_Solicitation_No__140R3022R0014_-_Interpretive_Exhibit_Fabrication_and_Installation.pdf

Solicitation No. 140R3022R0014 Contract No. TBD 100% Small Business Set Aside Commercial Services Acquisition

Interpretive Exhibit Fabrication and Installation Services

U.S. Department of the Interior Bureau of Reclamation Interior Region 8: Lower Colorado Basin

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FOREWORD

Solicitation No.

140R3022R0014

Project Title

The Bureau of Reclamation, Lower Colorado Basin has a requirement for interpretive exhibit fabrication and installation services at the Hoover Dam Visitor Center. The work includes, but is not limited to, the furnishing of labor, materials and equipment to fabricate, ship and install complete and functioning interpretive exhibits as described in the Specifications. The floor space is 9,195 square feet and the exhibit install space is 5,700 square feet.

This acquisition is being procured under Federal Acquisition Regulations Part 12 in conjunction with Part 15, Contracting by Negotiation. Offerors are cautioned to carefully review the offer submission requirements and evaluation criteria contained in Section E. To be considered qualified for this work, offerors must fully address all evaluation factors. Failure to comply with these requirements may result in a proposal being determined unacceptable. The Government anticipates making award without discussions.

SITE VISIT: An organized site visit will be held on August 4, 2022, at 8:00 a.m. PDT at the Hoover Dam, located about seven (7) miles from Boulder City, NV. All site visit attendees will meet at the Visitor Center. Contact Ms. Verónica Rodriguez, Contract Specialist at vrodriguez@usbr.gov if you intend to attend the site visit by no later than August 2, 2022, at 2:00 p.m. PDT. If no notification is received from interested vendors, the site visit will be cancelled.

Vendors are urged and expected to inspect the site where work is to be performed and to satisfy themselves regarding all general and local conditions that may affect the price of the work to be performed, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitutes grounds for a claim after award of the contract.

WRITTEN QUESTIONS: Reclamation will only accept written questions for this solicitation. Please submit all written questions pertaining to this Request for Proposals (RFP) to Ms. Verónica Rodriguez at vrodriguez@usbr.gov no later than August 9, 2022, at 2:00 pm PDT. The subject line shall clearly reference the RFP Number associated with this RFP. Offerors are responsible for ensuring that the Contract Specialist has received the questions submitted by the due date. No questions will be entertained after this date.

For date and place of receipt of proposals see Standard Form (SF) 1449 – Solicitation/Contract Order for Commercial Items.

PERFORMANCE OF WORK REQUIREMENTS/LIMITATIONS ON SUBCONTRACTING:

This acquisition is restricted to Small Business concerns. Reference FAR Clauses 52.219-6 and 52.219-14 incorporated at Section C for associated requirements and limitations on subcontracting.

OTHER NOTES TO QUOTERS: For information regarding Bureau of Reclamation’s publication “Reclamation Safety and Health Standards" (2009 Edition as revised, with revisions at http://www.usbr.gov/ssle/safety/RSHS/rshs.html ) which is applicable to work to be performed, see clause WBR 1452.223-81 Safety and Health.

mailto:vrodriguez@usbr.gov http://www.usbr.gov/ssle/safety/RSHS/rshs.html

FOREWORD

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TABLE OF CONTENTS Solicitation No.

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TABLE OF CONTENTS

PART A – Standard Form (SF) 1449 – Solicitation/Contract Order for Commercial Items

PART B - CONTINUATION OF BLOCKS FROM SF-1449

PART B - Continuation of Blocks from SF-1449

a. Block 14: Method of Solicitation B-1

b. Block 17a: Contractor’s Administration Personnel B-1

c. Blocks 19 through 24 – Schedule of Supplies/Services B-1

d. Performance Period B-3

PART C - CONTRACT CLAUSES

PART C – Contract Clauses C.1 Clauses Incorporated by Reference C-1 C.2 Addendum to 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services C-2

a. 52.204-21, Basic Safeguarding of Covered Contractor Information Systems C-2

b. 52.252-6, Authorized Deviations in Clauses C-3

c. 1452.228-70, Liability Insurance -- Department of The Interior C-4

d. DOI-AAAP-0050 V2, Contractor Performance Assessment Reporting System C-4

e. WBR 1452.201-80, Contracting Officer’s Representative Authorities and

Limitations - Bureau of Reclamation C-6

f. WBR 1452.223-81, Safety and Health -- Bureau of Reclamation C-7

g. WBR 1452.232-80, Limitation of Funds -- Bureau of Reclamation C-8

h. WBR 1452.237-80, Security Requirements--Bureau of Reclamation C-9

i. WBR 1452.242-80, Postaward Conference -- Bureau of Reclamation C-19

C.3 52.215-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services

C-20

C.4 52.219-14, Limitations on Subcontracting (Deviation Sep 2021) C-25 C.5 Electronic Invoicing and Payment Requirements - Internet Payment Platform

(IPP)

C-27

PART D – CONTRACT DOCUMENTS EXHIBITS OR ATTACHMENTS

PART D - Contract Documents, Exhibits or Attachments D.1 List of Attachments D-1

PART E – SOLICITATION PROVISIONS

(This part will be removed after award.)

PART E – Solicitation Provisions E.1 Solicitation Provisions Incorporated by Reference E-1 E.2 Addendum to 52.212-1 Instruction to Offerors – Commercial Products and

Commercial Services E-2

a. 52.204-20, Predecessor of Offeror E-2

b. 52.204-26, Covered Telecommunications Equipment or Services-Representation E-2

c. 52.209-5, Certification Regarding Responsibility Matters E-3

d. 52.209-7, Information Regarding Responsibility Matters E-5

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e. 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability

Or A Felony Conviction Under Any Federal Law E-6

f. 52.211-3, Availability of Specifications Not Listed in The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions

E-6

g. 52.216-1, Type of Contract E-9

h. 52.222-22, Previous Contracts and Compliance Reports E-12

i. WBR 1452.215-80, Source Selection Evaluation Procedures—Bureau of

Reclamation E-12

j. WBR 1452.215-81, Proposal Instructions – Bureau of Reclamation E-13

k. WBR 1452.215-82, Evaluation for Award -- Quality

Predominance -- Bureau of Reclamation E-19

E.3 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services

E-21

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CONTRACT FORM - PAGE 1

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SECTION A Solicitation No.

Project Title

CONTRACT FORM - PAGE 2

SECTION A Solicitation No.

Project Title

CONTRACT FORM - PAGE 2

Part B – Continuation of Blocks from SF-1449

Solicitation No.

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PART B – CONTINUATION OF BLOCKS FROM SF 1449

a. Block 14: Method of Solicitation

This acquisition is being conducted in accordance with FAR Subpart 12, Acquisition of Commercial Products and Commercial Service, as a combination of FAR Parts 12 and 15, Contracting by Negotiation.

b. Block 17a: Contractor’s Administration Personnel

Name: ________________________________________________ Title: _________________________________________________ Address: ______________________________________________

City/State/Zip: _________________________________________ Telephone No: _________________________________________ E-mail.: ______________________________________________ (Complete and submit with Quote.)

c. Blocks 19 through 24: Schedule of Supplies/Services

Price Schedule

(a) The Offeror shall furnish the items identified in this Section, in accordance with the terms, conditions, and specifications contained in the contract.

(b) An Offeror proposing prices on only one schedule or part of a schedule or schedules will not be considered for award.

(c) Definitions:

(1) CLIN – Contract Line-Item Number (if necessary).

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CONTINUATION OF

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

CLIN Supplies/Services QTY Unit Unit Price Total

1.0 - Fabrication of Flowing Waters Exhibit

10 1.1.1 – Feature Wall – Flowing Waters 1 LS $ $

2.0 – Fabrication of Why Was it Built Exhibit

20 2.1.1 - Introduction 1 LS $ $ 21 2.2.1 - Harnessing the River (AV) 1 LS $ $ 22 2.2.2 - Hoover as a Negotiator 1 LS $ $

3.0 – Fabrication of Mobilization Exhibit 30 3.1.1 – Passageway Experience 1 LS $ $ 31 3.1.2 – Passageway Immersive AV 1 LS $ $ 32 3.1.3 – Construction Audioscape 1 LS $ $ 33 3.1.4 – Joe McGee 1 LS $ $

4.0 – Fabrication of How Was it Built Exhibit 40 4.1.1 – Six Companies 1 LS $ $ 41 4.1.2 – Pre-Construction/Diversion Tunnels 1 LS $ $ 42 4.1.3 – Design and Engineering Video 1 LS $ $ 43 4.1.4 – Design and Engineering 1 LS $ $ 44 4.1.5 – Design Materials and Finishes 1 LS $ $ 45 4.1.6 – Surveyor/Transit Views 1 LS $ $ 46 4.2.1 – Prepping the Site/Highscalers 1 LS $ $ 47 4.2.2 – Concrete Pour 1 LS $ $ 48 4.2.3 – Construction Model 1 LS $ $ 49 4.2.4 – Construction Model Interactive 1 LS $ $ 50 4.2.5 – Dam Wall Timeline Projection 1 LS $ $ 51 4.2.6 – A Day on the Job 1 LS $ $ 52 4.2.6 – A Day on the Job Audio Stories 1 LS $ $ 53 4.3.1 - Ragtown 1 LS $ $ 54 4.3.2 – Ragtown Audio Stores 1 LS $ $ 55 4.3.3 – Boulder City 1 LS $ $ 56 4.3.4 – Boulder City Doorway 1 LS $ $

5.0 – Fabrication of How Does it Work Exhibit 60 5.1.1 – Inside the Dam 1 LS $ $ 61 5.2.1 – Turbine Photo-Op 1 LS $ $ 62 5.3.1 – Exit Mural and Display Case 1 LS $ $ 70 Installation Services of all Exhibits 1 LS $ $ 80 Descriptive Audio 1 LS $ $ 90 Exhibit Lighting 1 LS $ $

100 AV Hardware Racks and Controls 1 LS $ $ Total $

d. Performance Period

The overall contract performance period of this contract is 425 calendar days from date of award.

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Part C – Contract Clauses

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PART C – CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Federal Acquisition Regulations (FAR) clauses: https://www.acquisition.gov/browse/index/far and Department of the Interior Acquisition Regulations (DIAR) clauses: https://www.acquisition.gov/diar

In addition, clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-01, etc.; and DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70.

The following referenced clauses are hereby incorporated into and made a part of this contract.

Clause Title Date 52.203-3 Gratuities APR 1984 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights

JUN 2020

52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial

Services

NOV 2021

52.215-2 Audit and Records--Negotiation JUN 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Small Business Subcontracting Plan NOV 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.227-1 Authorization and Consent JUN 2020 52.228-5 Insurance--Work on a Government Installation JAN 1997 52.229-3 Federal, State, And Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021 52.233-1 Alt I Disputes (May 2014) - Alternate I (Dec 1991) MAY 2014 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/diar

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52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-15 Stop-Work Order AUG 1989 52.246-16 Responsibility for Supplies APR 1984 52.246-25 Limitation of Liability-Services FEB 1997 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 1452.201-70 Authorities and Delegations - Department of the Interior SEP 2011 1452.203-70 Restrictions on Endorsements - Department of the Interior JUL 1996 1452.204-70 Release of Claims - Department of the Interior JUL 1996 1452.215-70 Examination of Records by the Department of the Interior APR 1984

C.2 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

a. 52.204-21 BASIC SAFEGUARDING OF COVERED

CONTRACTOR INFORMATION SYSTEMS

NOV 2021

(a) Definitions. As used in this clause—

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

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

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

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

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

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

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

b. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES NOV 2020

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

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c. 1452.228-70 LIABILITY INSURANCE -- DEPARTMENT OF THE

INTERIOR

JUL 1996

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY

$100,000

GENERAL LIABILITY

$500,000 per occurrence

AUTOMOBILE LIABILITY

$200,000 each person $500,000 each occurrence $ 20,000 property damage

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The Contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

d. DOI-AAAP-0050 V2 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 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html

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Page C-5 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/.

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.

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.

https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/

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e. WBR 1452.201-80 CONTRACTING OFFICER’S

REPRESENTATIVE AUTHORITIES AND

LIMITATIONS - BUREAU OF RECLAMATION

MAY 2018

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

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

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

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

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

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

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

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

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

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

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

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

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause.

If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the 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 -

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(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.”

f. WBR 1452.223-81 SAFETY AND HEALTH -- BUREAU OF

RECLAMATION

AUG 2021

(a) The Contractor shall not require any person employed in the performance of this contract (including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's health or safety.

(b) Contractor shall comply with the most current version of the Bureau of Reclamation, Reclamation Safety and Health Standards (RSHS) and, if applicable, the requirements of the Accident Prevention Clause (FAR 52.236-13).

The RSHS manual shall be obtained at http://www.usbr.gov/ssle/safety/RSHS/rshs.html

(c) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910 from the Occupational Safety and Health Administration, U.S. Department of Labor, www.osha.gov .

(d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, the more stringent requirement shall prevail .

(e) The Contractor shall submit a written proposed safety program as prescribed in the RSHS and the written specifications.

(f) The Contractor shall maintain an accurate record of and shall report to the Contracting Officer (or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines.

(g) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

(h) If the RSHS is updated or amended by Reclamation during the course of this contract, the contractor will be notified in writing. The contractor shall comply with the current RSHS immediately upon written notification. Should the contractor feel that the updated version of RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request an equitable adjustment in the contract price. Any such requests shall include a price proposal submitted in compliance with Contract Clause WBR 1452.243-80, Modification Proposals - Bureau of Reclamation, and in sufficient detail to allow meaningful analysis of labor, equipment and material.

https://doimspp-my.sharepoint.com/personal/bcollins_usbr_gov/Documents/Microsoft%20Teams%20Chat%20Files/www.osha.gov

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g. WBR 1452.232-80 LIMITATION OF FUNDS -- BUREAU OF

MAR 2022

(a) Pursuant to Section 12 of the Reclamation Project Act of 1939 (43 U.S.C. 388) incremental funding for this contract will be made available in accordance with this clause. This statute permits the Secretary of the Interior to enter into contracts which will cover such periods as the Secretary may consider necessary but in which liability of the United States shall be contingent upon appropriations being made therefore. For purposes of this clause, the term "appropriations" includes the Bureau of Reclamation’s subsequent allocation of funds for this contract.

(b) Incremental funding in the amount of $TBD is presently available for payment and allotted under this contract for [Insert a description of work required under the contract or identify contract line items, if appropriate]. This present funding allotment is contemplated to cover the work to be performed until TBD A schedule for anticipated future funding allotments is as follows. This information is for planning purposes only and may not be fully representative of the funds actually allotted under this contract

FISCAL YEAR FUNDING AMOUNT:

On award of contract $TBD -

FY 23 $TBD

(c) For work identified in paragraph (b) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of specified work for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor shall not be obligated to continue performance of this work beyond that point. The Government shall not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for this work notwithstanding any contrary provisions of the Termination for Convenience of the Government clause of this contract.

(d) Notwithstanding the date specified in paragraph (b) of this clause, the Contractor shall notify the Contracting Officer in writing at least sixty days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 75 percent of the total amount then allotted to the contract for performance of work identified in paragraph (b) of this clause. The notification shall state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of the work up to the next scheduled date for allotment of funds identified in paragraph (b) of this clause, or to a mutually agreed upon substitute date. The notification shall also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of work funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (b) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer shall terminate any work for which additional funds have not been allotted, pursuant to the Termination for Convenience of the Government clause of this contract.

(e) When additional funds are allotted for continued performance of the work identified in paragraph (b) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraph (c) through (e) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly through revision of paragraph (b) of this clause. The Contracting Officer is the only person authorized to provide

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Page C-9 notice, communication, or other form of representation to increase or decrease the amount of funds allotted by the Government to this contract. . If agreement cannot be reached, the Contracting Officer will make a final decision as to the period of contract performance that will be covered by the funds. This decision may be appealed by the Contractor under the Disputes clause of the contract.

(f) If, solely by reason of failure of the Government to allot additional funds in amounts sufficient for timely performance of the work identified in paragraph (b) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of work, or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder shall be a dispute concerning a question of fact within the meaning of the Disputes clause of this contract.

(g) The Government may at any time prior to termination allot additional funds for the performance of the work identified in paragraph (b) of this clause.

(h) The termination provisions of this clause do not limit the rights of the Government under the Default clause of this contract. The provisions of this clause are limited to the work and allotment of funds as set forth in paragraph (b) of this clause. This clause is inapplicable once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (e) or (f) of this clause.

(i) Change orders shall not be considered authorization to exceed the amount allotted by the Government as specified in paragraph (b) of this clause unless the amount is increased by inclusion of a statement contained in the change order.

(j) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the Termination for Convenience of the Government clause of this contract.

h. WBR 1452.237-80 SECURITY REQUIREMENTS--BUREAU OF

(a) General Security Requirements:

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

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

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

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Page C-10 assigned duties, the contracting officer will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.

(3) The Contractor’s employees governed by this contract may need access to sensitive information and/or sensitive areas. The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.

(4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract.

(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note: within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor immediately, but not later than within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.

(8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government. The Contractor may be charged up to $500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the

COR.

(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. For all non-U.S.

citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual’s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the

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Page C-11 facility. A driver’s license is not acceptable identification. In addition, a completed form I-94 shall be submitted to the COR upon the individual’s arrival at the work facility and prior to beginning work.

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the contracting officer. The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.

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

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

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

(b) Information Security Requirements.

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

the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation Directives and Standards SLE 02-01 Identifying and Safeguarding Controlled Unclassified Information (CUI), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.

(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the contracting officer may the Contractor retain the material.

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The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the contracting officer.

Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the contracting officer, records of the names of individuals who have access to sensitive material in its custody and the sensitive material to which the individuals had access. All questions regarding information security, access, and control shall be referred to the COR.

(ii) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the contracting officer has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the contracting officer ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the contracting officer.

(iii) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed film or similar information which may affect the security interests of Government has occurred. This requirement extends to employees and other personnel working on behalf of the Contractor, and expands responsibility to include prompt reporting of security issues, including observed or subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive information.

(2) Classified Information.

(i) The disclosure of U.S. Government documents by third parties can result in damage to our national security. While this contract may not deal directly with classified information, each contractor is obligated to protect classified information pursuant to all applicable laws and to use Government information technology systems in accordance with agency procedures so that the integrity of such systems is not compromised.

(ii) Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites, or other electronic or non-electronic media) do not alter the documents' classified status or automatically result in declassification of the documents.