Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 05, 2017 FBO #5612
MODIFICATION

S -- TREATMENT OF NOXIOUS WEEDS - Solicitation 1

Notice Date

4/3/2017
 

Notice Type

Modification/Amendment
 

NAICS

561730 — Landscaping Services
 

Contracting Office

Bureau of Reclamation Great Plains Region Wyoming Area Office PO Box 1630 Mills WY 82644 US
 

ZIP Code

00000
 

Solicitation Number

R17PS00640
 

Response Due

5/3/2017
 

Archive Date

5/18/2017
 

Point of Contact

Kathleen Gross, Fax: (307) 261-5691
 

E-Mail Address

kgross@usbr.gov
(kgross@usbr.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

Combined Synopsis - Solicitation Announcement This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement and attachments constitute the only solicitation. In order to facilitate the electronic submission of quotations, Reclamation is simultaneously attaching Request for Quotation (RFQ) number R17PS00640 to this announcement which will include the Performance Work Statement (PWS), with Exhibits, and the applicable Wage Determination. This solicitation documents and incorporates provisions and clauses in effect through Federal Acquisition Circular Number 2005-95. Reclamation is issuing this solicitation as a total small business set-aside under the North American Industry Classification System (NAICS) Code 561730, Landscaping Services. The applicable small business size standard is $7.5 million. Line 00010 Priority Area One - Noxious Weed Treatments and Surveys Approximately 85 acres ________________ Lump Sum Line 00020 Priority Area Two - Noxious Weed Treatments and Surveys Approximately 25 acres ________________ Lump Sum Line 00030 Priority Area Three - Noxious Weed Treatments and Surveys Approximately 90 acres________________ Lump Sum WORK TO BE PERFORMED IN ACCORDANCE WITH ATTACHED PERFORMANCE WORK STATEMENT. SAFETY: Prior to submitting a quote, it is recommended that the Reclamation Safety and Health Standards (RSHS) be reviewed thoroughly. The RSHS are equal to, or in some cases, more strict than the state or federal OSHA standards, as a matter of routine. This office does not accept variance to the RSHS. For more information, go to https://www.usbr.gov/ssle/safety/RSHS/rshs.html. LOCATION: Belle Fourche Reservoir in Butte County, South Dakota (see map Exhibits A & B). SITE VISIT: There will be one scheduled Site Visit. See Performance Work Statement for additional information. Quote f.o.b. destination -- do not list mobilization/demobilization separately. The Government will award a Firm-Fixed Price Purchase Order resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation and is the lowest price. Based on availability of funds, Line 00010 will be awarded and Lines 00020 and or 00030 may not be awarded. Award will be based on the lowest quote received for all three lines. In accordance with the procedures in FAR Part 12 and 13, RFQ Number R17PS00640 is available for viewing through electronic commerce via https://www.fbo.gov and via Reclamation's website at https://www.fedconnect.net/FedConnect/default.htm. Quotes are due no later than Wednesday, May 3, 2017, by 4:00 p.m. Mountain Time. Reclamation will consider all responsible sources, who submit a timely quote, for award. Contractors may submit quotes electronically through FedConnect, e-mail to kgross@usbr.gov or fax (307) 261-5691. All questions must be by email. Effective July 29, 2012, any contractor interested in doing business with the Federal Government must register in the System for Award Management (SAM) database prior to award of a contract or agreement. SAM is a Federal Government owned and operated FREE website that consolidates the Central Contractor Registration (CCR), the Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS). The vendor's Duns & Bradstreet number and Federal Tax Identification Number should be submitted with quote. Contractors may obtain information on registration and annual confirmation requirements via the SAM website accessed through https://www.sam.gov/portal/public/SAM/ or by contacting the Federal Service Desk at 1-866-606-8220. The following provisions and clauses apply to this solicitation: FEDERAL ACQUISITION REGULATIONS 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.212-1 Instructions to Offerors - Commercial Items 52.212-3 Offeror Representations and Certifications-Commercial Items 52.212-4 Contract Terms and Conditions - Commercial Items 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts 52.223-3 Alt I Hazardous Material Identification and Material Safety Data Alternate I 52.223-5 Pollution Prevention and Right-to-Know Information 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-4 Applicable Law for Breach of Contract Claim 52.237-1 Site Visit 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Items RECLAMATION ACQUISITION REGULATION AND OTHER CLAUSES AND PROVISIONS DOI-AAAP-0005, v01 Minimum Wages Under Executive Order 13658 JAN 2015 (a) Definitions. As used in this clause- "United States" means the 50 states and the District of Columbia. "Worker"- (1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and (i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), (ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541, (iii) Regardless of the contractual relationship alleged to exist between the individual and the employer. (2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c). (3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (b) Executive Order Minimum Wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015. (2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this contract. (3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subcontract costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit. (ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment. (iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provideduplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. (4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. (6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions. (7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof. (8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. (10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips. (c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition- (i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker; (ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and (iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered. (2) This clause does not apply to- (i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts; (ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to- (A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a). (B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b). (C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541). (d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. (e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker: (i) Name, address, and social security number; (ii) The worker's occupation(s) or classification(s); (iii) The rate or rates of wages paid; (iv) The number of daily and weekly hours worked by each worker; (v) Any deductions made; and (vi) Total wages paid. (2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer. (3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator. (4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected. (5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law. (f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. (g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause. (h) Disputes. Department of Labor has set forth in 29 CFR 10.51, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives. (i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding. (j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers. (k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. (End of clause) DOI-AAAP-0028 DOI 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. Prior to submission of any invoices to the IPP, the Contractor shall send a draft invoice to kgross@usbr.gov for pre-approval by the Government. The Contract Specialist/Contracting Officer will send the Contractor an e-mail with the pre-approved invoice for submission and uploading to IPP. The Contractor is required to submit the Invoice with Government's approval as an attachment. Invoices submitted without this attachment will be rejected. The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. (End of Local Clause) GP-3 Contractor's Administration Personnel November 2009 Offerors are requested to designate a person who will be in charge of overall administration of this contract Name: ______________________________________________________________ Title: _______________________________________________________________ Address: _____________________________________________________________ City, State, and Zip: _____________________________________________________ Telephone: ____________________________________________________________ Fax: _________________________________________________________________ E-Mail Address: _______________________________________________________ GP-4 Basis for Award December 1998 (a) The (purchase or delivery) order will be awarded to that responsible offeror whose offer conforms to the essential requirements of the solicitation and is the most advantageous price to the Government. (b) The Government reserves the right to reject any or all offers and to waive informalities and minor irregularities in offers received. (c) In accordance with FAR 9.105-1, the Contracting Officer may request an offeror to provide detailed information relating to its responsibility and, as necessary, to the responsibility of its proposed subcontractors. The Contracting Officer expressly reserves the right to reject the offer of any offeror determines to be nonresponsible. (End of Provision) GP-7 Site Security February 2004 (a) At least 10 days prior to arriving at the worksite, the contractor shall submit a list to the Contracting Officer's Representative (COR) of the names of all contractor employees that will be on-site initially. Additional employee names must be provided to COR prior to additional employees arriving on-site. The list(s) must include a legible photocopy of each employee's driver's license. In the absence of a driver's license, provide an alternate source of official identification that includes: First, Middle, Last Name; date and place of birth; and place of residence. All contractor employees must be U.S. citizens or have a valid Immigrant Visa Number, Permanent Resident Card, or Resident Alien Card authorizing them to work in the U.S. (b) The contractor is hereby notified of the following: The Government may perform background checks on any or all workers. If the Government performs background checks, workers shall be required to submit additional personal and work history information. The Government may deny access to any worker at any time, based on information discovered during the background check. Information related to criminal matters (e.g., outstanding arrest warrants) that is discovered during a background check will be reported to the appropriate authorities. (c) At least 10 days prior to arriving at the worksite, the contractor shall submit an initial list to COR of all contractor vehicles to be brought to the worksite. A supplemental list shall be provided to COR before additional vehicles are brought on-site. For each vehicle the list shall include the year, make, model, and color; and license plate numbers and state of issuance when applicable. (d) Reclamation will provide keys and/or locks to gates and doors, etc. as necessary for contractor personnel to access points within the scope of this project. Any duplication of keys or substitution of locks is strictly prohibited. Contractor shall be accountable to secure and return all keys and/or locks provided by the Government, and shall immediately notify the COR of the loss or misplacement of any provided key and/or lock. (e) All drawings, plans, and other sensitive documents issued to the contractor shall remain under their direct control at all times. These sensitive documents shall not be reproduced or copied or further distributed without approval from COR. (f) All firearms and dangerous weapons are prohibited in Federal facilities for all persons not specifically authorized by Title 18, United States Code, Section 930. A license to carry a concealed firearm issued under state law is not an exception to this prohibition. This prohibition shall apply to all areas within the construction worksite and contractor use area. (g) In case of an emergency situation, the contractor shall follow emergency instructions provided by COR. (h) Unless exempted by COR, the contractor shall comply with all security requirements already in place at the site, i.e., those security requirements that have been adopted as standard operating procedures at the site. (i) The contractor shall report to COR all incidents of criminal and/or suspicious activity observed by their employees on or adjacent to the construction site. (j) Reclamation reserves the right to change or modify security requirements as mandated by the Office of Homeland Security and/or as deemed necessary by Reclamation security staff. (k) Any violations of Reclamation security requirements and/or restrictions may result in Reclamation denying the contractor personnel access to the worksite. (l) Cost. Include cost incurred for General Security Requirements in prices offered in the schedule for other items of work. In the event Reclamation changes of modifies these requirements after the contract is in place, increased Contractor costs will be paid for under the Contract Change Clause. (m) Contractor shall notify Contracting Officer's Representative at least 24 hours in advance of any material delivery to worksite. Material may only be delivered to areas approved by COR. (End of Clause) WBR 1452.237-80 Security Requirements - Bureau of Reclamation (OCT 2006) (a) General Security Requirements: (1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, and information technology security requirements. Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. "Work site" means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract. (2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the CO. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the CO will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring. (3) The Contractor's employees governed by this contract may need access to sensitive information and/or may need access to designated Controlled Access Areas (CAAs). The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause. (4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract. (5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of either a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes. (6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the background investigation forms have been received and the investigation is initiated. (7) All Contractor employees shall access the facility via the facility's entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis. (8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government. The Contractor may be charged up to $500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the COR. (9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. At the direction of the COR, the Contractor shall provide to the COR, in writing, the name and nationality of all non-U.S. citizens working under this contract. For those individuals with access to the work site, the Contractor shall also provide documentation that the foreign individual is legally residing in, or has been legally admitted to, the U.S. (10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the CO. The Contractor shall report any information raising a doubt as to whether an individual's eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust. (11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government. (12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts. (13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents. (b) Information Security Requirements. (1) The term "sensitive information" means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as FOR OFFICIAL USE ONLY (FOUO) information, but in some cases may include other unclassified information. (The protection of National Classified information is beyond the scope of this clause. If any work on Classified information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation Directives and Standards for Identifying and Safeguarding FOR OFFICIAL USE ONLY (FOUO) Information, which is available at http://www.usbr.gov/recman/DandS.html#sle. (2) Any Government-furnished information/material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Only with prior authorization from the CO may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the CO. Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, and disclosure to Contractor staff not investigated and deemed acceptable at the appropriate contract/information sensitivity level, or any other proposed public release. The Contractor shall maintain, and furnish upon demand of the CO, records of the names of individuals who have access to sensitive material in its custody. All questions regarding information security, access, and control shall be referred to the COR. (3) The Contractor shall not release to anyone outside the Contractor's organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the CO has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the CO before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the CO. (4) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed film or similar information which may affect the security interests of Government has occurred. This requirement extends to employees and other personnel working on behalf of the Contractor, and expands responsibility to include prompt reporting of security issues, including observed or subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive information. WBR 1452.242-80 Postaward Conference - Bureau of Reclamation JUL 1993 (a) Prior to the Contractor starting work, a postaward conference (as described in FAR Subpart 42.5), will be convened by the contracting activity or contract administration office. The Contractor's Project Manager shall attend the conference. If the contract involves subcontractors, a representative of each major subcontractor is also required to attend. (b) The conference will be held at [insert the location of the meeting]. (c) The Contracting Officer and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the Contracting Officer shall establish the date for the conference. (d) The Contractor shall include any associated costs for attendance at the conference, in its offer. (End of clause) 1452.201-70 Authorities and Delegations (SEP 2011) (a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work. (b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment. (c) The COR is not authorized to perform, formally or informally, any of the following actions: (1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract; (2) Waive or agree to modification of the delivery schedule; (3) Make any final decision on any contract matter subject to the Disputes Clause; (4) Terminate, for any reason, the Contractor's right to proceed; (5) Obligate in any way, the payment of money by the Government. (d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause. (e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract. (f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR. (g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk. (End of clause) 1452.215-71 Use and Disclosure of Proposal Information-Department of the Interior (APR 1984) (a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below: (1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities. (2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells." (b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend: "The information specifically identified on pages ______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract." (c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend: "This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal." (d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction. (e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information. (f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error. (End of provision) WBR 1452.223-82 Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace -- Bureau of Reclamation October 1998 (a) In performing work under this contract, the contractor shall comply with the requirements of Executive Order 13058, dated August 9, 1997, which prohibits the smoking of tobacco products in all interior space owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts. (b) This restriction does not apply in designated smoking areas that are enclosed and exhausted directly to the outside and away from air intake ducts, and are maintained under negative pressure (with respect to surrounding spaces) sufficient to contain tobacco smoke within the designated area. (c) Smoking may also be restricted at doorways and in courtyards under executive branch control in order to protect workers and visitors from environmental tobacco smoke. (End of clause) WBR 1425.225-82 Notice of World Trade Organization Government Procurement Agreement Evaluations -- Bureau of Reclamation May 2005 In accordance with the Agreement on Government Procurement, as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), and other trade agreements, FAR Subpart 25.4, World Trade Organization Government Procurement Agreement, applies to Bureau of Reclamation acquisitions. In order to apply trade agreements unique to Reclamation, the contracting officer will (irrespective of any other provision or clause of this solicitation) evaluate acquisitions at or above the dollar thresholds listed in FAR 25.402(b) without regard to the restrictions of the Buy American Act. (End of provision) 1452.228-70 Liability Insurance - Department of the Interior July 1996 (a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows: WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY $100,000 minimum coverage GENERAL LIABILITY $500,000 per occurrence $250,000 property damage AUTOMOBILE LIABILITY $200,000 each person $500,000 each occurrence $ 20,000 property damage (b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The Contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work. (End of Clause) WBR 1452.222-81 Employment Verification It is the contractor's responsibility to verify employment of its employees. FAR 9.406(b)(2) Causes for Debarment, specifically states, based on a determination by the Secretary of Homeland Security or the Attorney General of the United States, any contractor not in compliance with the INA is a cause for debarment. (End of Clause) SPECIFIC FAR CLAUSES INCLUDED IN 52.212-5 THAT ARE APPLICABLE TO THIS REQUIREMENT INCLUDE: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.219-6 Notice of Total Small Business Set-Aside 52.219-28 Post Award Small Business Program Rerepresentation 52.222-3 Convict Labor 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-36 Equal Opportunity for Workers with Disabilities 52.222-41 Service Contract Labor Standards 52.222-42 Statement of Equivalent Rates for Federal Hires Wage Determination 15-5377 (Rev 2) dated 1/3/2017 11210 - Laborer, Grounds Maintenance $11.27 p/h + Health & Welfare $4.27 p/h + vacation and holidays 52.222-50 Combating Trafficking in Persons 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13 Restrictions on Certain Foreign Purchases 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration For further information about this requirement, offerors should contact Kathleen Gross at kgross@usbr.gov.
 

Web Link

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Place of Performance

Address: Belle Fourche Reservoir in Butte County, South Dakota, United States
 

Record

SN04457655-W 20170405/170403235045-3ee9e1776f92907218cff12eb9035c03 (fbodaily.com)
 

Source

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