Solicitation_Package_R6024R0024.pdf

U.S. Department of the Interior Bureau of Reclamation Missouri Basin & Arkansas-Rio Grande-Texas-Gulf Region August 2024

Request for Proposal Solicitation No. 140R6024R0024

Hazard Fuel Reduction - Eastern Red Cedar Tree Removal, Lake Thunderbird State Park, Norman Project, Cleveland County, Oklahoma

Lake Thunderbird Norman Project, Oklahoma

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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

R60

See Schedule

0004506041 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR60

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

08/29/2024 1430 MD

08/01/2024

970-744-2908Michael Hirsch (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R6024R0024

5. SOLICITATION NUMBER

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

1 3 0040655841OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

99999 See Award

15. DELIVER TO

Billings MT 59107 PO Box 36900 Regional Office Great Plains Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$34

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ADMINISTERED BY:

Bureau of Reclamation Great Plains Region Regional Office PO Box 36900 Billings MT 59107 US Lake Thunderbird Hazard Fuel Reduction - Eastern Red Cedar Tree Removal, Lake Thunderbird State Park, Norman Project, Cleveland County, Oklahoma Delivery: 12/31/2025 Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Kent R. Munro

. 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 (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

140R6024R0024

Contractors shall submit their quotes electronically by e-mailing their quotes to mhirsch@usbr.gov. Due to server restrictions, file sizes larger than 25MB will require multiple e-mails.

NOTE: Effective October 2018, any contractor to submit an acceptable quote or be awarded a government contract must be registered and active in System for Award Management (SAM). Contractors must register at www.sam.gov

NOTE: Contractor's must submit their SAM Unique Entity ID.

The Contractor agrees to perform the work required at the prices specified in the quote in strict accordance with the terms of this solicitation, if the offer is accepted by the Government in writing within 60 calendar days after the date responses are due.

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

Sponsored by GSA

FAR (48 CFR) 53.110

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. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00010

00020

00030

Base Schedule - 508 Total Acres

Optional Schedule 1 - 216 Total Acres

Optional Schedule 2 - 378 Total Acres

Period of Performance: 10/01/2024 to 12/31/2025

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

1 AU $______________

1 AU $______________

1 AU $______________

Lake Thunderbird Fuel Reduction - Eastern Red Cedar Tree Removal Lake Thunderbird State Park Norman Project, Oklahoma Solicitation No. 140R6024R0024

Price Schedule – Page 1 of 2

SERVICES OR SUPPLIES AND PRICES

B.1 SCHEDULES

(a) Offers will be considered for award based on the total sum of all the schedules, but no offer will be considered for award only part of the schedule(s). Resulting contract award will be made on the Base Schedule. Optional Schedules 1 and 2 will be awarded based on availability of funding and quotes received. If one of both optional schedules are not awarded at the time the Base Schedule is awarded, the Government may unilaterally exercise one or both optional schedules within 120 days of contract award, in accordance with Federal Acquisition Regulation (FAR) clause 52.217-7, Option for Increased Quantity – Separately Priced Line Item.

(b) All quotes are subject to the terms and conditions of this solicitation.

(c) Estimated Acreage - The Government has estimated the number of acres using ArcGIS and Google Earth. The contractor shall make no claim against the Government for any excess or deficiency therein. Options are listed in order of priority. Any Options that are exercised should be performed in order of their listed priorities unless otherwise approved by the CO or COR. There is a total of approximately 1,102 acres, which is broken down as follows:

(d) Definitions:

a. CLIN – Contract Line Item Number

(e) Price Schedules by CLIN

BASE SCHEDULE – 508 Acres (AC)

CLIN Supplies or Services

Quantity and Unit Unit Price Total Amount

1 Tract 1 300 AC $ $ 2 Tract 2 169 AC $ $ 3 Tract 3 39 AC $ $

TOTAL FOR BASE SCHEDULE: $________________

Price Schedule – Page 2 of 2

OPTIONAL SCHEDULE 1 – 216 Acres (AC)

Quantity and Unit Unit Price Total Amount

1 Tract 4 216 AC $ $

TOTAL FOR OPTIONAL SCHEDULE 1: $________________

OPTIONAL SCHEDULE 2 – 378 Acres (AC)

Quantity and Unit Unit Price Total Amount

1 Tract 5 378 AC $ $

TOTAL FOR OPTIONAL SCHEDULE 2: $________________

TOTAL EVALUATED PRICE FOR ALL SCHEDULES: $________________

END OF SCHEDULES

PERFORMANCE WORK STATEMENT

PROJECT TITLE: Fuel Reduction - Eastern Red Cedar Tree Removal, Lake Thunderbird State Park, Norman Project, Oklahoma

1. SECTION C-1 - GENERAL

1.1 BACKGROUND

Reclamation anticipates award of a contract for the mechanical removal of eastern red cedar at Lake Thunderbird State Park (Norman Project) located east of Norman in Cleveland County, Oklahoma to reduce the fuel accumulation.

Reclamation’s Oklahoma-Texas Area Office (OTAO) is responsible for Reclamation activities in all of Texas, except for the area west of the Pecos River Basin, the southern portion of the state of Kansas, which constitutes the Arkansas River Basin, and all Reclamation projects in the state of Oklahoma.

There are six projects with seven major reservoirs in Oklahoma, five of them constructed primarily to provide water to cities and towns. Reclamation Projects in Oklahoma provide irrigation water to more than 45,000 acres of farmland and 133,482 acre-feet of municipal and industrial water to 18 cities. On average over 4.3 million people visit Reclamation projects in Oklahoma annually. OTAO manages approximately 81,000 acres of land through contracts with different state and local entities. The exclusion of fire from the landscape over the last several decades has led to an increase in the invasive eastern red cedar.

The work required under the contract is to mechanically masticate the eastern red cedar from designated areas within Lake Thunderbird State Park (Norman Project) to reduce the wildfire potential, protect Reclamation facilities, and reduce the risk to adjacent communities.

1.2 SCOPE OF WORK

The objective of this contract is to acquire services to mechanically masticate eastern red cedar trees in designated areas within Lake Thunderbird State Park. The contractor shall furnish all labor, materials, transportation, equipment, and supervision to satisfactorily perform the services as specified. The contractor shall perform in accordance with the standards as defined in Section 4.0 of this Performance Work Statement (PWS).

1.2.1 ESTIMATED ACREAGE

The Government has estimated the number of acres using ArcGIS and Google Earth and the contractor shall make no claim against the Government for any excess or deficiency therein. Options are listed in order of priority. Options should be cleared in order, unless approved by COR. There is a total of approximately 1,102 acres, which is broken down as follows:

BASE – 508 Acres Total

Tract 1 – 300 acres Tract 2 – 169 acres Tract 3 – 39 acres

OPTION 1 – 216 Acres Total

Tract 4 – 216 acres

OPTION 2 – 378 Acres Total Tract 5 – 378 acres

2.0 REFERENCES - The following list of documents are required in the performance of this contract:

Number Title and Edition Date Source 1 Inspection and Cleaning Manual for Equipment and Vehicles to Prevent the Spread of Invasive Species (Technical memorandum No. 86-68220- 07-05)

2012 Bureau of Reclamation http://www.usbr.gov/mussels /prevention

2 Reclamation Safety and Health Standards 2009 Bureau of Reclamation http://www.usbr.gov/ssle/saf ety/RSHS/rshs.html

3.0 TASKS - The contractor shall perform the following tasks:

1. Masticate all Eastern Red Cedars in designated areas, as shown on the attached drawing.

A. All equipment must be inspected and cleaned in accordance with Inspection and

Cleaning Manual for Equipment and Vehicles to Prevent the Spread of Invasive Species (Technical memorandum No. 86-68220-07-05) 2012 Edition before entrance to Federal property.

B. Areas within 50 feet of a trail, road, mowed area, or other facility:

1. Ruts more than 4-inches deep or other excessive ground disturbance, as determined by the Quality Assurance Evaluator (QAE), shall be smoothed out and/or filled in.

2. Shred trees into mulch with individual pieces having a maximum 24-inch longest dimension and a maximum 2-inch shortest dimension.

3. Trails, roads, mowed areas, and other facilities shall be clear of any fallen limbs, trees, or other debris larger than listed above.

C. Areas more than 50 feet from a trail, road, mowed area, or other facility:

1. Ruts more than 6-inches deep or other excessive ground disturbance, as determined by the Quality Assurance Evaluator (QAE), shall be smoothed out and/or filled in.

2. Shred trees into mulch with individual pieces having a maximum 36-inch longest dimension and a maximum 4-inch shortest dimension.

D. All masticated material shall be spread to a depth of no more than 6 inches.

E. All stumps shall be cut flush with the ground surface; removal below the ground surface is not required.

F. Avoid removing other tree species larger than 6-inch diameter at breast height.

G. Work shall not be performed using equipment which will up-root trees.

http://www.usbr.gov/mussels/prevention http://www.usbr.gov/mussels/prevention http://www.usbr.gov/ssle/safety/RSHS/rshs.html http://www.usbr.gov/ssle/safety/RSHS/rshs.html

2. Manually lop and scatter all eastern red cedars in areas where topography, fences, or tree density prohibits the use of machinery.

A. All stumps shall be cut flush with the ground surface; removal below the ground surface is not required.

B. The slash, cut down cedars, associated with the lop and scatter shall not exceed a vertical height of 18 inches and maximum length 24 inches.

4.0 PERFORMANCE REQUIREMENTS SUMMARY

Task No.

Task Description

Performance

Indicator

Performance

Standard

Minimum Acceptable Quality

Level 1 Masticate all eastern red cedar trees in designated tracts.

The number of live eastern red cedar trees remaining per acre after treatment.

No live standing eastern red cedar trees remaining per acre after treatment.

No live standing eastern red cedar trees greater than three (3) feet tall. No more than five live standing eastern red cedar trees less than three (3) feet tall remaining per acre after treatment.

Manually lop and scatter all eastern red cedar trees in areas where topography or tree density prohibits the use of machinery.

The number of live eastern red cedar trees remaining per acre after treatment.

No live standing eastern red cedar trees remaining per acre after treatment.

No live standing eastern red cedar trees greater than three (3) feet tall. No more than five live standing eastern red cedar trees less than three (3) feet tall remaining per acre after treatment.

5.0 DELIVERABLES - The contractor shall provide the following data and reports as follows prior to initiation of any on-site activities:

Item No.

Description

Content

Delivery

1 Liability Insurance

Acceptable Certificate of Liability Insurance

1 Electronic copy to CO prior to commencing work

2 Safety Program Written safety plan compliant with Reclamation Safety and Health Standards

1 Electronic copy to COR prior to commencing work

3 Fire Prevention Plan

Mitigating actions to be taken to prevent accidental fires

1 Electronic copy to COR prior to commencing work

6.01 SAFETY PROGRAM

A. Submit the following in accordance with Section 5 - Deliverables.

B. RSN 01 35 20-1, Safety program:

1. Submit a comprehensive, job-specific safety and health program in accordance with

Section 5 - Deliverables and in accordance with the requirements of Section 3.3 of the Reclamation Safety and Health Standards (RSHS).

2. The Safety Program will not be accepted for review by the COR unless it addresses, in order, lettered and numbered per Appendix B of the RSHS, a comprehensive narrative for each applicable item in the outline and program elements contained in these specifications.

3. Generic company safety programs are not acceptable. The Safety Program must be site specific for this contract.

4. The Contractor’s Safety Program must be submitted and accepted by Reclamation prior to commencing onsite work, including mobilization.

5. The Safety Program Statement of Responsibility must state that “the contractor is responsible for ensuring that all work will be in compliance with Reclamation Safety and Health Standards and these specifications.”

C. RSN 01 35 20-2, Monthly accident summary report:

1. Form 7-2218 or other acceptable form in accordance with paragraph 3.8 of RSHS.

2. Submit on the first day of every month.

6.01.1 SAFETY AND HEALTH

A. Comply with RSHS, local safety programs, and any other referenced safety and health standards. Perform work in accordance with the specific safety program elements and referenced standards.

B. Provide and maintain a work environment and procedures that will:

1. Safeguard the public, Government personnel, and Contractor employees from

Contractor operations and activities that are unsanitary, hazardous, or dangerous to health and safety.

C. For each operation requiring the use of heavy equipment, in addition to the use of backup alarms and high visibility vests, include in the Job Hazard Analysis specific steps to ensure the protection of onsite personnel (internal traffic control) from the hazards of being struck by or caught between moving equipment while working around such equipment. Possible methods of controlling said hazards may include radio communications, backup cameras and/or proximity devices, designated observers, etc. Provide all appropriate safety barricades, signs, and warnings.

D. Comply specifically with all requirements contained in RSHS Section 3 - Contractor Requirements.

E. Investigate and report all accidents, incidents and near misses in accordance with RSHS Section 3.7.

F. When the Contractor fails or refuses to promptly correct a compliance directive, the Contracting Officer (CO) may issue an order to stop all or any part of the work.

1. When satisfactory corrective action is taken, an order to resume work will be issued.

2. The Contractor shall not be entitled to extension of time or to claim for damage or to additional compensation by reason of ether the directive or the stop order.

3. Failure of the CO to order discontinuance of any or all of the Contractor’s operations shall not relieve the Contractor of the responsibility for the safety of personnel and property.

G. Disputes regarding safety and health issues will be settled in accordance with RSHS Section 3.

H. The Contractor shall be responsible for providing medical and emergency assistance in a timely manner that is consistent with recognized emergency protocols.

1. In instances where local emergency responders are not readily available, the responsibility to provide emergency services shall default back to the Contractor.

I. The Contractor shall be responsible for ensuring that Subcontractors comply with the requirements set forth in this specification, written programs, the regulatory standards and the industry standards incorporated by reference in the RSHS and OSHA standards.

J. Where there is conflict between the standards, the more stringent or restrictive shall be utilized.

K. The Contractor shall fully participate in the Contractor Safety Program Review meeting, according to RSHS Section 3.4.1. The Contractor Safety Program Review meeting will take place before the start of construction.

1. Include subcontractor management representatives.

2. The Safety Personnel shall be present, in order to discuss in detail, the Safety Program and Plans.

3. The COR, the Contractor's principal onsite representative, and designated members of respective staffs must participate in the Price Scheduled monthly safety meeting (JPSM) according to RSHS Section 3.4.2.

L. The minimum work crew at any time on the construction site shall consist of no less than two

(2) people.

6.01.2 ONSITE SAFETY REPRESENTATIVE

A. Designate an employee as the Contractor’s Onsite Safety Representative prior to start of construction.

B. Contractor’s Onsite Safety Representative authorities, duties, and responsibilities:

1. Review and approve the Contractor’s Safety Program prior to submittal.

2. Responsible for effectively implementing the Contractor’s Safety Program.

3. Full authorization to correct unsafe acts on the spot.

4. Prepare safety inspection reports.

5. Onsite during construction activities.

6.01.3 QUALITY ASSURANCE

C. Contractor’s Onsite Safety Representative:

1. The effectiveness of the Contractor’s Onsite Safety Representative in prosecuting the safety program will be subject to continued review and approval by the CO.

2. Should the Contractor’s safety effort be considered inadequate, the CO has the option to require the Contractor to employ a qualified Safety Professional.

D. Safety Program:

1. The effectiveness of the Contractor’s Safety Program will be subject to continued review and approval by the CO.

6.02 ENVIRONMENTAL CONTROLS

A. Comply with Federal, State, and local laws and regulations.

B. Comply with RSHS.

C. Conform to most stringent requirement in cases of conflict between specifications, regulatory requirements, and RSHS.

E. The CO may stop service activity in violation of Federal, State, or local laws and additional expenses resulting from work stoppage will be responsibility of Contractor.

6.02.1 DUST CONTROL

A. Provide dust control and abatement during performance of work.

B. Prevent, control, and abate dust pollution on rights-of-way provided by Government or elsewhere during performance of work.

C. Provide labor, equipment, and materials, and use efficient methods to prevent dust nuisance or damage to persons, property, or activities, including, but not limited to, crops, orchards, cultivated fields, wildlife habitats, dwellings and residences, agricultural activities, recreational activities, traffic, and similar conditions.

6.02.2 AIR POLLUTION CONTROL

A. Use reasonably available methods and devices to prevent, control, and otherwise minimize atmospheric emissions or discharges of air contaminants.

B. Do not operate equipment and vehicles that show excessive exhaust gas emissions until corrective repairs or adjustments reduce such emissions to acceptable levels.

6.02.3 NOXIOUS WEED CONTROL

A. Before bringing on site, clean construction equipment to remove dirt, vegetation, and other organic material to prevent introduction of noxious weeds, and invasive plant and animal species.

B. Contractor cleaning procedures shall result in equipment being cleaned as well or better than the procedures described in USBR Cleaning Manual.

6.02.4 FIRE PREVENTION PLAN

A. Before mobilizing for construction, contractor shall prepare a Fire Prevention Plan identifying risks associated with the construction process and mitigating actions to be taken by the contractor to prevent accidental fires during construction.

B. The Fire Prevention Plan shall also include contact information for emergency responders in the event of a fire.

Clauses - Page 1 of 32

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1

Clauses - Page 2 of 32 dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices.

An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34

Clauses - Page 3 of 32

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

Clauses - Page 4 of 32

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2

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(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

https://www.acquisition.gov/far/part-32#FAR_32_608_2

Clauses - Page 6 of 32

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

---Addendum to 52.212-4---

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of clause)

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

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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.242-15 STOP-WORK ORDER (AUG 1989)

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

PROCESSING PLATFORM (IPP) (FEB 2021)

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

http://www.acquisition.gov/far http://www.acquisition.gov/diar

Clauses - Page 8 of 32

'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:

The Contractor shall submit an electronic copy of the invoice to the Contract Specialist (CS) and the designated Contracting Officer Representative (COR). The CS and COR will evaluate the submitted invoice and will provide an approval by emailing the Contractor with a Contracting Officer (CO) signed invoice. The CS may also reject the invoice. In this case, an email will be provided to the Contractor with detailed information to revise the invoice as needed for CO approval. The Contractor must obtain a CO approved invoice prior to submitting the invoice into IPP. The Contractor shall also submit an electronic copy of the IPP invoice to the CS once the invoice has been submitted to IPP. Failure to email the IPP invoice may cause significant delays or possible rejected of the payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

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

(End of Local Clause)

DOI-AAAP-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.

https://www.ipp.gov./ mailto:IPPCustomerSupport@fiscal.treasury.gov

Clauses - Page 9 of 32

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/.

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-https://www.cpars.gov/ https://www.cpars.gov/

Clauses - Page 10 of 32 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.

(End of Local Clause)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

(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

Clauses - Page 11 of 32 authorized users are permitted to execute.

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

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

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

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

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

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

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

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

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

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

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

(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), Clauses - Page 12 of 32 in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED…