Terms_and_Conditions_140A1124R0016.pdf

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Provide well repairs/rehabilitation services Federal contract opportunity
Solicitation number
140A1124R0016
Issued by
Department of the Interior Bureau of Indian Affairs Western Region

About this file

This document is a Request for Proposals (RFP) for well repairs and rehabilitation services for the San Carlos Irrigation Project (SCIP) in Arizona. The SCIP requires a contractor to assess and repair up to 98 irrigation wells and pump systems, some dating back to the 1930s and 1940s, that are operating at low efficiency. The selected contractor will perform on-site analysis and diagnosis, video inspections, and necessary repairs or upgrades to well casings, pumps, motors, and electrical control systems. The contract will be awarded for one year with four optional renewal years. Pricing is requested for various line items including mobilization, labor, equipment, and materials. This is a small business set-aside with a NAICS code of 811310 and a $12.5 million size standard. The areas served by the SCIP wells are located across Pinal County, Arizona and on the Gila River Indian Reservation.

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BIA Western Regional Office RFP No. 140A1124R0016

TABLE OF CONTENTS

1. SECTION B SUPPLIES OR SERVICES AND PRICES

QUOTE SCHEDULE

2. SECTION C DESCRIPTION / SPECIFICATIONS

Specification / Statement of Work / Performance Work Statement

3. SECTION F DELIVERIES OR PERFORMANCE

1452.280-3 Subcontracting limitations February 2021 52.219-14 Limitations on Subcontracting Oct 2022 (DEVIATION) 52.222-20 Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 June 2020 52.242-15 Stop-Work Order August 1989

4. SECTION G CONTRACT ADMINISTRATION DATA

DOI Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) April 2013 CPARS July 2010

5. SECTION I CONTACT CLAUSES

1452.203-70 Restrictions on Endorsements—Department of the interior July 1996 (Deviation) 52.203-17 Contractor or Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights June 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality January 2017 Agreements or Statements

52.204-12 Unique Entity Identifier Maintenance October 2016 52.204-13 System for Award Management Maintenance October 2018 52.204-19 Incorporation by Reference of Representations Certifications December 2014 Certifications 52.212-4 Contract Terms and Conditions -- Commercial Products and November 2023 Commercial Services 52.212-5 Contract Terms and Conditions Required to Implement May 2024 Statutes or Executive Orders – Commercial Products or Services 52.216-18 Ordering August 202 52.216-22 Indefinite Quantity October 1995

52.217-8 Option to Extend Services November 1999 52.217-9 Option to Extend the Term of the Contract March 2000 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors December 2013 52.233-3 Protest after Award August 1996 52.252-2 Clauses Incorporated by Reference February 1998

6. SECTION J LIST OF ATTACHMENTS

7. SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN SEPTEMBER 2007

FEDERAL TRANSACTIONS

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal January 2017 Confidentiality Agreements or Statements-Representation

52.207-4 Economic Purchase Quantities August 1987 52.204-17 Ownership or Control of Offeror August 2020 52.204-20 Predecessor of Offeror August 2020 52.204-24 Representation Regarding Certain Telecommunications and Video October 2020 Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services-Representation Ocrtober 2020 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation November 2015 52.209-5 Certification Regarding Responsibility Matters August 2020

52.209-7 Information Regarding Responsibility Matters October 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law February 2016 52.212-3 Offeror Representations and Certifications-Commercial Products and December 2022 Commercial Services

52.219-1 Small Business Program Representations February 2024 52.225-2 Buy American Certificate February 2021 52.225-18 Place of Manufacture August 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications June 2020

8. SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS

Quote completion & submission Instructions

1452.233-2 Service of Protest Department of the Interior July 1996 (Deviation) 1452.236-71 Additive or Deductive Items – Department of the Interior July 1996 (Deviation) 52.204-6 Unique Entity Identifier October 2016 52.204-7 System for Award Management October 2018 52.204-16 Commercial and Government Entity Code Reporting August 2020 52.204-22 Alternative Line Item Proposal January 2017

52.204-18 Commercial and Government Entity Code Maintenance August 2020 52.211-6 Brand Name or Equal August 1999

52.212-1 Instructions to Offerors -- Commercial Products and September 2023 Commercial Services

52.216-27 Single or Multiple Awards October 1995 52.233-2 Service of Protest September 2006

9. SECTION M EVALUATION FACTORS FOR AWARD

General / Evaluation Criteria / Selection for Award 52.212-2 Evaluation -- Commercial Items November 2021 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

SECTION B SUPPLIES OR SERVICES AND PRICES

Vendors are requested to provide unit prices below. The agency intends to issue competitive task orders for well repairs. Rates below are requested to determine price reasonableness, and may be used to price modifications to task orders.

Item Description Qty U/I Unit Price Amount 01 Mobilization and preparatory work 1 JB $ $ 02 Labor and rig expenses to remove and install pumping equipment 1 JB $ $ 03 MATERIAL MARKUP RATE ONLY: Furnish pump bowls, custom pipe or tube shaft, well casing, and other materials. Submit copies of invoices with mark-up.

04 Downloadable color video log with two DVDs and report.

Commercial grade camera with side-looking capabilities.

EA

05 Pump Rig Hourly Rate (3-man crew, or _________-man crew) 1 HR $ $ 06 Machine Shop Hourly Rate 1 HR $ $ 07 Drilling Rig Rate for bailing sand, casing, liners, and repairs 1 HR $ $

O P T I O N Y E A R 1 08 Mobilization and preparatory work 1 JB $ $ 09 Labor and rig expenses to remove and install pumping equipment 1 JB $ $ 10 MATERIAL MARKUP RATE ONLY: Furnish pump bowls, 11 Downloadable color video log with two DVDs and report.

Commercial grade camera with side-looking capabilities.

1 EA $ $

12 Pump Rig Hourly Rate (3-man crew, or _________-man crew) 1 HR $ $ 13 Machine Shop Hourly Rate 1 HR $ $ 14 Drilling Rig Rate for bailing sand, casing, liners, and repairs 1 HR $ $

O P T I O N Y E A R 2 15 Mobilization and preparatory work 1 JB $ $ 16 Labor and rig expenses to remove and install pumping equipment 1 JB $ $ 17 MATERIAL MARKUP RATE ONLY: Furnish pump bowls, 18 Downloadable color video log with two DVDs and report.

Commercial grade camera with side-looking capabilities.

1 EA $ $

19 Pump Rig Hourly Rate (3-man crew, or _________-man crew) 1 HR $ $ 20 Machine Shop Hourly Rate 1 HR $ $ 21 Drilling Rig Rate for bailing sand, casing, liners, and repairs 1 HR $ $

O P T I O N Y E A R 3 22 Mobilization and preparatory work 1 JB $ $ 23 Labor and rig expenses to remove and install pumping equipment 1 JB $ $ 24 MATERIAL MARKUP RATE ONLY: Furnish pump bowls, 25 Downloadable color video log with two DVDs and report.

Commercial grade camera with side-looking capabilities.

1 JB $ $

26 1 HR $ $

27 Machine Shop Hourly Rate 1 HR $ $ 28 Drilling Rig Rate for bailing sand, casing, liners, and repairs 1 HR $ $

O P T I O N Y E A R 4 29 Mobilization and preparatory work 1 JB $ $ 30 Labor and rig expenses to remove and install pumping equipment 1 JB $ $ 31 MATERIAL MARKUP RATE ONLY: Furnish pump bowls, 32 Downloadable color video log with two DVDs and report.

Commercial grade camera with side-looking capabilities.

1 JB $ $

33 Pump Rig Hourly Rate (3-man crew, or _________-man crew) 1 HR $ $ 34 Machine Shop Hourly Rate 1 HR $ $ 35 Drilling Rig Rate for bailing sand, casing, liners, and repairs 1 HR $ $ javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

All wells are located in Pinal County, Arizona. Map indicating well locations is attached.

INSTRUCTIONS: A quote price is to be provided for each item without alteration to the Quote Schedule. Failure to provide a quote price for each item will result in the quote to be "non-responsive. The quote price is to be inclusive of all costs for the requirement, including but not limited to, all applicable taxes (Tribal, Federal & State), FOB Destination Shipping costs, etc.

CONTRACTOR_______________________________ UNIQUE ENTITY ID#________________________________

PHONE # ______________________________ EMAIL ADDRESS____________________________________

NAICS code 811310 with a $12.5 million size standard applies to this requirement.

C-53 Arizona Contractor’s License No.___________________________________ javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

SECTION C DESCRIPTION / SPECIFICATIONS

Irrigation Well and Pump Rehabilitation Statement of Work, FY2024

Background

The San Carlos Irrigation Project (SCIP) owns and maintains 98 irrigation wells and pump systems. Some of these wells were drilled in the 1930s and 1940s. The specifications of each pump used to draw water from the wells are specific to each location within the Project. Each pump was originally designed to operate at an efficiency of 75% or better. However, some pumps now operate at an efficiency of less than 40%.

Consequently, the SCIP requires the services of a contractor to rehabilitate and make repairs to all irrigation well/pump systems throughout the SCIP project.

Well appurtenances such as, but not limited to, motors, well casing, screens, bowls, and electrical control systems may also need to be repaired or replaced. The chosen contractor will be relied upon to assess and repair the needs of the well/pump systems identified by the SCIP and its Hydrologic consultant. Under the guidance of SCIP personnel and, if necessary, in consultation with the Hydrologic consultant the contractor will perform the necessary repairs or well/pump system upgrades. The contractor will also be available for emergency call out situations.

SCIP wells serving the San Carlos Irrigation and Drainage District (SCIDD) are located in the area extending from Ashurst-Hayden Dam, through Florence, to Coolidge and vicinity, continuing to Picacho Reservoir, and ending west of Casa Grande. SCIP wells serving the Gila River Indian Community (GRIC) are located on the Gila River Indian Reservation in an area that extends from the eastern reservation boundary, near Coolidge, to just south of Chandler and west of I-10 in Casa Blanca.

Water levels in SCIP wells range from 25 feet to over 400 feet below the ground surface. Water emanating from the wells has been characterized as being lightly aerated to containing very fine small bubbles. Trace amounts of fine white sand, reddish sand, and/or heavy sands have also been observed in the water. Well discharge rates range from 460 gpm to 2,780 gpm.

Scope of Work

The following guidelines apply in carrying out the work required by the contract:

Mobilization and Inspection

Once the contract has been awarded, the contractor shall notify the SCIP designated Contracting Officer Representative (COR) prior to mobilization on-site.

On-site analysis and diagnosis of various malfunctions of the pumps, wells, and associated electrical and mechanical systems.

Work to be performed shall be fully described in a written work order/estimate originated by the contractor.

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No work shall start without the approval of the Contracting Officer (CO) or their designated representative.

The Contractor shall furnish all supplies, materials, labor, labor supervision, tools, equipment, applicable permits, and other materials necessary to provide service as required by this contract. Government furnished tools, equipment or materials will NOT be included.

Considering the date of the last down-hole video inspection, the COR in consultation with the Hydrologic consultant shall select well columns requiring video inspection or approve contractor recommended video inspections.

The contractor shall perform down-hole video inspections of the identified well shafts.

Wells to be video inspected shall be left undisturbed for a minimum of two hours prior to inspection.

The contractor shall assess the condition of the column casing in the field.

The condition of pump oil supply tubes and shafts shall also be assessed in the field, unless additional inspection necessitates disassembly in the contractor’s shop.

Well/Pump Rehabilitation and Repair

The contractor shall perform well rehabilitation as directed by the COR in consultation with the Hydrologic consultant.

Pump bowls shall be disassembled in the contractor’s shop for inspection whenever rebuilding or replacement is required. Consultation with the Hydrologic consultant will occur as needed.

The contractor shall provide a replacement pump bowl assembly based on recommended specifications that are approved by the COR in consultation with the Hydrologic consultant.

The contractor shall supply an estimated cost to repair/replace needed parts and equipment for approval by the CO and COR prior to performing repairs.

The contractor shall keep the COR and, if necessary, the Hydrologic consultant informed of the repair schedule.

The contractor shall notify the COR prior to mobilization to the site.

The COR and Hydrologic consultant must be notified 24 hours prior to initial start-up of the pumping plant in order to perform a detailed field test, if needed, of the new pumping equipment.

Control Cabinet/Electrical Utility Upgrades

The upgrade and replacement of Control Cabinets for SCIP Project wells is required to bring them up to industry safety standards so that they can be safely operated by Project personnel.

The design for the Control Cabinets that will be used for Project wells has been completed by Geuther Electrical and Coolidge Engine and Pump (the former contractor). The new contractor will coordinate with javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

Geuther Electrical on the fabrication and installation of the cabinets. The Control Cabinets are designed based on the Horsepower (HP) of the irrigation pump and the service amperage (Amp) of the well site. Cabinets will be rated for 75 HP, 100 HP, 125 HP, 150 HP or 200 HP. Cabinets designed for 75 HP, 100 HP and 125 HP require a 200 Amp electrical utility service. Cabinets designed for 150 HP and 200 HP require a 400 Amp electrical utility service.

The contractor will need to independently confirm the horsepower and service amperage requirements of each well site before beginning work.

Any required upgrades to the electrical utility service will be performed by the SCIP Power Division and those upgrades will be funded by alternate methods not associated with this contract. Installation of the new cabinets will be in coordination with SCIP Power personnel in order to minimize the amount of “down time” for each well site. The Contracting Officer’s Representative (COR) will assist in the coordination efforts.

The Contract Officer or their representative, through consultation with BIA’s technical representative, will determine the priority schedule for upgrading the control cabinets. The priority schedule will be provided in writing to the Contractor. Every effort should be made to complete the work on prioritized well locations before moving on to alternate sites or added sites. The order of completion can be changed if needed, but only with consent of the Contract Officer or their representative.

The Contractor shall furnish all supplies, materials, labor, labor supervision, tools, equipment, applicable permits, and other materials necessary to upgrade the control cabinets. Government furnished tools, equipment or materials will NOT be included.

Paperwork Submittals

All paperwork associated with the repair/replacement of the well/pumping systems must be submitted to the COR for documentation. This documentation includes pump curve plots, motor specifications, quotes, invoices, etc.

A duplicate copy of the final invoice shall be submitted to the COR for review and filing.

New task assignment(s) will not be given under this contract until all paperwork and invoicing has been completed from the previous task assignment(s) unless this requirement is specifically waived by the COR.

In order to facilitate the submittal of all paperwork and invoices, the contractor shall scan all paperwork in PDF format so that documents may be e-mailed or submitted electronically.

Service Contract Period

The contract will be a single year award ending one calendar year from the award date with the option of extending the contract for four (4) additional years. Option years may be exercised annually at the sole discretion of the SCIP if the contractor successfully meets the requirements of the contract.

Licensing, Bonding, and Insurance

The contractor shall possess and maintain all applicable licensing, bonding and insurance to perform repairs, rehabilitation, installation, testing, investigation, and photography/videography of irrigation well, pump and javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') electrical control systems for state of Arizona lands and Tribal lands (Gila River Indian Community). To include but not limited to the Arizona Water Well Drilling (C-53) contractor license or similar as applicable.

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SECTION F DELIVERIES OR PERFORMANCE

52.219-14 Limitations on Subcontracting October 2022 (DEVIATION OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and

16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees to the following requirements in the performance of a contract assigned a North American Industry Classification System (NAICS) code applicable to this contract:

(1) Services (except construction). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(i) The following services may be excluded from the 50 percent limitation:

(A) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code (562910), cloud computing services, or mass media purchases.

(B) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). It will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded.

When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(3) General construction. It will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded.

(4) Construction by special trade contractors. It will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause – [Contracting Officer check as appropriate.]

X By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

52.222-20 Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000 June 2020 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

If this contract is for the manufacture or furnishing of materials, supplies, articles or equipment in an amount that exceeds or may exceed the threshold specified in Federal Acquisition Regulation 22.602 on the date of award of this contract, and is subject to 41 U.S.C. chapter 65, the following terms and conditions apply:

(a) All stipulations required by 41 U.S.C. chapter 65 and regulations issued by the Secretary of Labor (41 CFR Chapter 50) are incorporated by reference. These stipulations are subject to all applicable rulings and interpretations of the Secretary of Labor that are now, or may hereafter, be in effect.

(b) All employees whose work relates to this contract shall be paid not less than the minimum wage prescribed by regulations issued by the Secretary of Labor (41 CFR 50-202.2). Learners, student learners, apprentices, and workers with disabilities may be employed at less than the prescribed minimum wage (see 41 CFR 50-202.3) to the same extent that such employment is permitted under section 14 of the Fair Labor Standards Act ( 41 U.S.C. 6508).

52.242-15 Stop-Work Order August 1989

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either -- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -- (1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') https://www.acquisition.gov/far/22.602#FAR_22_602 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

SECTION G CONTRACT ADMINISTRATION DATA

DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) April 2013

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

(IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts.

The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [CO to edit and include the documentation required under this contract]: Contractors shall attach a hard copy of their invoice in IPP when submitting invoices via IPP.

Invoices will be rejected if no invoice is attached.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3

- 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JULY 2010)

(a) 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 FAR42.15.

(b) 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.

(c) We request that you furnish the Contracting Officer 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. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) 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 http://www.cpars.csd.disa.milJ. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official's narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 - 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating ''No comment" in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') http://www.cpars.csd.disa.milj/ http://www.cpars.csd.disa.mil/ contractor on (date). The contractor neither signed nor offered comment in response to this assessment." Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) 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 Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer 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 30- day review period.

(h) 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.

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SECTION I CONTACT CLAUSES

1452.203-70 Restrictions on Endorsements—Department of the interior July 1996 (Deviation)

The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205–1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

52.203-17 Contractor Employee Whistleblower Rights November 2023

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C.

4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements January 2017

(a) Definitions. As used in this clause- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b)The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c)The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d)The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e)In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f)The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts

52.204-12 Unique Entity Identifier Maintenance October 2016

(a) Definition. Unique entity identifier, as used in this clause, means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at the System for Award Management (SAM) for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract.

A change in the unique entity identifier does not necessarily require a novation be accomplished.

52.204-13 System for Award Management Maintenance October 2018

(a) Definitions. As used in this clause— “Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM)” means that— (1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record “Active”.

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“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes— (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d) (1) (i) If a Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to– (A) Change the name in SAM; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov. for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

52.204-19 Incorporation by Reference of Representations and Certifications December 2014

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

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services November 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 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073662 https://www.acquisition.gov/sites/default/files/current/far/html/www.sam.gov https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_12.html#wp1084217 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_8.html#wp1029202 https://www.acquisition.gov/sites/default/files/current/far/html/www.sam.gov https://www.sam.gov/ http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1 weather, and delays of common carriers.

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