Federal Travel Regulations (FTR) and will be approved with the issuing of the task order.

/2 Contracting Officer shall approve New Mexico Gross Receipts Tax Rate per location of work or an average if work covers multiple locations.

8. FAR Clauses. The full text of FAR provisions or clauses may be accessed electronically at: https://www.acquisition.gov/.

Evaluation Purposes Only)

Project Manager Labor Hours 300 Science Lead Labor Hours 80 Science Associate Labor Hours 160 Technology Lead Labor Hours 80 Technology Associate

Labor Hours 200

Remote Sensing Analyst

Labor Hours 220

Data Analyst Labor Hours 200 Lead Field Technician

Labor Hours 600

Field Technician Labor Hours 1200 Fish Biologist Labor Hours 160 Avian Biologist Labor Hours 1656 Ecologist Labor Hours 160 Hydrologist Labor Hours 160 GIS Manager Labor Hours 80 GIS Specialist Labor Hours 200 Technical Writer Labor Hours 80 Clerical Support Labor Hours 48 Travel and Per Diem/1

Lump Sum TBD at Task Order level

TBD at Task Order level

TBD at Task Order level

New Mexico Gross Tax @ current Rate/2

Lump Sum TBD at Task Order level

TBD at Task Order level

TBD at Task Order https://www.acquisition.gov/ eFile – C05

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(c) Contract clauses- ---Addendum to 52.212-4---

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

(End of clause)

The following clauses are hereby incorporated by reference:

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

52.212-4 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

52.242-15 STOP-WORK ORDER (AUG 1989)

FULL TEXT CLAUSES

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause–

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

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Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

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(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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 or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from April 23, 2024, through April 22, 2029.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract.

In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task 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 transmits the order to the Contractor's fax number;

or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii)Distributes the delivery order or task 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 $5,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $2,000,000.

(2) Any order for a combination of items in excess of $2,000,000; or

(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in paragraph (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.

(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 2 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 after April 22, 2029.

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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.

(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 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.

(End of clause)

DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

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

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

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

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

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

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued eFile – C05

(04/2023) 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. The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(f) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of Clause)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-

INVOICE PROCESSING PLATFORM (IPP) (FEB 2021)

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

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

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

Supporting Documentation - Email invoice.

The Contractor shall also submit an electronic copy of the IPP invoice to the Technical Representative, Ashlee Rudolph at arudolph@usbr.gov and to the Contract Specialist, Kristen Ruiz Jimenez at kruizjimenez@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.

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 https://www.ipp.gov/ mailto:arudolph@usbr.gov mailto:kruizjimenez@usbr.gov eFile – C05

(04/2023) 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.

(End of Local Clause)

DOI-AAAP-0169 – UNMANNED AIRCRAFT SYSTEMS (DEC 2020)

(a) Background. On January 29, 2020, the Secretary of the Interior issued Secretary’s Order No.

3379, Temporary Cessation of Non-Emergency Unmanned Aircraft Systems Fleet Operations, based in part on Presidential Determination No. 2019-13, June 10, 2019, under the Defense Production Act of 1950, as amended, 50 U.S.C. § 4533.

(b) Definitions. As used in this clause, Covered foreign entity means (i) The People’s Republic of China or (ii) any other duly federally designated foreign country posing a national security risk to the United States or its allies, or any political party; a subsidiary or affiliate of such a foreign country; or any corporation, subsidiary of a corporation, or other entity that is subject to influence or control from the government of such a foreign country.

Unmanned Aircraft System (UAS) encompasses unmanned aircraft systems, unmanned aerial systems, drones, and similar technology, including component parts, that are remotely controlled and subject to Federal Aviation Administration Regulations. This includes hardware and software components necessary for flight and for collecting, storing, and transmitting data or similar information.

Designated UAS means any UAS that (i) Is manufactured in whole or in part by a “covered foreign entity,” (ii) Uses printed circuit boards, flight controller modules, sensors, radios, cameras, or gimbals manufactured in whole or in part by a covered foreign entity, and/or (iii) Contains hardware and software necessary for collecting, storing, and transmitting photographs, videos, location information, flight paths, or any other data collected by the drones that is traceable in whole or in part to a covered foreign entity.

(c) Prohibition. In the performance of this contract at any tier or as may be purchased in whole or part by federal funding provided under this contract at any tier, the Contractor is prohibited from using, procuring, obtaining, servicing, repairing, or maintaining any equipment, system, service that is, contains, or uses Designated UAS.

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(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), into all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of Local Clause)

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

AND LIMITATIONS -- BUREAU OF RECLAMATION

(MAY 2018)

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

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

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

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

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

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

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

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

2) Constitutes a change as defined in the contract clause entitled "Changes;"

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

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

5) Interferes with the 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 eFile – C05

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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."

(End of clause)

WBR 1452.237-80 SECURITY REQUIREMENTS (MAR 2022) -- BUREAU OF

RECLAMATION - ALTERNATE VIII (MAR 2022)

The following paragraph (f) is substituted with the paragraph (f) of the basic clause:

(f) Information Technology Security – Basic Security Requirements:

(1) The Contractor shall ensure that its employees, in performance of the contract, receive annual U.S. Department of the Interior (DOI) Federal Information Systems Security Awareness (FISSA) training that also includes Privacy, Records Management and Section 508 Compliance Awareness. The Contractor may use web-based training available from Reclamation to meet this requirement.

(2) The Contractor shall afford Reclamation, including DOI Office of Inspector General, access to the Contractor’s and subcontractors’ facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, assessment, or audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of Reclamation data or to the function of computer systems operated on behalf of Reclamation, and to preserve evidence of computer crime. If the Contractor has a question regarding the access rights or identity of Government employees requesting access to Contractor-operated IT facilities, it should be referred to the COR for resolution before access is granted.

(3) In addition to the notification requirements (b)(4), the Contractor shall immediately notify the COR, of all cyber-related incidents (including the compromise of Contractor-or Government-owned systems for which the Contractor bears operational or management responsibility), regardless of location.

(4) Contractor staff with significant IT security responsibilities associated with systems connected to or being delivered to Reclamation (such as those responsible for supporting or developing Internet accessible systems, supporting or developing systems containing personal identification information, or supporting or developing systems containing financial information), must complete annual role-based IT security training (over and above that required in (e)(1).) If requested by the Contractor, Reclamation will assist on-site Contractor staff in identifying suitable annual role-based training options throughout eFile – C05

(04/2023) the contract performance period.

(5) The Contractor shall be responsible for the Information Technology security for all non-

Government- owned systems used in the development of turn-key applications (not including Commercial-off- the-Shelf [COTS] software) and systems intended for eventual turn-key delivery to the Bureau of Reclamation in fulfillment of contract requirements. This clause is applicable to all or any part of the contract that includes information technology resources the Contractor is developing on behalf of Reclamation.

This includes information technology, hardware, software, databases, networks, and telecommunications systems. Examples of tasks that require these security provisions include:

i. The design of IT systems or applications that meet overall data processing performance criteria described elsewhere in this contract. Security designs shall be consistent with the requirements of Federal Information Processing Standards (FIPS) Publication 200 and the security categorization of the system.

ii. The development of turn-key control systems, such as Supervisory Control and Data Acquisition (SCADA) or similar systems where improper security functionality and performance of the system could result in mis-operation of Government resources;

and

iii. The development of or integration of applications (including COTS) and/or hardware, networks, and telecommunications systems into turn-key products where the improper security functionality and performance of the integrated system could result in loss of integrity, confidentiality, or availability of electronic information or data.

(6) The Contractor shall provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, stored, or used under this contract.

For Contractor developed or operated IT systems, an IT System Security Plan must also be developed in compliance with the Federal Information Cybersecurity Modernization Act of 2014 (P.L. 113-283) and all relevant Federal and Reclamation policies and procedures that include, but are not limited to:

i. Office of Management and Budget (OMB) Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automated Information Resources; and

ii. National Institute of Standards and Technology (NIST) Special Publication (SP) 800-18, Guide for Developing Security Plans for Federal Information Systems and NIST SP 800-53, Security and Privacy Controls for Federal Information Systems and Organizations.

(7) Within 60 days after contract award, the Contractor shall submit to the COR its IT Security Plan, and IT System Security Plan (if applicable), for Reclamation approval.

This plan must be consistent with and further detail the approach contained in the offeror's quotation, proposal, or sealed bid that resulted in the award of this contract and in compliance with the requirements stated in this clause. The plan, as approved by the CO, shall be incorporated into the contract as a compliance document.

(8) The Contractor shall afford Reclamation or Reclamation’s duly appointed security assessment agents access to the Contractor’s systems, documentation, facilities, and personnel for the purpose of conducting security assessments consistent with Reclamation’s obligations under FISMA requirements and NIST guidance. These eFile – C05

(04/2023) obligations are outlined in more detail in NIST SP 800-37. If deemed appropriate by both the Contractor and Reclamation, cognizant Reclamation staff or authorized representatives will, where necessary, execute a mutually agreeable Non-Disclosure Agreement to protect any of the Contractor’s trade secrets, sensitive, or proprietary information that may be either intentionally or inadvertently disclosed to Reclamation during the required review(s).

--- End of Addendum to 52.212-4---

The below selected clauses at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services, apply to this acquisition.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023)

(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. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L.

115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.

3509)).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900 (a).

[ ] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.109-282) ( 31 U.S.C. 6101 note).

[ ] (6) [Reserved].

[X] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(10) 52.204–28, Fe[ ]deral Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

[ ] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub.L. 115–390, title II).

(ii) Alternate[ ] I (Dec 2023) of 52.204–30.

[X] (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved] [ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C.

657a).

[X] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

(17)[Reserve[ ]d] [ ] (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). [ ]

(ii) Alternate I (Mar 2020) of 52.219-6.

[ ] (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). [ ]

(ii) Alternate I (Mar 2020) of 52.219-7.

[X] (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

[X] (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)). [ ]

(ii) Alternate I (Nov 2016) of 52.219-9.

[X] (iii) Alternate II (Nov 2016) of 52.219-9. [ ] (iv) Alternate III (Jun 2020) of 52.219-9. [ ] (v) Alternate IV (Sep 2023) of 52.219-9 [ ] (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). [ ] (ii) Alternate I (Mar 2020) of 52.219-13.

[X](23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637(a)(14))(Deviation

OCT 2022).

[X] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

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[ ] (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

[X] (26) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2023) (15 U.S.C. 632(a)(2)). [ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)). [ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[ ] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV 2023) (E.O.13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

[ ] (ii) Alternate I (Feb 1999) of 52.222-26.

[X] (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). [ ] (ii) Alternate I (Jul 2014) of 52.222-35.

[X] (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793). [ ] (ii) Alternate I (Jul 2014) of 52.222-36.

[X] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X] (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

[ ] (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off- the-shelf items.)

[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

[ ] (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Oct 2015) of 52.223-13.

[ ] (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). [ ] (ii) Alternate I (Jun 2014) of 52.223-14.

[ ] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

[ ] (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-16.

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[X] (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

[ ] (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

[ ] (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). [ ] (ii) Alternate I (Jan 2017) of 52.224-3.

[ ] (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

[ ] (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I…