Sol_140R8124Q0006.pdf
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- Attached to
- 7A--TSC GOVERNMENT COST ESTIMATING SOFTWARE Federal contract opportunity
- Solicitation number
- 140R8124Q0006
About this file
This solicitation is for construction cost estimating software licenses, support, training, and maintenance. The Bureau of Reclamation seeks 18 licenses for a software solution to develop detailed cost estimates for construction contracts. Offerors must submit written answers and technical capability documentation by December 4th. Phase II involves product demonstrations over Teams, with pricing due by a later date. The firm-fixed price contract would include a base year and four option years. Evaluation will assess written responses, demonstrations, pricing, and past performance.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Questions_and_Answers_-_final_0002.pdf | ||
| Sol_140R8124Q0006_Amd_0002.pdf | ||
| Sol_140R8124Q0006_Amd_0001.pdf |
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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
0009910106 CODE 16. ADMINISTERED BYCODE
X
X
513210
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORR81
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
12/04/2023 1700 CS
11/20/2023
303-445-3865Edward Bradford (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140R8124Q0006
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 97 0040640225OFFEROR 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 56, Dock S6, Rm 1950 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
$47
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
Bureau of Reclamation
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
This requirement is for Construction Cost Estimating Software IAW the SOO.
Vendor Questions are due by 5pm CST Monday, November 27, 2023.
Phase I - Vendor Answers are due by 5pm CST Monday, December 4, 2023.
Interested vendors should submit questions and Phase I answers to Edward Bradford at
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Robert Shedrick
. 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.
ebradford@usbr.gov.
00010 Base : 18 EA
Cost Estimate Software Licenses and Support
Product/Service Code: 7A21
Product/Service Description: IT AND TELECOM -
BUSINESS APPLICATION SOFTWARE (PERPETUAL LICENSE
SOFTWARE)
Delivery: 01/15/2024
Period of Performance: 01/15/2024 to 01/14/2025
00020 Base :
Training
Product/Service Code: H169
Product/Service Description: QUALITY CONTROL-
TRAINING AIDS AND DEVICES
Delivery: 01/15/2024
Period of Performance: 01/15/2024 to 01/14/2025
00030 Option 1 : 18 EA
Cost Estimate Software Licenses and Support
(Option Line Item)
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
97 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 97
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140R8124Q0006
Anticipated Exercise Date 01/15/2025
Product/Service Code: 7A21
Product/Service Description: IT AND TELECOM -
BUSINESS APPLICATION SOFTWARE (PERPETUAL LICENSE
SOFTWARE)
Delivery: 12/01/2023
Period of Performance: 01/15/2025 to 01/14/2026
00040 Option 2 : 18 EA
Cost Estimate Software Licenses and Support
(Option Line Item)
Anticipated Exercise Date 01/15/2026
Product/Service Code: 7A21
Product/Service Description: IT AND TELECOM -
BUSINESS APPLICATION SOFTWARE (PERPETUAL LICENSE
SOFTWARE)
Delivery: 01/15/2026
Period of Performance: 01/15/2026 to 01/14/2027
00050 Option 3 : 18 EA
Cost Estimate Software Licenses and Support
(Option Line Item)
Anticipated Exercise Date 01/15/2027
Product/Service Code: 7A21
Product/Service Description: IT AND TELECOM -
BUSINESS APPLICATION SOFTWARE (PERPETUAL LICENSE
SOFTWARE)
Delivery: 01/15/2027
Period of Performance: 01/15/2027 to 01/14/2028
00060 Option 4 : 18 EA
Cost Estimate Software Licenses and Support
(Option Line Item)
Anticipated Exercise Date 01/15/2028
Product/Service Code: 7A21
Product/Service Description: IT AND TELECOM -
BUSINESS APPLICATION SOFTWARE (PERPETUAL LICENSE
SOFTWARE)
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
4 97
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
140R8124Q0006
Delivery: 01/15/2028
Period of Performance: 01/15/2028 to 01/14/2029
00070 52.217-8 : 6-Month Extension: 18 EA
Cost Estimate Software Licenses and Support
(Option Line Item)
Anticipated Exercise Date 01/15/2029
Product/Service Code: 7A21
Product/Service Description: IT AND TELECOM -
BUSINESS APPLICATION SOFTWARE (PERPETUAL LICENSE
SOFTWARE)
Delivery: 01/15/2029
Period of Performance: 01/15/2029 to 07/14/2029
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
STATEMENT OF OBJECTIVES (SOO)
Construction Cost Estimating Software and Support
1.0 INTRODUCTION:
Bureau of Reclamation (Reclamation) is a water management agency with 600 dams in the 17 western states.
We are known best for construction of dams, power plants, and canals, including Hoover Dam on the Colorado River, Grand Coulee Dam on the Columbia River, and Folsom Dam on the American River.
Reclamation is the largest wholesaler of water in the country and second largest producer of hydroelectric power in the western US.
2.0 SCOPE:
The Bureau of Reclamation (Reclamation) has a requirement for 18 licenses for a Heavy Civil and Electrical Construction Cost Estimating Software and (4) option years of software technical support and maintenance on eighteen (18) licenses. The Construction Cost Estimating Software will be used by the Estimating Services Group of the Technical Services Center (TSC) in Lakewood, Colorado to develop detailed Independent Government Cost Estimates for construction contracts in all regions of Reclamation.
3.0 SPECIFICATIONS:
Objectives and Tasks:
1. After award the selected Cost Estimate Software provider shall provide the following items:
A. Installation and Professional Implementation of eighteen (18) software licenses.
B. Initial set up of Reclamation specific resources and templates C. A minimum of 4 days of formal onsite training for up to twenty (20) users at the Reclamation office in Lakewood, Colorado.
D. Software maintenance and technical support for eighteen (18) licenses, with the option to add maintenance and technical support for additional software licenses, if purchased.
E. Set up four (4) option years for software maintenance and technical support on eighteen (18) existing licenses, with an option to add additional licenses, if purchased.
Construction Cost Estimate Software Capabilities:
The Construction Cost Estimating Software shall have a minimum of the following capabilities:
A. Intuitive UX designed program specific to heavy civil and electrical construction cost estimating B. Can support multiple users in the same estimate file simultaneously.
140R8124Q0006 - Construction Cost Estimating Software
C. Has cross functionality with scheduling software (Primavera, MS Project) D. Capable of Import/Export items and costs from Excel Spreadsheet E. Ability to link specific data field in the software to cells in Excel F. Centralized library for construction equipment that includes fuel consumption rates specific to each piece of equipment G. Centralized Library for labor rates H. Automatically incorporate blended labor rate of regular + overtime based on total work hours per day or week I. Search through historical backlog of estimates J. Open Multiple Estimates simultaneously K. Copy/Paste within and between estimates L. Develop extensive task and sub-tasks within cost items M. Add notes to cost items and resources N. Ability to copy complete estimates O. Develop detailed indirect costs and distribute to pay items P. Tools for calculating and linking hauling durations to crew production rates Q. Develop crew and equipment templates/assemblies R. Real time unit cost/unit price recalculation S. Includes built in tool for determine hauling costs T. Contains tools/calculator for developing cost item templates U. Calculate item price as a percentage of total price V. Print Estimate reports to printer or PDF W. Develop multiple bid schedules within an estimate X. Apply markup to subcontractor items Y. Checking in/check out licenses for mobile estimating Z. Filtering capabilities AA. Allocated/Unallocated Items BB. Automatic Saving CC. Ability to develop custom reports DD. Ability to develop custom unit price rounding structure (see attachment)
System Capabilities:
The software shall be located on Bureau of Reclamation Hardware in a Bureau of Reclamation Facility.
Cloud based solutions will be considered but must be FEDRAMP Certified.
The system shall be compliant with the DOI IT Baseline Compliance Contract Guidelines. This will require a multifactor authentication (MFA), Data at Rest (DAR), and Data in Transit (DIT) encryptions. (See attachment)
4.0 PERIOD OF PERFORMANCE:
Project Completion/Delivery Schedule:
The licensing, installation, and training will begin immediately upon Notice to Proceed (NTP) anticipated to begin January 2024. Annual maintenance and support will be provided for 1 year from the date of NTP and 4 additional Option Years anticipated to be completed January 2029. Ability to add additional licenses at same unit price.
Technical Coordination:
The contractor shall coordinate installation, training, maintenance, and support with the COR or designated representatives within the Estimating Services Group.
5.0 DELIVERY and PAYMENT REQUIREMENTS:
Location: Denver Federal Center, CO (Delivery address will be provided upon award).
Date to be Delivered: Delivery, including hardware, software, licenses, system implementation, and training must be made within 45 days of the award.
Payment: This is a FIRM-FIXED PRICE Contract. The vendor is responsible for delivery, including delivery charges to (the DFC/the agreed location), installation, set-up, and training prior to payment.
Note: Deliverables must be accepted by Reclamation before payment is made. Delivery address and contact information will be provided at the time of the award.
Attachment 1 – Reclamation Estimating Rounding Guide 082412
Estimating Rounding Guide
If the number is between: Round to the nearest:
$0.00 $1.00 $0.01
$1.00 $2.00 $0.05
$2.00 $10.00 $0.10
$10.00 $20.00 $0.50
$20.00 $100.00 $1
$100 $200 $5
$200 $1,000 $10
$1,000 $2,000 $50
$2,000 $10,000 $100
$10,000 $20,000 $500
$20,000 $100,000 $1,000
$100,000 $200,000 $5,000
$200,000 $1,000,000 $10,000
$1,000,000 $2,000,000 $50,000
$2,000,000 $10,000,000 $100,000
$10,000,000 $20,000,000 $500,000
$20,000,000 $100,000,000 $1,000,000
$100,000,000 $200,000,000 $5,000,000
$200,000,000 $1,000,000,000 $10,000,000
$1,000,000,000 $2,000,000,000 $50,000,000
$2,000,000,000 $10,000,000,000 $100,000,000
$10,000,000,000 $20,000,000,000 $500,000,000
$20,000,000,000 $100,000,000,000 $1,000,000,000
Clauses
52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEC 2022)
---Addendum to 52.212-4---
DIAR 1452.237-70 INFORMATION COLLECTION - DEPARTMENT OF THE INTERIOR (JUL
1996)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar
(End of clause)
DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-
INVOICE PROCESSING PLATFORM (IPP) (APR 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
'Payment request' means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:
https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Just the invoice.
The Contractor shall also submit an electronic copy of the IPP invoice to ebradford@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.
140R8124Q0006 - Construction Cost Estimating Software http://www.acquisition.gov/far http://www.acquisition.gov/diar http://www.ipp.gov/ mailto:ebradford@usbr.gov
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause)
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)
DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC
2015)
1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
2) The past performance evaluation process is a totally paperless process using CPARS.
CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
mailto:IPPCustomerSupport@fiscal.treasury.gov http://www.cpars.gov/
5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.
c) All information provided should be reviewed for accuracy prior to submission.
d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.
e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
6) The following guidelines apply concerning your use of the past performance evaluation:
a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre- award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
140R8124Q0006 - Construction Cost Estimating Software http://www.cpars.gov/
8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
DOI-AAAP-0055 INTERNET PROTOCOL VERSION 6 (JUN 2012)
1. Any system hardware, software, firmware and/or networked component (voice, video or data) developed, procured, or acquired in support and/or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products.
2. Specifically, any new IP product or system developed, acquired, or produced must:
a. Interoperate with both IPv6 and IPv4 systems and products, and
b. Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.
3. As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government.
The Contractor shall retrofit all non-IPv6 capable equipment, as defined above, that is fielded under this contract with IPv6 capable equipment, at no additional cost to the Government.
4. The contractor shall provide technical support for both IPv4 and IPv6.
5. Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.
6. Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)
52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.
(End of clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months.
(End of clause)
WBR 1452.237-80 SECURITY REQUIREMENTS (MAR 2022) -- BUREAU OF RECLAMATION -
ALTERNATE I (MAR 2022)
The following paragraph (c) is substituted with the paragraph (c) of the basic clause:
(c) Contractor Employee Suitability and Issuance of Government Identification Cards:
(1) Performance of this contract requires Contractor personnel to have a Federal Government-issued HSPD-12/FIPS-201-2-compliant Personal Identification Verification Card (PIV Card) before being allowed unsupervised access to a Federally-controlled facility or information system. An active PIV Card issued by another Federal Government agency will be accepted by Reclamation if the associated background investigation is sufficient for the work and access to facilities and information systems required under this contract, as determined solely by Reclamation. Physical access means routine, unescorted or unmonitored access to non-public areas of a Federally- controlled facility. Logical access means routine, unsupervised access to a Level 3 or 4 Federally controlled information system.
(2) At the Government’s sole discretion, the Government may issue a temporary identification card or visitor identification badge, in lieu of a PIV Card, under one of the following conditions:
(i) The individual will only be associated with Reclamation for a period of 180 days or less, will not have access to sensitive information, and any access to a sensitive area or Federal- controlled information systems will be fully supervised. The 180 calendar day period begins on the first day of the individual’s affiliation with Reclamation (in this case, the date that the individual’s contract performance begins) and ends exactly 180 days later, regardless of the number of times the individual actually accesses a Government facility or information system.
(ii) The individual will only have sporadic access to Federal facilities and information systems; will not have access to sensitive information; and, any access to a sensitive area or Federal- controlled information system will be fully supervised.
(iii) The individual will work exclusively outdoors, will not have access to sensitive information, and any access to a sensitive area or Federal-controlled information system will be fully supervised.
(iv) In paragraphs (i) through (iii), supervised access means the individual’s access to, and movement within, a facility is monitored and controlled sufficiently to prevent access to any unauthorized areas, equipment, or information; and the individual’s access to an information system is monitored and controlled sufficiently to ensure appropriate use of the system and information, and to prevent access to any unauthorized systems or information. Supervision must be performed by an individual with an active Government- issued PIV Card.
(3) The Contractor shall furnish to the COR an alphabetical list of contract personnel, to include subcontractors, who will require access to a Government facility or information system.
The list shall provide the full name, social security number, date of birth, place of birth, purpose or job title, and the estimated duration of access. If the Contractor believes an individual should be issued a temporary identification card or visitor identification badge in lieu of a PIV Card based on the conditions in paragraph (4), then the Contractor must also submit a sufficient written justification as to why the specific individual or individuals will not need a PIV Card. The Contractor shall provide this information before the start of contract performance, or before the start of an individual’s performance when there is a change or addition of personnel, with sufficient time to ensure that performance is not delayed by compliance with credentialing processes.
(4) Any contract employees that will be issued a temporary identification card or visitor identification badge, in lieu of a PIV Card, at the Government’s sole discretion, will be subject to the following credentialing procedures:
visitor badge
(5) Any contract employees that will be issued a PIV Card will be subject to the following credentialing procedures:
(i) The Government will initiate the e-Qip electronic background investigation process, and give the Contractor instructions for completing the background investigation and PIV Card process. As part of the PIV Card process, each Contractor employee shall be required to appear in person at a Government PIV Enrollment Station to have personal identity verification documents verified, have a photograph taken, be fingerprinted, and to pick up and activate the PIV Card when completed. The Contractor must make its personnel available at the place and time specified by the COR in order to initiate this process.
(ii) At least two weeks before start of contract performance, the Contractor must identify all contractor and subcontractor personnel who will require physical access for performance of work under this contract. The Contractor must make their personnel available at the place and time specified by the COR or DOI Access Card Sponsor in order to initiate screening and background investigations. The following electronic forms, or their equivalent, shall be used to initiate the credentialing process:
(a) OPM Standard Form 85 or 85P
(b) OF 306
(c) Release to Obtain Credit Information
(d) Fingerprint Card FD-258 or electronic fingerprints (local procedures may require the fingerprinting to be done at a police station; in this case, any charges are to be borne by the Contractor).
(iii) The cost of completing the above processes and submitting the above forms, including any charges for obtaining fingerprints and traveling to a Credentialing Center for card enrollment and activation, shall be borne by the Contractor. The cost of suitability and PIV-related background investigations shall be borne by Reclamation. For contracts that require a national security clearance, the cost of obtaining the national security clearance, including any associated background investigation, will be borne by the Contractor.
(iv) Contractor employees are required to complete all forms and to give, and to authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government personnel may contact the Contractor personnel being investigated in person, by telephone, or in writing, and the Contractor agrees to make them available for such contact.
(v) For each Contractor employee that will be issued a PIV Card, the Government will conduct a background investigation. The tier level of background investigation for each Contractor employee will be determined by the Government based on the risk and sensitivity levels as described in Reclamation’s 'Personnel Security and Suitability Directives and Standards,' SLE 01-01, which is available at http://www.usbr.gov/recman/DandS.html#sle. At a minimum, each Contractor employee that will be issued a PIV Card will receive a Tier 1 [previously a National Agency Check with Written Inquiries (NACI)] Background Investigation. The minimum standards which will be used in suitability determinations are contained in the DOI Departmental Manual Part 441, Chapter 5, which is available at http://elips.doi.gov/ELIPS/DocView.aspx?id=3858.
(vi) Each Contractor employee in a position designated as higher than Low Risk Non-Sensitive shall be reinvestigated on a periodic basis as described in Reclamation’s Personnel Security and Suitability Directives and Standards. A reinvestigation may also be initiated when the Contractor or the Government believes that a particular individual’s continued ability to meet the contract’s minimum standards is in question; or if it is determined that the position has changed and a higher level investigation is warranted.
(vii) If a Contractor employee has worked under a Federal agency contract within the past two years, and that contract required a successfully-adjudicated background investigation at the same risk level as (or higher than) this contract, further investigation may not be necessary. The Contractor shall provide the COR with documentation that supports the individual’s previous contract work and any information, including name and social security number, date of birth, and place of birth, needed for Government verification of previous background investigation.
http://www.usbr.gov/recman/DandS.html#sle http://elips.doi.gov/ELIPS/DocView.aspx?id=3858
(viii) Contractor employees who have been successfully adjudicated will be issued DOI Access Cards, which must be activated at a USAccess Credentialing Center.
(ix) If the final adjudication is unfavorable on a Contractor employee, or if Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the contracting officer will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring. In the event of a disagreement between the Contractor and the Government concerning the suitability of a particular employee to perform work under this contract, the Government shall have the right of final determination.
Determinations under this requirement are subject to the Disputes Clause. Failure of the Contractor to comply with the requirements of this clause could constitute grounds for termination for default.
(x) Reclamation will not allow a Contractor employee access to their investigation files. An individual may request, under the provisions of the Privacy Act and/or Freedom of Information Act, copies of their files from the investigative agency (Office of Personnel Management). Reclamation will not release a copy of any investigative file, in whole or part, to the Contractor or any Contractor representative.
(xi) During performance of the contract, the Contractor must keep the COR apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the COR and Issuing Office within 24 hours. If reissuance of expired credentials is needed, it must be coordinated through the COR.
(xii) At the end of the contract performance, or when a contractor employee is no longer working under this contract, the Contractor must ensure that all identification cards are returned to the COR.
WBR 1452.237-80 SECURITY REQUIREMENTS (MAR 2022) -- BUREAU OF RECLAMATION
- ALTERNATE IV (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.
--- End of Addendum to 52.212-4---
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021)
(a) Definitions. As used in this clause—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).
Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means–
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR
4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing—
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information;
in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.
For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number;
the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 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 and Other Covered Entities (Nov 2021) (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).
[ ] (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.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (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).
[X] (8) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) [X] (9) 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).
[ ] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Oct 2018) (41 U.S.C. 2313).
[ ] (11) [Reserved].
[ ] (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
[X] (13) 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).
[ ] (14) [Reserved] [ ] (15) (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.
[ ] (16) (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] (17) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C.
637(d)(2) and (3)). [ ] (18) (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. [ ] (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
[ ] (19) (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.
[ ] (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(a)(14)).
[ ] (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct
2022) (15 U.S.C. 657f).
[X] (23) (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.
[ ] (24) 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)).
[ ] (25) 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)).
[ ] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). [ ] (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
[X] (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[X] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).
[X] (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[X] (32) (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] (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29
U.S.C. 793). [ ] (ii) Alternate I (Jul 2014) of…
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