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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
R81
Denver CO 80225
Building 67 - Denver Federal Center Acquisition Operations Branch Denver Office Bureau of Reclamation
0009910105 CODE 16. ADMINISTERED BYCODE
X
X
X
541360
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORR81
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
06/12/2020 1500 MT
05/22/2020
303-445-3038Frank Palmer (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140R8120Q0341
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 37 0040489309OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
MS 84-27810
TELEPHONE NO.
17a. CONTRACTOR/
Denver CO 80225-0007 Denver Federal Center 6th Avenue & Kipling Street Building 67, Entrance E3, Room 165 Bureau of Reclamation-DO
15. DELIVER TO
Denver CO 80225
MS 84-27810
Building 67 - Denver Federal Center Acquisition Operations Branch Denver Office
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$16.50
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.
Legacy Doc #: BOR Delivery: 12/31/2020 Period of Performance: 07/01/2020 to 12/31/2020
00010 Keswick Crustal Stress Analysis in accordance with the attached performance work statement.
Product/Service Code: R499 Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Edward Marshburn
. 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.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37 2 of
140R8120Q0341_Keswick Crustal Stress Analysis Page 3 of 37
CLAUSES
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): 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
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC
2013)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.217-8 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 (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.
(End of clause)
DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING
PLATFORM (IPP) APR 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
140R8120Q0341_Keswick Crustal Stress Analysis Page 4 of 37
'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.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
The Contractor shall also submit an electronic copy of the IPP invoice to the Contracting Officer at doinvoices@usbr.gov and the Contracting Specialist at fpalmer@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 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)
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
140R8120Q0341_Keswick Crustal Stress Analysis Page 5 of 37 authorized representative(s) acting within the scope and authority of the appointment memorandum.
The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph
(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of Clause)
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;
140R8120Q0341_Keswick Crustal Stress Analysis Page 6 of 37
(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.”
(End of Clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS-COMMERCIAL ITEMS (MAR 2020)
(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 items:
(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 and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 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 items:
[_] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[_] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)
140R8120Q0341_Keswick Crustal Stress Analysis Page 7 of 37
[_] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[_] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub.
L. 109-282) (31 U.S.C. 6101 note).
[_] (5) [Reserved].
[_] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[_] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[_] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
[_] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[_] (10) [Reserved].
[_] (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).
[_](ii) Alternate I (Mar 2020) of 52.219-3.
[_] (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[_] (ii) Alternate I (Mar 2020) of 52.219-4.
[_] (13) [Reserved]
[X] (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).
[_] (ii) Alternate I (Mar 2020).
[_] (iii) Alternate II (Nov 2011).
[_] (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).
[_] (ii) Alternate I (Mar 2020) of 52.219-7.
[_](iii) Alternate II (Mar 2004) of 52.219-7.
[_] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
[_] (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).
[_] (ii) Alternate I (NOV 2016) of 52.219-9.
[_] (iii) Alternate II (NOV 2016) of 52.219-9.
140R8120Q0341_Keswick Crustal Stress Analysis Page 8 of 37
[_](iv) Alternate III (Mar 2020) of 52.219-9.
[_](iv) Alternate IV (AUG 2018) of 52.219-9.
[_] (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[_](19) 52.219-14, Limitations on Subcontracting (Mar 2020) (DEVIATION 2019-O0003)(15 U.S.C.
637(a)(14)).
[_] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[_] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020)(15 U.S.C. 657f).
[X](22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020) (15 U.S.C.
632(a)(2)).
[_] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
[_](24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business ConcernsEligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).
[_] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
[_](26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).
[X] (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).
[_] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).
[X](29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X](30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
(ii) Alternate I (FEB 1999) of 52.222-26.
[_](31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).
(ii) Alternate I (JULY 2014) of 52.222-35
[X](32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JULY 2014) (29 U.S.C. 793).
(ii) Alternate I (JULY 2014) of 52.222-36
[_] (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
[_] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[X] (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).
[_] (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
140R8120Q0341_Keswick Crustal Stress Analysis Page 9 of 37
[_](37)(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.)
[_](38) 52.223-11,Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons
(JUN 2016)(E.O. 13693)
[_](39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016)(E.O. 13693)
[_] (40)(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.
[_] (41)(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.
[_] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
[_](43)(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.
[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
[_] (45) 52.223-20, Aerosols (JUN 2016)(E.O. 13693)
[_] (46) 52.223-21, Foams (JUN 2016)(E.O. 13693)
[_](47)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[_] (ii) Alternate I (JAN 2017) of 52.224-3.
[X] (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
[_] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 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 (May 2014) of 52.225-3.
[_] (iii) Alternate II (May 2014) of 52.225-3.
[_] (iv) Alternate III (May 2014) of 52.225-3.
[_] (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
140R8120Q0341_Keswick Crustal Stress Analysis Page 10 of 37
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[_] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
[_] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[_] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[_] (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[_](56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
[X] (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).
[_] (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[_] (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[_] (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[_] (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
[_] (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
[_] (ii) Alternate I (Apr 2003) of 52.247-64.
[_] (ii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 items:
[_] (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
[_] (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[_] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[_] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[_] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
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[_](6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
[_](7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
[_] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016)
[_] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
[_] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.
1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).
(ii) 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)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
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(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015)
(viii) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
(ix) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212)
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xiii) 52.222-41, Service Contract Labor Standards AUG 2018) (41 U.S.C. chapter 67).
(xiv) __(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O 13627).
__(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.
1792). Flowdown required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
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52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-01) (Jul 2019)
(a) Definition. Small business concern, as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(b) Applicability. This clause applies only to—
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement.
(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall—
(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;
(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and
(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.
(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.
(End of clause)
**END OF CLAUSES**
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ATTACHMENT A – PERFORMANCE WORK STATEMENT
Performance Work Statement Keswick Stress Field Analysis
May 21, 2020
1.0 Introduction/Background
1.1. Keswick Dam is a concrete gravity dam across the Sacramento River in Northern California. It is part of the Reclamation’s Central Valley Project.
1.2. In order to better understand the seismic hazard at Keswick Dam, Shasta County, California, Reclamation is conducting technical studies to analyze the subsurface in the vicinity of the dam.
The data acquired as part of this contract are also applicable in evaluating the seismic hazard at other Reclamation facilities in northern California.
1.3. Reclamation anticipates awarding a contract to identify, analyze, and interpret data relevant to determining the stress field within the boundaries of northern California.
2.0 Description of Products/Services
This project shall be divided into two phases:
2.1. Phase I: Identifying all relevant data from sources including professional society publications, state agencies, universities, the world stress map database, and oil and gas operators and service companies. Types of data to be considered include, but are not limited to, image logs, caliper logs, sonic logs, and micro seismic data.
2.1.1. Preparation of a written report documenting the sources that were examined and the data that were found. The report format shall be paper (3 copies), and electronic (PDF).
2.1.2. All data and the electronic copy of the report shall be provided on DVD, or on a USB external hard drive.
2.1.3. At the conclusion of Phase I, contractor personnel shall meet with Reclamation personnel to discuss which data should be analyzed and by which methods. This meeting can take place either by an online web conferencing service, or, if the contractor is in the Denver metropolitan area, at the contractor’s site. The total period of performance for both phases shall not exceed 180 days.
2.2. Phase II: Analyzing and interpreting the data to determine the stress field in the area, including any spatial variation, and examining the geologic literature to determine what is known about the temporal evolution of the regional stress field from the Jurassic Period to the present.
2.2.1. Preparation of a written report documenting the processing steps, the results of the interpretation, and summarizing the information that was found regarding the temporal evolution of the stress field. The report format shall be paper (3 copies), and electronic
(PDF).
2.2.2. All data and the electronic copy of the report shall be provided on DVD, or on a USB external hard drive.
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3.0 Personnel Qualifications: Contractor personnel shall provide resumes detailing education and employment history for the personnel who will perform the interpretation. The resume of the project manager or lead shall demonstrate the completion of a Master’s degree or PhD in Geophysics, Petrophysics, Sedimentology, Petroleum Geology, or a related field. Additionally, the project manager or lead shall demonstrate at least 10 years of industry experience in well log interpretation, including image log interpretation, and stress field analysis in the western United States, and shall have access to and experience with WellCAD or equivalent software.
4.0 Government Furnished Materials or Services: Background information on Keswick Dam and the surrounding area.
5.0 Travel and Government Vehicle Requirements: None
6.0 Security
6.1 Should the contractor require access to any proprietary seismic or well log data licensed by Reclamation, the contractor shall sign a non-disclosure agreement agreeing to the terms of Reclamation’s license to use the data. No on-site visits to Reclamation offices are required.
7.0 Training Requirements: None
8.0 Schedule of Deliverables/Period of Performance (POP)
Task Order Reference
Deliverable Date Due
Item 1 Provide a written report on Phase I documenting the sources that were examined and the data that were found.
30 calendar days after award.
Item 2 Provide a conference with Reclamation personnel to discuss which data should be analyzed and by which methods, and to mutually agree on the budget and schedule for Phase II. This meeting can take place either by an online web conferencing service, or, if the contractor is in the Denver metropolitan area, at the contractor’s site.
45 calendar days after award.
Item 3 Provide up to four interim conferences during the interpretation to allow Reclamation personnel to review the results on the contractor’s workstation along with Reclamation’s seismic data processing contractor. The conferences can take place either by an online web conferencing service, or, if the contractor is in the Denver
Schedule to be decided by Reclamation personnel, with input from the contractor, at the conclusion of
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Item 4 Draft report in electronic format, including attachments.
Schedule to be decided by Reclamation personnel, with input from the contractor, at the conclusion of Phase I.
Item 5 Final report, including 3 paper copies in addition to the electronic copy and attachments.
Schedule to be decided by Reclamation personnel, with input from the contractor, at the conclusion of
Phase I.
9.0 Deliverables
9.1. Executed non-disclosure agreement (NDA) must be provided to the Contracting Officer. The NDA will be provided by Reclamation at the time of award.
9.2. Provide one conference with Reclamation personnel at the conclusion of Phase I, and up to four interim conferences during Phase II to discuss the project progression and allow Reclamation to view interim results. The conferences can take place either by an online web conferencing service, or, if the contractor is in the Denver metropolitan area, at the contractor’s site.
9.3. Draft computational results, and draft written report with attachments in electronic format (PDF). Computational results shall be provided on physical media (DVD, USB, or external hard drive), and shall include all items listed in Section Error! Reference source not found.
9.4. Final computational results, and final written report with attachments (3 paper copies plus an electronic copy in PDF format). Computational results shall be provided on physical media (DVD, USB, or external hard drive), and shall include all items listed in Section. The electronic copy of the final written report shall be provided on the same physical media as the computational results.
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10.0 Acceptance and Quality Assurance: Upon notice from the contractor, Reclamation shall have 7 calendar days to review the preliminary results on the Contractor’s workstation, either remotely or on-site (if Contractor is located in the Denver metro area). The contractor shall prepare a draft report for Reclamation’s review, which will be reviewed within 15 calendar days of receipt.
The contractor shall remedy any deficiencies in the report identified by Reclamation and shall submit a final report to Reclamation within 15 calendar days after receipt of Reclamation’s review.
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PROVISIONS
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
FAR Provisions – https://www.acquisition.gov/far/
(End of Provision)
52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (MAR 2020)
This is a requirement for a Firm-Fixed-Price Contract. The period of performance will be 180 days. This award shall be made on Best Value. Best Value means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. The evaluation factors are listed below and in Provision 52.212-2 of this solicitation. Please document the required technical expertise and knowledge indicated in section 3 of the PWS. Facsimile submissions are not authorized for this solicitation. This solicitation does not commit the Government to pay any costs for the preparation and submission of a quote in response to this Request for Quote. All technical questions or questions regarding the Performance Work Statement (PWS) shall be submitted by email only to fpalmer@usbr.gov. The final day for question submission is Friday, May 29, 2020 at 3:00 pm Mountain Time. The Offeror must submit a quote in compliance with the instructions in this Request for Quote and must reference each of the Government’s evaluation factors followed by the offeror’s response in the order listed in solicitation provision 52.212-2 Evaluation - Commercial Items (Oct 2014).
The Offeror shall submit an electronic response of the technical quote via email to fpalmer@usbr.gov.
The information provided shall be concise, factual and complete. The maximum page count for the technical submission is 50 single-sided, size 8.5” x 11”, font type Times New Roman, font size 12.
Proposals that merely offer to provide the services as described in the PWS will not receive further consideration for award. The Offeror shall offer best pricing upfront and shall submit one electronic response of the price quotation. In response to this solicitation, the Contractor shall quote the cost of completing the tasks identified in section 2.0 of the PWS and in accordance with the delivery schedule identified in section 8.0 of the PWS. The cover page shall be the originally signed SF-1449. The signature shall be that of an authorized agent of the company. To be considered responsive, completed technical and pricing responses must be sent electronically via email to fpalmer@usbr.gov and received no later than the closing date and time of this solicitation. As a result of this solicitation, the Government intends to award a single Firm-Fixed-Price contract. The award shall be made to the offeror whose quote is determined to represent the best value to the Government, technical, knowledge, and price. As the technical merits of the quotes become more equal, price may become the determining factor.
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EVALUATION FACTORS
The evaluation factors for this solicitation are as follows:
Factor 1: Technical Expertise and Experience
1) The project manager or lead shall demonstrate at least 10 years of industry experience in well log interpretation, including image log interpretation, and stress field analysis in the western United States, and shall have access to and experience with WellCAD or equivalent software.
Factor 2: Knowledge
1) Submit resumes detailing education and employment history for the personnel who will perform the interpretation. The resume of the project manager or lead shall demonstrate the completion of a Master’s degree or PhD in Geophysics, Petrophysics, Sedimentology, Petroleum Geology, or a related field.
Factor 3: Price
The Government will award a Firm-Fixed-Price contract. In response to this solicitation, the Contractor shall quote the cost of completing the tasks identified in section 2.0 of the PWS in accordance with the delivery schedule identified in section 8.0 of the PWS. Adequate price competition is anticipated;
however, if after receipt of proposals, it is determined that adequate price competition does not exist, then other than cost or pricing data may be required as needed to arrive at fair and reasonable price determinations.
Evaluation Standards:
Factors 1 and 2 are of equal importance and both more important than Factor 3. The price proposals will be evaluated for price reasonableness and any instances of unbalanced pricing. As the technical merits of the quotes become more equal, price may become the determining factor.
BEST VALUE/CONTRACTOR SELECTION AND AWARD APPROVAL. The best value/contractor selection criteria in the solicitation are as follows:
Award will be made to that offeror whose proposal is the most advantageous to the Government and demonstrates that (1) it meets the technical requirements of the solicitation and (2) the proposal’s technical/cost relationship represents the best value to the Government. Evaluation factors other than cost or price, when combined, are SIGNIFICANTLY MORE IMPORTANT THAN price in the award decision. The critical factor in making any cost/technical tradeoff is not the spread between the technical scores but, rather, the significance of that difference. The significance of the spread of scores will be determined on the basis of what the difference might mean in terms of performance and what it would cost the Government to take advantage of it. Award may not necessarily be made for technical capabilities that would appear to exceed those needed for the successful performance of the work. The Government reserves the right to make cost/technical tradeoffs that are in the best interest and advantageous to the Government. The Government may reject any or all offers if such action is determined to be in the best interest of the Government.
EVALUATION CRITERIA
Technical Proposal Adjectival Rating Evaluation Criteria
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OUTSTANDING: Meets or greatly exceeds the stated requirements. Demonstrates an exceptionally thorough approach and fully comprehensive understanding of the requirement. The approach is in-depth, clear, and uniformly exceptional in quality. Consistently high quality performance can be expected. Strengths far outweigh any weaknesses. One or more significant strengths, exceptional features, innovations, or unique solutions exist which provide substantial additional benefit or appreciably reduce the risk of unsuccessful performance. Very few weaknesses exist. No significant weaknesses and no deficiencies exist. Risk of unsuccessful performance is extremely low.
GOOD: Meets or exceeds the stated requirements. Demonstrates a thorough approach and comprehensive understanding of the requirement. The approach is clear and uniformly high in quality.
Consistent quality performance can be expected. Strengths more than outweigh weaknesses. One or more strengths, features, innovations, or solutions exist which provide additional benefit or reduce the risk of unsuccessful performance. Very few or no significant weaknesses exist. No deficiencies exist.
Risk of unsuccessful performance is very low.
ACCEPTABLE: Meets the stated requirements. Demonstrates an adequate approach and satisfactory understanding of the requirement. The approach is comprehensible and uniformly satisfactory in quality. Satisfactory performance can be expected. Strengths generally tend to outweigh weaknesses.
Features, innovations, or solutions may exist however they may not directly provide benefit or reduce the risk of unsuccessful performance. No deficiencies exist. Risk of unsuccessful performance is low or moderate.
MARGINAL: Fails to clearly meet the stated requirements. Does not demonstrate an acceptable approach or clear understanding of the requirement. The approach is not fully comprehensible or it is less than satisfactory in quality. Satisfactory performance cannot be fully expected. Weaknesses generally outweigh Strengths. Unclear as written. Requires revision to clearly meet the stated requirements. Appears to be possible to correct with a reasonable amount of time & effort. At least one deficiency exists. Risk of unsuccessful performance is moderate or high.
UNACCEPTABLE: Fails to meet the stated requirements. Fails to demonstrate a minimally acceptable approach or indicates a significant lack of understanding of the requirement.
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