[Table Of Contents]{.smallcaps}

  ------------------ -------------------------------------------------------- ----------------- ------------------
  SECTION A -- SF-33                                                          [3](#toc_c)       

  SECTION B --                                                                5                 
  Schedules                                                                                     

  SECTION C --                                                                7                 
  Descriptions and                                                                              
  Specifications                                                                                

  SECTION D --                                                                39                
  Packaging &                                                                                   
  Marking                                                                                       

  SECTION E --                                                                [42](#_TOC_C)     
  Inspection and                                                                                
  Acceptance                                                                                    

  E.1                Clauses By Reference                                     [42](#_toc_E1)    

  SECTION F --                                                                [43](#toc_f)      
  Deliveries or                                                                                 
  Performance                                                                                   

  F.1                Clauses By Reference                                     [44](#_toc_F1)    

  F.2                Distribution Of Summary Subcontracting Reports \--                         [44](#_toc_F3)
                     Bureau of Reclamation                                                      

  SECTION G --                                                                [45](#toc_h)      
  Contract                                                                                      
  Administration                                                                                

  SECTION H --                                                                [45](#toc_h)      
  Special Contract                                                                              
  Requirements                                                                                  

  H.1                Non Discrimination Notice to U.S. Department of the                        [46](#_toc_H1)
                     Interior Contractors, Subcontractors, and Lessors                          

  SECTION I --                                                                [47](#toc_i)      
  Contract Clauses                                                                              

  I.1                Clauses By Reference                                     [48](#_toc_I1)    

  I.2                Examination Of Records By The Department Of The Interior                   [49](#_toc_I2)

  I.3                Liability Insurance \-- Department of the Interior                         [49](#_toc_I3)

  I.4                Contractor Code of Business Ethics and Conduct                             [50](#_toc_I4)

  I.5                Display of Hotline Poster(s)                                               [50](#_toc_I5)

  I.6                Central Contractor Registration                                            [51](#_toc_I6)

  I.7                Personal Identity Verification of Contractor Personnel                     [53](#_toc_I7)

  I.8                Reporting Subcontract Awards                                               [53](#_toc_I8)

  I.9                Audit and Records\--Negotiation                                            [54](#_toc_I9)

  I.10               Option To Extend Services                                                  [55](#_toc_I10)

  I.11               Affirmative Action For Workers with Disabilities                           [55](#_toc_I11)

  I.12               Applicable Law for Breach of Contract Claim                                [57](#_toc_I12)

  I.13               Changes\--Fixed Price Alternate I                                          [57](#_toc_I13)

  I.14               Authorized Deviations In Clauses                                           [57](#_toc_I14)

  I.15               Authorities and Limitations \-- Bureau of Reclamation                      [58](#_toc_I15)

  I.16               Asbestos-Free Warranty \-- Bureau of Reclamation (OCT                      [59](#_toc_I16)
                     1992)                                                                      

  I.17               Limitation Of Funds (Fixed Price Contract) \-- Bureau of                   [60](#_toc_I17)
                     Reclamation                                                                

  I.18               Preservation of Cultural Resources - Bureau of                             [61](#_toc_I18)
                     Reclamation (FEB 2000)                                                     

  I.19               Security Requirements - Bureau Of Reclamation                              [62](#_toc_I19)

  I.20               Modification Proposals \-- Bureau of Reclamation                           [70](#_toc_I20)

  SECTION J --                                                                [89](#toc_k)      
  Attachments                                                                                   

  SECTION K --                                                                103               
  Representations,                                                                              
  Certifications and                                                                            
  Other Statements                                                                              
  of Offerors                                                                                   

  K.1                Annual Representations and Certifications                                  [111](#_toc_K1)

  SECTION L --                                                                [112](#toc_l)     
  Instructions,                                                                                 
  Conditions and                                                                                
  Notices to Bidders                                                                            

  L.1                Clauses By Reference                                     [113](#_toc_L1)   

  L.2                Use And Disclosure Of Proposal Information \--                             [113](#_toc_L2)
                     Department of the Interior                                                 

  L.3                Service Of Protest \-- Department of the Interior                          [114](#_toc_L3)
                     (Deviation)                                                                

  L.4                Data Universal Numbering System (DUNS) Number                              [116](#_toc_L4)

  L.5                Instructions to Offerors\--Competitive Acquisition                         [116](#_toc_L5)

  L.6                Type Of Contract                                                           [120](#_toc_L6)

  L.7                Single or Multiple Awards                                                  [120](#_toc_L7)

  L.8                Service Of Protest (Deviation)                                             [120](#_toc_L8)

  L.9                Site Visit                                                                 [120](#_toc_L9)

  L.10               Notice Of Intent To Acquire Metric Products And Services                   [121](#_toc_L10)
                     \-- Bureau of Reclamation                                                  

  L.11               Source Evaluation And Selection Procedures \-- Bureau of                   [121](#_toc_L11)
                     Reclamation                                                                

  L.12               General Proposal Instructions \-- Bureau of Reclamation                    [123](#_toc_L12)

  L.13               Technical Proposal Instructions \-- Bureau of                              [124](#_toc_L13)
                     Reclamation                                                                

  L.14               Pricing Proposal Instructions \-- Bureau of Reclamation                    [128](#_toc_L14)

  L.15               Notice of Trade Agreements Act Evaluations \-- Bureau of                   [129](#_toc_L15)
                     Reclamation                                                                

  L.16               Notice of Proposed Partnering -- Bureau of Reclamation                     119

  SECTION M --                                                                [131](#toc_m)     
  Evaluation Factors                                                                            
  for Award                                                                                     

  M.1                Clauses By Reference                                     [132](#_toc_M1)   

  M.2                Evaluation Factors for Award -- Quality Predominance --  [132](#_toc_M1)   
                     Bureau of Reclamation                                                      
  ------------------ -------------------------------------------------------- ----------------- ------------------

[]{#_TOC_C .anchor}[Section A -- SF-33]{.smallcaps}

![](media/image1.jpeg){width="6.170833333333333in" height="7.975in"}

[Section B -- Schedule]{.smallcaps}

  ------- ---------------------------------------------------------------
  B.1     [Services]{.smallcaps}

  ------- ---------------------------------------------------------------

The services stated in the schedule will be invoked by giving written
notice to the Contractor. If oral notice is given, it shall be confirmed
in writing by the Contracting Officer within 5 days of such oral notice.

  ----- -----------------------------------------------------------------
  B.2   [Task Orders]{.smallcaps}

  ----- -----------------------------------------------------------------

At the time of contract award, a task order for one year duration for
Operation, Maintenance and Replacement Services for the day-to-day
operational activities will be issued and performed by the contractor.
Services for day-to-day operational activities for years 2-5, may be
awarded via task order. All other work not identified by the task orders
for day-to-day operations, but covered under the scope of work, will be
awarded and performed by the contractor under separate task orders.

  ------- ---------------------------------------------------------------
  B.3     [Offered Services]{.smallcaps}

  ------- ---------------------------------------------------------------

Offers for services less than those specified in the schedule may be
determined non-responsive.

  ------- ---------------------------------------------------------------
  B.4     [Schedule for the Contract]{.smallcaps}

  ------- ---------------------------------------------------------------

There is one schedule for the contract.

Provide all personnel necessary for Operation, Maintenance and Wildlife
Habitat Management services at the Grand Valley Unit Wildlife Properties
in accordance with the statement of work in Section C of this
solicitation.

> \(a\) Offers will be considered for award on the following schedules,
> but no offers will be considered for award on only a part of a
> schedule.
>
> \(b\) The quantities in the schedules are estimated quantities only.
> Actual quantities will vary by Task Order.

  ------- ---------------------------------------------------------------
  B.5     [Minimum and Maximum Contract Amount]{.smallcaps}

  ------- ---------------------------------------------------------------

During the life of this contract, the Government shall place orders
totaling a [minimum]{.underline} of \$5,000.00 of the base year of the
contract -- see Contract [Clauses I.8]{.mark}, FAR Clause 52.216-19
Order Limitations, Contract [Clause I.9]{.mark}, FAR Clause 52-216-22
Indefinite Quantity. FAR Clause 52.216-19 also stipulates the
[maximum]{.underline} amount per order.

During the life of the contract, the total [maximum]{.underline} amount
for the base year and years 2-5 shall not exceed 50 percent of the total
contract amount. ***The maximum amount will be filled in by the
Government at the time of award.*** In addition, the total maximum
amount available for placement under orders is cumulative with each
out-year and unexpended balances may be used in succeeding years.

  ------- ---------------------------------------------------------------
  B.6     [Travel]{.smallcaps}

  ------- ---------------------------------------------------------------

Travel shall include applicable G&A and be non-fee bearing and in
accordance with Joint Travel Regulations (JTR).

[B.7 **Base Year -- Schedule**]{.smallcaps}

**Grand Valley Unit, Operation, Maintenance and Repair**

**From Date of Award Through Twelve Months**

+----+------------------------------------+--------+--------+---------+
| ** | **Supplies / Services**            | **Quan | **     | **A     |
| It |                                    | tity** | Unit** | mount** |
| em |                                    |        |        |         |
| ** |                                    | **and  | **P    |         |
|    |                                    | U      | rice** |         |
| *  |                                    | nits** |        |         |
| *N |                                    |        |        |         |
| o. |                                    |        |        |         |
| ** |                                    |        |        |         |
+----+------------------------------------+--------+--------+---------+
| 1  | GVU Wildlife Properties Site OM&R  | 12     |        |         |
| \. | Wildlife Habitat Management        | Months |        |         |
|    | Personnel                          |        |        |         |
|    |                                    |        |        |         |
|    | (Provide personnel support for the |        |        |         |
|    | operation, maintenance, and repair |        |        |         |
|    | of the Grand Valley Unit Wildlife  |        |        |         |
|    | Properties in accordance with      |        |        |         |
|    | Section C Statement of Work).      |        |        |         |
+----+------------------------------------+--------+--------+---------+
| 2  | Corporate Support                  | 12     |        |         |
| \. |                                    | Months |        |         |
+----+------------------------------------+--------+--------+---------+
| 3  | Base Fee (for Line Items 1, 2, 5,  | 12     |        |         |
| \. | 6 & 7) [%]{.underline}             | Months |        |         |
+----+------------------------------------+--------+--------+---------+
| 4  | Start-Up & Post Award Costs (Base  | 1 Lump |        |         |
| \. | year only)                         | Sum    |        |         |
+----+------------------------------------+--------+--------+---------+
| 5  | Special Equipment/Service & ODC    | NTE    | \$38,  | \$38    |
| \. |                                    |        | 000.00 | ,000.00 |
+----+------------------------------------+--------+--------+---------+
| 6  | Components, Tools & Consumables    | NTE    | \$60,  | \$60    |
| \. |                                    |        | 000.00 | ,000.00 |
+----+------------------------------------+--------+--------+---------+
| *  |                                    |        |        |         |
| *[ |                                    |        |        |         |
| To |                                    |        |        |         |
| ta |                                    |        |        |         |
| l] |                                    |        |        |         |
| {. |                                    |        |        |         |
| sm |                                    |        |        |         |
| al |                                    |        |        |         |
| lc |                                    |        |        |         |
| ap |                                    |        |        |         |
| s} |                                    |        |        |         |
| =  |                                    |        |        |         |
| ** |                                    |        |        |         |
+----+------------------------------------+--------+--------+---------+

Please note -- The Award Fee is not listed in the Schedule, but the
Contractor may receive up to 10% of Line Item No. 1 as an incentive to
be used for employee bonuses.

[B.8 **Year 2 -- Schedule**]{.smallcaps}

**Grand Valley Unit, Operation, Maintenance and Repair**

**From Thirteen Months Through Twenty-Four Months**

+----+------------------------------------+--------+--------+---------+
| ** | **Supplies / Services**            | **Quan | **     | **A     |
| It |                                    | tity** | Unit** | mount** |
| em |                                    |        |        |         |
| ** |                                    | **and  | **P    |         |
|    |                                    | U      | rice** |         |
| *  |                                    | nits** |        |         |
| *N |                                    |        |        |         |
| o. |                                    |        |        |         |
| ** |                                    |        |        |         |
+----+------------------------------------+--------+--------+---------+
| 1  | GVU Wildlife Properties Site OM&R  | 12     |        |         |
| \. | Wildlife Habitat Management        | Months |        |         |
|    | Personnel                          |        |        |         |
|    |                                    |        |        |         |
|    | Provide personnel support for the  |        |        |         |
|    | operation, maintenance, and repair |        |        |         |
|    | of the Grand Valley Unit Wildlife  |        |        |         |
|    | Properties in accordance with      |        |        |         |
|    | Section C Statement of Work        |        |        |         |
+----+------------------------------------+--------+--------+---------+
| 2  | Corporate Support                  | 12     |        |         |
| \. |                                    | Months |        |         |
+----+------------------------------------+--------+--------+---------+
| 3  | Base Fee (for Line Items 1, 2, 5,  | 12     |        |         |
| \. | 6 & 7) [%]{.underline}             | Months |        |         |
+----+------------------------------------+--------+--------+---------+
| 4  | Start-Up & Post Award Costs (Base  | 1 Lump |        |         |
| \. | year only)                         | Sum    |        |         |
+----+------------------------------------+--------+--------+---------+
| 5  | Special Equipment/Service & ODC    | NTE    | \$39,0 | \$39    |
| \. |                                    |        | 640.00 | ,064.00 |
+----+------------------------------------+--------+--------+---------+
| 6  | Components, Tools & Consumables    | NTE    | \$61,  | \$61    |
| \. |                                    |        | 680.00 | ,680.00 |
+----+------------------------------------+--------+--------+---------+
| *  |                                    |        |        |         |
| *[ |                                    |        |        |         |
| To |                                    |        |        |         |
| ta |                                    |        |        |         |
| l] |                                    |        |        |         |
| {. |                                    |        |        |         |
| sm |                                    |        |        |         |
| al |                                    |        |        |         |
| lc |                                    |        |        |         |
| ap |                                    |        |        |         |
| s} |                                    |        |        |         |
| =  |                                    |        |        |         |
| ** |                                    |        |        |         |
+----+------------------------------------+--------+--------+---------+

Please note -- The Award Fee is not listed in the Schedule, but the
Contractor may receive up to 10% of Line Item No. 1 as an incentive.

[B.9 **Year 3 -- Schedule**]{.smallcaps}

**Grand Valley Unit, Operation, Maintenance and Repair**

**From Twenty-Five Months Through Thirty-Six Months**

+----+------------------------------------+--------+--------+---------+
| ** | **Supplies / Services**            | **Quan | **     | **A     |
| It |                                    | tity** | Unit** | mount** |
| em |                                    |        |        |         |
| ** |                                    | **and  | **P    |         |
|    |                                    | U      | rice** |         |
| *  |                                    | nits** |        |         |
| *N |                                    |        |        |         |
| o. |                                    |        |        |         |
| ** |                                    |        |        |         |
+----+------------------------------------+--------+--------+---------+
| 1  | GVU Wildlife Properties Site OM&R  | 12     |        |         |
| \. | Wildlife Habitat Management        | Months |        |         |
|    | Personnel                          |        |        |         |
|    |                                    |        |        |         |
|    | Provide personnel support for the  |        |        |         |
|    | operation, maintenance, and repair |        |        |         |
|    | of the Grand Valley Unit Wildlife  |        |        |         |
|    | Properties in accordance with      |        |        |         |
|    | Section C Statement of Work        |        |        |         |
+----+------------------------------------+--------+--------+---------+
| 2  | Corporate Support                  | 12     |        |         |
| \. |                                    | Months |        |         |
+----+------------------------------------+--------+--------+---------+
| 3  | Base Fee (for Line Items 1, 2, 5,  | 12     |        |         |
| \. | 6 & 7) [%]{.underline}             | Months |        |         |
+----+------------------------------------+--------+--------+---------+
| 4  | Start-Up & Post Award Costs (Base  | 1 Lump |        |         |
| \. | year only)                         | Sum    |        |         |
+----+------------------------------------+--------+--------+---------+
| 5  | Special Equipment/Service & ODC    | NTE    | \$40,  | \$40    |
| \. |                                    |        | 157.79 | ,157.79 |
+----+------------------------------------+--------+--------+---------+
| 6  | Components, Tools & Consumables    | NTE    | \$63,  | \$63    |
| \. |                                    |        | 407.04 | ,407.04 |
+----+------------------------------------+--------+--------+---------+
| *  |                                    |        |        |         |
| *[ |                                    |        |        |         |
| To |                                    |        |        |         |
| ta |                                    |        |        |         |
| l] |                                    |        |        |         |
| {. |                                    |        |        |         |
| sm |                                    |        |        |         |
| al |                                    |        |        |         |
| lc |                                    |        |        |         |
| ap |                                    |        |        |         |
| s} |                                    |        |        |         |
| =  |                                    |        |        |         |
| ** |                                    |        |        |         |
+----+------------------------------------+--------+--------+---------+

Please note -- The Award Fee is not listed in the Schedule, but the
Contractor may receive up to 10% of Line Item No. 1 as an incentive.

[B.10 **Year 4 -- Schedule**]{.smallcaps}

**Grand Valley Unit, Operation, Maintenance and Repair**

**From Thirty-Seven Months Through Forty-Eight Months**

+----+------------------------------------+--------+--------+---------+
| ** | **Supplies / Services**            | **Quan | **     | **A     |
| It |                                    | tity** | Unit** | mount** |
| em |                                    |        |        |         |
| ** |                                    | **and  | **P    |         |
|    |                                    | U      | rice** |         |
| *  |                                    | nits** |        |         |
| *N |                                    |        |        |         |
| o. |                                    |        |        |         |
| ** |                                    |        |        |         |
+----+------------------------------------+--------+--------+---------+
| 1  | GVU Wildlife Properties Site OM&R  | 12     |        |         |
| \. | Wildlife Habitat Management        | Months |        |         |
|    | Personnel                          |        |        |         |
|    |                                    |        |        |         |
|    | Provide personnel support for the  |        |        |         |
|    | operation, maintenance, and repair |        |        |         |
|    | of the Grand Valley Unit Wildlife  |        |        |         |
|    | Properties in accordance with      |        |        |         |
|    | Section C Statement of Work        |        |        |         |
+----+------------------------------------+--------+--------+---------+
| 2  | Corporate Support                  | 12     |        |         |
| \. |                                    | Months |        |         |
+----+------------------------------------+--------+--------+---------+
| 3  | Base Fee (for Line Items 1, 2, 5,  | 12     |        |         |
| \. | 6 & 7) [%]{.underline}             | Months |        |         |
+----+------------------------------------+--------+--------+---------+
| 4  | Start-Up & Post Award Costs (Base  | 1 Lump |        |         |
| \. | year only)                         | Sum    |        |         |
+----+------------------------------------+--------+--------+---------+
| 5  | Special Equipment/Service & ODC    | NTE    | \$41,  | \$41    |
| \. |                                    |        | 282.21 | ,282.21 |
+----+------------------------------------+--------+--------+---------+
| 6  | Components, Tools & Consumables    | NTE    | \$65,  | \$65    |
| \. |                                    |        | 182.44 | ,182.44 |
+----+------------------------------------+--------+--------+---------+
| *  |                                    |        |        |         |
| *[ |                                    |        |        |         |
| To |                                    |        |        |         |
| ta |                                    |        |        |         |
| l] |                                    |        |        |         |
| {. |                                    |        |        |         |
| sm |                                    |        |        |         |
| al |                                    |        |        |         |
| lc |                                    |        |        |         |
| ap |                                    |        |        |         |
| s} |                                    |        |        |         |
| =  |                                    |        |        |         |
| ** |                                    |        |        |         |
+----+------------------------------------+--------+--------+---------+

Please note -- The Award Fee is not listed in the Schedule, but the
Contractor may receive up to 10% of Line Item No. 1 as an incentive.

[B.11 **Year 5 -- Schedule**]{.smallcaps}

**Grand Valley Unit, Operation, Maintenance and Repair**

**From Forty-Nine Months Through Sixty Months**

+----+------------------------------------+--------+--------+---------+
| ** | **Supplies / Services**            | **Quan | **     | **A     |
| It |                                    | tity** | Unit** | mount** |
| em |                                    |        |        |         |
| ** |                                    | **and  | **P    |         |
|    |                                    | U      | rice** |         |
| *  |                                    | nits** |        |         |
| *N |                                    |        |        |         |
| o. |                                    |        |        |         |
| ** |                                    |        |        |         |
+----+------------------------------------+--------+--------+---------+
| 1  | GVU Wildlife Properties Site OM&R  | 12     |        |         |
| \. | Wildlife Habitat Management        | Months |        |         |
|    | Personnel                          |        |        |         |
|    |                                    |        |        |         |
|    | Provide personnel support for the  |        |        |         |
|    | operation, maintenance, and repair |        |        |         |
|    | of the Grand Valley Unit Wildlife  |        |        |         |
|    | Properties in accordance with      |        |        |         |
|    | Section C Statement of Work        |        |        |         |
+----+------------------------------------+--------+--------+---------+
| 2  | Corporate Support                  | 12     |        |         |
| \. |                                    | Months |        |         |
+----+------------------------------------+--------+--------+---------+
| 3  | Base Fee (for Line Items 1, 2, 5,  | 12     |        |         |
| \. | 6 & 7) [%]{.underline}             | Months |        |         |
+----+------------------------------------+--------+--------+---------+
| 4  | Start-Up & Post Award Costs (Base  | 1 Lump |        |         |
| \. | year only)                         | Sum    |        |         |
+----+------------------------------------+--------+--------+---------+
| 5  | Special Equipment/Service & ODC    | NTE    | \$42,  | \$42    |
| \. |                                    |        | 438.11 | ,438.11 |
+----+------------------------------------+--------+--------+---------+
| 6  | Components, Tools & Consumables    | NTE    | \$67,  | \$67    |
| \. |                                    |        | 007.55 | ,007.55 |
+----+------------------------------------+--------+--------+---------+
| *  |                                    |        |        |         |
| *[ |                                    |        |        |         |
| To |                                    |        |        |         |
| ta |                                    |        |        |         |
| l] |                                    |        |        |         |
| {. |                                    |        |        |         |
| sm |                                    |        |        |         |
| al |                                    |        |        |         |
| lc |                                    |        |        |         |
| ap |                                    |        |        |         |
| s} |                                    |        |        |         |
| =  |                                    |        |        |         |
| ** |                                    |        |        |         |
+----+------------------------------------+--------+--------+---------+

Please note -- The Award Fee is not listed in the Schedule, but the
Contractor may receive up to 10% of Line Item No. 1 as an incentive.

**B.12 TOTALS FOR BASE AND YEARS TWO THROUGH FIVE**

+------------------------------------------+-------------+-------------+
| **[Year]{.smallcaps}**                   | **          | **[Cal      |
|                                          | [Amount]{.s | culated]{.s |
|                                          | mallcaps}** | mallcaps}** |
|                                          |             |             |
|                                          |             | **[Ma       |
|                                          |             | ximum\*]{.s |
|                                          |             | mallcaps}** |
+------------------------------------------+-------------+-------------+
| [Summary --Grand valley Unit Wildlife    |             |             |
| Properties OM & Wildlife Habitat         |             |             |
| Mgt.]{.smallcaps}                        |             |             |
+------------------------------------------+-------------+-------------+
| [**T**otal of **B**ase                   | \$          | \$          |
| **Y**ear]{.smallcaps}                    |             |             |
+------------------------------------------+-------------+-------------+
| [**T**otal **Y**ear **Two**]{.smallcaps} | \$          | \$          |
+------------------------------------------+-------------+-------------+
| [**T**otal **Y**ear                      | \$          | \$          |
| **T**hree]{.smallcaps}                   |             |             |
+------------------------------------------+-------------+-------------+
| [**T**otal **Y**ear                      | \$          | \$          |
| **F**our]{.smallcaps}                    |             |             |
+------------------------------------------+-------------+-------------+
| [**T**otal **Y**ear Five]{.smallcaps}    | \$          | \$          |
+------------------------------------------+-------------+-------------+
| **[Total of Schedules (Base + Yrs        | \$          | \$          |
| 2-5)]{.smallcaps}**                      |             |             |
+------------------------------------------+-------------+-------------+

\*The Government will calculate these maximums and will include previous
year(s) unused maximum ceiling amount.

**[Section C --Description/Specifications/Work Statement]{.smallcaps}**

Table of Contents

[1.0 GENERAL 21](#general)

[2.0 BACKGROUND 22](#background)

[2.1 GENERAL LOCATION 22](#general-location)

[2.2 GENERAL OBJECTIVE AND FUNCTION 22](#general-objective-and-function)

[2.3 GENERAL CONTRACTOR REQUIREMENTS
22](#general-contractor-requirements)

[3.0 PROPERTY FEATURES 22](#property-features)

[3.1 Colorado River Wildlife Area 22](#colorado-river-wildlife-area)

[3.2 Grand Junction Wildlife Area 22](#grand-junction-wildlife-area)

[3.3 Orchard Mesa Wildlife Area 23](#orchard-mesa-wildlife-area)

[3.4 DeBeque Wildlife Area 23](#debeque-wildlife-area)

[3.5 Office, Shop and Property Manager's Residence
23](#office-shop-and-property-managers-residence)

[3.6 Furnished Equipment 24](#furnished-equipment)

[4.0 CONTRACT OVERVIEW 24](#contract-overview)

[4.1 Contract Objective 24](#contract-objective)

[4.1.1 Contract Task Requirements 24](#contract-task-requirements)

[4.2 Staffing Requirements 28](#staffing-requirements)

[4.3 Period of Performance 29](#period-of-performance)

[4.4 Components, Tools, and Consumables
29](#components-tools-and-consumables)

[5.0 REGULATIONS 30](#regulations)

[6.0 Government and Contactor Coordination
31](#government-and-contactor-coordination)

[6.1 Inspections 31](#inspections)

[6.2 Coordination Meetings 31](#coordination-meetings)

[6.2.1 Operation and Maintenance Meetings
31](#operation-and-maintenance-meetings)

[7.0 Government-Furnished Items 31](#government-furnished-items)

[7.1 Facility Buildings 31](#facility-buildings)

[7.2 Equipment, and Tools 31](#equipment-and-tools)

[7.3 Project Keys 32](#project-keys)

[8.0 Contractor Furnished Items 32](#contractor-furnished-items)

[9.0 Contractor Management and Administration Requirements
32](#contractor-management-and-administration-requirements)

[9.1 Operations and Maintenance Management Plan (OMMP)
32](#operations-and-maintenance-management-plan-ommp)

[9.2 Safety Program 32](#safety-program)

[9.2.1 Tool Box Safety Meetings 32](#tool-box-safety-meetings)

[9.2.2 Safety Training 32](#safety-training)

[9.3 Site Security Program 32](#site-security-program)

[9.4 Acquisition and Warehousing 33](#acquisition-and-warehousing)

[9.5 Personnel Training Program 33](#personnel-training-program)

[9.6 Technical Library 33](#technical-library)

[9.7 O&M Documentation 33](#om-documentation)

[9.7.1 Drawings 33](#drawings)

[9.7.2 O&M Logs 33](#om-logs)

[9.7.3 Informal Unscheduled Status Reports
33](#informal-unscheduled-status-reports)

[9.7.4 Irrigation Water Usage Log 33](#irrigation-water-usage-log)

[9.7.5 Quarterly Accrual Report 34](#quarterly-accrual-report)

[10.0 POST AWARD ORIENTATION CONFERENCE
34](#post-award-orientation-conference)

[11.0 CONTRACTOR PERSONNEL 34](#contractor-personnel)

[12.0 PLACEMENT Of Task Orders 35](#placement-of-task-orders)

**[Section C Statement of Work]{.smallcaps}**

## 1.0 GENERAL

The Grand Valley Unit is located in west-central Colorado along the
Colorado River near Grand Junction. The Grand Valley Unit was authorized
for construction by the Colorado River Basin Salinity Control Act
(Public Law 93-320) of 1974. Public Law 98-569, enacted in 1984, amended
Title II provisions of that act and authorized implementation and
funding of habitat replacement.

The purpose of the Grand Valley Unit is to reduce the estimated 580,000
tons per year of salt added to the Colorado River from the valley
primarily as a result of conveyance system seepage and agricultural
practices. Studies indicate that salt loading to the Colorado River in
the Grand Valley occurs when conveyance system seepage and irrigation
return flows pass through highly saline soils and the underlying Mancos
Shale Formation. By reducing the amount of groundwater percolating
through these saline soils, this unit is reducing salt loading to the
Colorado River.

The Bureau of Reclamation completed an irrigation delivery systems
improvement program to reduce off-farm seepage and salt loading.
Construction of the delivery system improvements by Reclamation was
staged. Stage One (approximately 10 percent of the valley) was used as a
test area to refine analysis and construction techniques used on the
balance of the project (Stage Two). Following environmental studies in
1978, Stage One construction began in October 1980. As part of the
development, 6.8 miles of the Government Highline Canal were lined with
concrete, and 13 unlined laterals were consolidated into 12 piped
laterals. Construction of Stage One was essentially completed in April
1983.

Implemented in November 1981, Stage Two investigations included
re-evaluating various alternatives and analyzing salinity control
measures other than concrete lining of the canals and laterals, since
non-lining options were minimally studied before authorization. *The
Grand Valley Project, Final Environmental Impact Statement* describes
alternatives for the construction and operation of the Grand Valley
Unit. The report was filed with EPA on May 23, 1986. Stage Two of the
Grand Valley Unit covers most of the remaining canals and lateral
systems in the valley. The recommended plan included piping and lining
selected portions of the private and Federal irrigation systems to
reduce seepage into the groundwater system. Construction started in 1986
and was essentially completed in 1998.

As canals and laterals were improved in the Grand Valley, scattered
wetlands and other wildlife habitat were dried up and lost. To
compensate for this loss, Reclamation worked with the U.S. Fish and
Wildlife Service to acquire, develop, and preserve permanent wildlife
habitat along the Colorado River.

A total of 5 wildlife properties have been developed under the program:
Horsethief Canyon State Wildlife Area, Grand Junction Wildlife Area,
Colorado River Wildlife Area, Orchard Mesa Wildlife Area, and DeBeque
Wildlife Area. These properties encompass about 2,300 acres of prime
wildlife habitat along the Colorado River. Developments on the
properties have emphasized restoration of native cottonwood riparian
forests, creation of wetlands, and plantings of permanent grassland and
shrub habitat. Horsethief Canyon State Wildlife Area is managed by the
Colorado Division of Wildlife, while the remaining Grand Valley Unit
wildlife properties will be managed under this contract.

These properties will continue to be managed for the primary purpose of
replacing wildlife habitat. In the long-term, they will be key factors
in preserving the rapidly disappearing Colorado River riparian habitat
as growth and development continues to expand in western Colorado.

## 2.0 BACKGROUND

### 2.1 GENERAL LOCATION

The Grand Valley Unit wildlife properties included in this contract are
located along the Colorado River near Grand Junction, Colorado (see
Attachment A). These properties consist of the Colorado River Wildlife
Area, Grand Junction Wildlife Area, Orchard Mesa Wildlife Area, and
DeBeque Wildlife Area. The properties total 972 acres and are
administered by the Bureau of Reclamation, Upper Colorado Region,
Western Colorado Area Office -- Grand Junction.

### 2.2 GENERAL OBJECTIVE AND FUNCTION

The wildlife properties were purchased and developed under the CRBSCP
Grand Valley Unit to provide replacement of fish and wildlife habitat
foregone by construction of the Grand Valley Unit. The developed
properties provide *"base fish and wildlife credits"* (base credits) for
fish and wildlife habitat lost when canals and laterals were lined and
piped in the Grand Valley. Reclamation is required to maintain these
base credits in perpetuity.

The properties were purchased and developed from 1992-2001. In 2002,
Reclamation entered into a five-year cooperative agreement for
operation, maintenance and wildlife management of the properties.
Emphasis is placed on day-to-day land management activities; wildlife
habitat management; vegetation monitoring and control, irrigation and
water management; and coordination with other agencies and interested
parties.

### 2.3 GENERAL CONTRACTOR REQUIREMENTS

The Contractor shall provide all personnel necessary to operate and
maintain the properties for replacement fish and wildlife habitat. The
properties shall be staffed with at least one (1) full-time property
manager and one (1) additional full-time employee. Additional temporary
staff may be hired as needed to accomplish specific activities and
provide adequate property oversight. The property manager or other
full-time employee will be required to maintain residence at the Grand
Junction Wildlife Area and be available "on-call" as needed after normal
business hours for emergencies.

## 3.0 PROPERTY FEATURES

This section identifies some of the components of each separate facility
but is not all inclusive. The Contractor shall be responsible for the
operation, maintenance, repair, and replacement of all components of the
wildlife properties unless otherwise noted.

###  3.1 Colorado River Wildlife Area

The Colorado River Wildlife Area consists of approximately 200 acres
north of the Colorado River at 31 and D Roads (see Attachment B). The
property includes about 40 irrigated acres (cottonwood trees, grasses
and shrubs), 55 acres of constructed wetlands and ponds, 15 acres of
riparian, and 15 acres of upland habitat. In addition, under a separate
agreement with Reclamation, Colorado State Park maintains a graveled
parking lot, restrooms, and about 1 mile of concrete trail on the
Colorado River Wildlife Area. The rest of the wildlife area is closed to
the public year round to protect nesting and wildlife habitat.

Colorado River Wildlife Area is bordered by high density housing
development on the north and east sides of the property. Conflicts with
wildlife habitat management and urbanization are high on this property
and continue to increase as adjacent rural areas are developed into high
density housing. Irrigation water is delivered to the property via a 50
horsepower pump just north of D Road. The contractor is responsible for
operation and maintenance/replacement of the irrigation pump.

## 3.2 Grand Junction Wildlife Area

The Grand Junction Wildlife Area consists of approximately 155 acres
southwest of the confluence of the Gunnison and Colorado Rivers at 25 ¾
and C ½ Roads (see attachment C). The property includes about 90
irrigated acres (cottonwood trees, grasses and shrubs), 15 acres of
constructed wetlands and ponds, 40 acres of river and riparian and about
3 acres of offices/shop/residence. The property also includes about 7
acres of constructed ponds (known as Peters Ponds) used by the U.S. Fish
and Wildlife Service under a separate agreement with Reclamation for
endangered fish.

The property also includes a gravel parking lot, restroom, bird-watching
kiosk, and about 240 feet of concrete trail. The property is closed to
the public from March 15 to July 31 to protect nesting birds. The
contractor will be responsible for the monitoring and maintenance of
these facilities. Also, under a separate agreement with Reclamation, the
Grand Valley Audubon Society uses an old residence adjacent to the
endangered fish ponds as an office. The Colorado Division of Wildlife
offers a limited archery deer hunt on the property under separate
agreements with Reclamation.

Irrigation water is gravity fed and provided by Reclamation owned shares
in the Redlands Water and Power Company.

## 3.3 Orchard Mesa Wildlife Area

The Orchard Mesa Wildlife Area consists of approximately 145 acres south
of the Colorado River at 30 and C Roads (see attachment D). The property
includes about 20 irrigated acres (cottonwood trees, grasses and
shrubs), 14 acres of wetlands, 106 acres of river and riparian and 5
acres of upland habitat.

A small parking lot and property access are maintained by the
contractor. The property is open to the public only by foot access. The
property is closed to the public from March 15 to July 31 to protect
nesting birds. The Colorado Division of Wildlife maintains one (1)
waterfowl hunting blind and offers a limited archery deer hunt on the
property under separate agreements with Reclamation. This property has
no developed recreation trails.

Irrigation water is provided from two sources: 1) ownership in a storage
pond northeast of the property with diversion rights from Wanda Wash,
and 2) irrigation tail water from Orchard Mesa Irrigation District Drain
D on the property. Both sources are piped and delivered to fields,
wetlands and planting areas via gravity flow. The contractor is
responsible for the operation and maintenance of both irrigation
systems.

##  3.4 DeBeque Wildlife Area

The DeBeque Wildlife Area consists of about 495 acres east of the
Colorado River along V ½ Road northeast of DeBeque, Colorado (see
Attachment E). The property includes about 45 irrigated acres
(cottonwood trees, grasses and shrubs), 20 acres of wetlands, 85 acres
of river and riparian and 320 acres of upland habitat. An additional 25
acres were converted into ponds for endangered fish under an agreement
with the U.S. Fish and Wildlife Service. These ponds have not been used
since 2004, and may be converted to wetlands in the future.

Two small parking lots located along V ½ Road and property accesses are
maintained by the contractor. The property is open to the public by foot
access only and closed to the public from March 15 to July 31 to protect
nesting birds.

Irrigation water is provided by Reclamation-owned shares in the
Bluestone Ditch Company. Approximately 2.5 miles of the Bluestone Ditch
lies within the property boundaries and irrigation water is delivered to
fields, wetlands, and planting area via gravity flow. The contractor is
responsible for the operation and maintenance of irrigation systems from
the Bluestone Ditch to the irrigated lands.

Oil and gas development on adjoining public and private lands and the
properties' remoteness are significant management challenges for the
property.

## 3.5 Office, Shop and Property Manager's Residence

A 30' by 50' building is provided on-site at the Grand Junction Wildlife
Area for office and shop space. A drawing and photograph of the office
and shop are provided as Attachments F & G.

A modular home is also provided on-site at the Grand Junction Wildlife
Area for the Property Manager. Reclamation requires that the Property
Manager or other full-time staff live on-site to provide added security
to the office, equipment, and property. The residence has three bedrooms
and two bathrooms, is fully landscaped and provides comfortable
accommodations adjacent to the office and shop.

## 3.6 Furnished Equipment

All equipment needed to perform normal operation and maintenance
activities are provided by Reclamation. Furnished equipment includes the
following:

> Ford F-350 Pickup (2000) General Sprayer
>
> Ford Tractor Model 4630 (55 HP) Munroe Ripper
>
> Kubota Tractor (27 HP) Wasco Shank Creaser
>
> Gated Pipe Trailer Woods Backhoe
>
> Flat Bed Trailer Great Bend Loader
>
> Gandy Seeder Camera and Accessories
>
> No-till Drill Danser Post Hole Digger
>
> Burch Disc Creaser
>
> Woods Blade Sprayer Mount
>
> Rear Flail Mower V Ditcher
>
> Woods Rotary Mower Row Boat
>
> McFarlene Harrow Trailer Mounted Pump
>
> Utility Trailer Row Marker
>
> Massey Ferguson Plow Table Saw
>
> Auger Welder
>
> ATV (6-Wheeler) Computer/Printer/Fax/Telephone
>
> Gated Pipe Misc. Hand Tools
>
> Sockets/Wrenches Gated Pipe

## 4.0 CONTRACT OVERVIEW

###  4.1 Contract Objective

The operational objective is to protect and manage the wildlife
properties to maintain the replacement habitat required under Public Law
93-336. The contractor may seek additional funding and/or resources, as
practicable, to further enhance the wildlife properties (recreation,
environmental education, additional wildlife habitat, etc.) for the
public benefit, as long as these enhancements are compatible with
managing the properties for the wildlife habitat replacement and do not
increase the obligations of the United States. Any such planned
enhancements must receive prior approval from Reclamation. General and
property specific task requirements are described below.

### 4.1.1 Contract Task Requirements 

> The following are required tasks for the four wildlife properties.
> Additional discussion is provided where appropriate for each wildlife
> property.
>
> **Task 1---Irrigation**
>
> The contractor performs irrigation maintenance, inspection/planning,
> and irrigation applications (watering) for different vegetation types
> and stages of maturity, related to vegetation health and growth.
> Contractor is also responsible for coordination and keeping abreast of
> irrigation district activities that may affect the wildlife property
> (irrigation schedules, canal outages, etc).
>
> This activity is ongoing however the main months of activity include
> February through November for each property. Irrigation methods depend
> on location, vegetation types, weather conditions and water needs. The
> contractor is required to clean or flush gated pipes, rotate gated
> pipes, set gates, and adjust check board structures and other water
> control devices. The contractor shall maintain contact with the
> appropriate water providers regarding maintenance activities, start up
> and shut down dates. In addition, the contractor shall maintain
> contacts with neighbors on shared underground supply piping systems.
>
> There are four different irrigation pumps, over five miles of above
> ground pipe, and over 150 water control devices including, but not
> limited to, head gates, alfalfa valves, drain valves, air vacs,
> butterfly valves, C-10 gates, trash screens and gate valves that
> require continued monitoring and maintenance.
>
> **CRWA---**The contractor shall monitor and irrigate all fields and
> plantings as needed. The contractor performs maintenance on a 50 hp
> irrigation supply pump and delivery system, valves, irrigation gates
> and diversion structures as needed and checks and cleans inlet and
> discharge screens. The contractor chemically or mechanically removes
> vegetation that could increase fire damage to the irrigation systems.
> The property is irrigated with 60 shares of AB stock in the Grand
> Valley Irrigation Company (GVIC). The contractor is responsible for
> paying annual GVIC irrigation operation and maintenance fees from the
> annual operating budget.
>
> **GJWA---**The contractor performs maintenance on irrigation control
> valves, irrigation gates and diversion structures, and checks and
> cleans inlet and discharge screens. The contractor chemically or
> mechanically removes vegetation that could increase fire damage to the
> irrigation systems. The irrigation delivery system is gravity feed and
> is irrigated with 68 Reclamation-owned shares in the Redland Water and
> Power Company (Company). An additional 18 shares are used for the
> Peters endangered fish grow out ponds adjacent to the Grand Junction
> Wildlife Area. The contractor is responsible for paying annual Company
> irrigation operation and maintenance fees from the annual operating
> budget.
>
> **OMWA---**The contractor monitors and irrigates all fields and
> plantings using a gravity feed delivery system. Irrigation water is
> provided by using diverted Orchard Mesa Irrigation District return
> flows from Drain D and Wanda Wash water rights. Some plantings areas
> are not irrigable by the existing irrigation delivery system and
> require hand watering as needed.
>
> **DWA---**The contractor monitors and uses an existing gravity fed
> system to irrigate all fields and plantings as needed. Reclamation
> owns 105 shares in the Bluestone Ditch Company (Bluestone). The
> contractor is responsible for paying annual Bluestone irrigation
> operation and maintenance fees from the annual operating budget.
>
> **Task 2---Maintain Water Levels**
>
> The contractor is responsible for monitoring and adjusting water
> levels in artificial marshes, mud flats, ponds and return ditches for
> migratory and resident wildlife, vegetation needs and coordinates with
> weather changes, irrigation schedules, water quality, and time of
> year.
>
> **CRWA**---This property has 10 marshes, 9 return ditches, and two
> large ponds. Water is provided by a combination of stock in the Grand
> Valley Irrigation Company, irrigation returns, and 1994 direct flow
> diversion rights of 8.3 cfs from Lewis Wash.
>
> **GJWA---**this property has one pond, and four marshes. The Pond is
> stocked annually with hatchery raised endangered razorback suckers by
> the U.S. Fish and Wildlife Service. The fish are temporararily stocked
> in the pond during the summer months for grow-out and removed in the
> fall and stocked in rivers by the Upper Colorado River Endangered Fish
> Recovery Program. The Peters Property, adjacent to the Grand Junction
> Wildlife Area, also has four endangered fish grow-out ponds and water
> levels in these ponds are managed by the U.S. Fish and Wildlife
> Service.
>
> **OMWA---**This property has only one artificial marsh. Water is
> continually diverted from Drain D (OMID return flows) to the marsh to
> reduce selenium levels.
>
> **DWA---**This property has 8 artificial marshes designed to create
> shallow water and mudflats. Water is delivered from the Bluestone
> Ditch to accommodate vegetation needs and seasonal migrating waterfowl
> and shorebirds.
>
> **Task 3---Insect, Plant Disease, and Animal Control**
>
> The contractor performs plant disease investigation, prevention and
> treatment. This activity occurs primarily between February and October
> for each property. This includes watching for signs, including but not
> limited to aphids, bores, grasshoppers, beetles, fungus, and diseases.
> When insects are found, the contractor shall identify and apply the
> correct treatment (i.e., chemical application, plant removal) for the
> species involved as approved in the Integrated Pest Management Plan
> (IPMP, Attachment X). The contractor is required to submit requests
> for the use of chemicals and treatment methods not included in the
> approved IPMP to Reclamation for approval using the attached Pesticide
> Use Plan (PUP, Attachment X).
>
> The contractor also traps and transplants or disposes of nuisance
> wildlife when needed to protect the wildlife area as permitted under
> Colorado State Law pursuant to the IPMP. The contractor develops and
> maintains relationships with Colorado Division of Wildlife and Mesa
> County Animal Control Department to protect public and property from
> nuisance wildlife and domestic animals (i.e., coyotes, beavers,
> raccoons, skunks, stray dogs and cats). The contractor installs and
> maintains protective cages and fences to reduce and protect tree and
> shrub plantings from animal damage (beaver, deer, elk, etc.). The
> contractor also maintains contacts with the Mesa County Health
> Department and Grand River Mosquito District to monitor and treat, as
> needed, any areas of mosquito breeding habitat with larvacides
> approved by Reclamation.
>
> **GJWA---**This property has had additional control problems with
> river otters eating endangered fish from the grow-out ponds. The
> contractor is responsible for monitoring river otter populations and
> recommend and implement control measures as funding allows.
>
> **Task 4---Weed Control**
>
> The contractor performs weed control planning, annual inventories,
> early identification and treatment. This activity occurs primarily
> between February and November for each property. The contractor shall
> monitor and map weed and invasive trees (tamarisk, Russian olive,
> elm). Noxious weeds and other pest species are identified and approved
> treatments are described in the IPMP. The contractor is required to
> submit requests for the use of chemicals and treatment methods not
> included in the approved IPMP to Reclamation for approval using the
> attached Pesticide Use Plan (PUP). The contractor treats and control
> tamarisk and Russian olive as annual funding allows.

**CRWA---**Currently, about 90% of the property is under control.

> **GJWA---**Currently, about 80% of the property is under control. The
> contractor also treats and controls cattails and other aquatic
> vegetation associated with the Peters endangered fish grow-out ponds
> as directed by the Contracting Officer's Representative (COR) when
> annual funding allows.
>
> **OMWA**--- Currently, only about 15% of the property is under
> control. The contractor will treat and control tamarisk and Russian
> olive as annual funding allows.
>
> **DWA---**Currently, only about 85% of the property is under control.
> The contractor will treat and control tamarisk and Russian olive as
> annual funding allows.
>
> **Task 5---Vegetation Monitor and Management**
>
> The contractor shall provide for replacement or reestablishment of
> plantings as needed to maintain wildlife habitat replacement.
> Replacement or reestablishment may be necessary because of plant
> disease, damage due to fire or accident, removal of noxious or exotic
> plants (i.e. tamarisk), etc. The contractor is responsible for species
> selection, preparation planning (soils, water, plant storage,
> acquisition, equipment, etc), irrigation planning, planting and
> monitoring.
>
> The contractor monitors existing fields and plantings; mows and
> fertilizes fields; mows and fertilizes plantings as needed to reduce
> competition, provides needed nutrients, and reduces risk of fire
> damage. The contractor also uses selective thinning of established
> cottonwood trees in low mortality planting basins to reduce
> competition and increase growth. All cut trees shall be used to create
> brush piles for continued wildlife habitat use, donated or sold with
> revenues used to supplement the annual operating budget.
>
> The contractor establishes and maintains annual and seasonal food
> plots for wildlife. The contractor also maintains grass and alfalfa
> fields for wildlife benefit and is responsible for hay production on
> the wildlife properties in a manner that maximizes wildlife benefits.
> Hay can be either harvested by the contractor or through the use of a
> subcontractor approved by Reclamation. Revenues generated from the
> sale of wildlife property hay shall be used to supplement the annual
> operating budget.
>
> **CRWA---** The contractor plants and maintains two seasonal and four
> permanent food plots at the Grand Junction Wildlife Area. Seasonal
> food plots shall consist of sunflower, oats, millet and/or other small
> grain crops.
>
> **GJWA---**The contractor plants and maintains four seasonal and four
> permanent food plots at the Grand Junction Wildlife Area. Seasonal
> food plots shall consist of sunflower, oats, millet and/or other small
> grains, and small burnett planted in the permanent food plots.
>
> **OMWA**---The contractor plants and maintains two seasonal food
> plots. Seasonal food plots shall consist of sunflower, oats, millet
> and/or other small grains.
>
> **DWA---**The contractor plants and maintains two seasonal food plots.
> Seasonal food plots shall consist of sunflower, oats, millet and/or
> other small grains.
>
> **Task 6---Fence Maintenance**
>
> The contractor is required to monitor all boundary and interior fences
> and repair as needed. The contractor inspects boundary fences on an
> annual basis by walking the exterior boundaries of each property.
> Fence repairs are made as needed to protect the replacement wildlife
> habitat and control access at each of the wildlife properties.
>
> **Task 7---Signage**
>
> The contractor is responsible for monitoring and
> replacing/repairing/updating as needed, all boundary, interior, and
> informational signs. The contractor shall insure that boundary fence
> signage is maintained at a maximum of 300 feet between signs.
> Inspection of boundary signage can occur during annual fence
> inspections. All other property signage should be
> replaced/repaired/updated as needed to fulfill the intended signage
> purpose.
>
> **Task 8---Wildlife Management**
>
> The contractor monitors wildlife use and movement including number and
> habitat use for each of the properties. This activity is ongoing
> throughout the year. The contractor shall use appropriate wildlife
> monitoring techniques to document and monitor wildlife usage on the
> wildlife properties. Surveys shall document species composition and
> population numbers, nesting success, habitat use and preference, etc.
> Surveys shall be coordinated with Reclamation and Colorado Division of
> Wildlife staff, Grand Valley Audubon, and other appropriate agencies
> or interested group.
>
> **Task 9---Property Management**
>
> The contractor maintains information contacts with property neighbors,
> the public, fire and law enforcement, and other partnering agencies.
> At a minimum, the contractor shall develop and maintain relationships
> with the Colorado Division of Wildlife, Colorado State Parks, U.S.
> Fish and Wildlife Service, Grand Valley Audubon Society, Colorado
> State Patrol, Mesa County Sheriff Department, and Bureau of Land
> Management.
>
> The contractor is also responsible for monitoring and controlling
> public use on the wildlife properties. This activity is ongoing
> throughout the year. The contractor monitors public use through public
> contacts, interviews, surveys, comment cards, etc. The contractor
> maintains access control points and refers unauthorized activities and
> trespass to the appropriate law enforcement agency.
>
> The contractor shall also implement the Reclamation approved master
> fire plan for all properties (Attachment H). This includes maintaining
> fire breaks, emergency access, and escape routes as shown in the
> attached approved fire plan. The contractor shall recommend updates to
> the plan as needed to address new areas of concern.
>
> **CRWA---**The Colorado River Wildlife Area is closed to public use
> year round, but adjacent public trails are owned and managed by
> Colorado State Parks. The contractor is required to maintain all
> signage within the closed area. No hunting is allowed at the Colorado
> River Wildlife Area.
>
> **GJWA---**The Grand Junction Wildlife Area is seasonally closed to
> the public (March 15-July 31). The contractor maintains a handicap
> accessible bird watching kiosk, restroom, and parking area at the
> wildlife area. The contractor also coordinates limited archery deer
> hunting as approved by Reclamation and fishing access with the local
> Colorado Division of Wildlife Office. No other hunting activities are
> allowed at the Grand Junction Wildlife Area.
>
> **OMWA---**The Orchard Mesa Wildlife Area is seasonally closed to the
> public (March 15-July 31). The contractor maintains a parking area and
> a "foot access only" gate to the wildlife area. The contractor also
> coordinates limited archery deer hunting and waterfowl hunting and
> fishing access as approved by Reclamation with the local Colorado
> Division of Wildlife Office. No other hunting activities are allowed
> at the Orchard Mesa Wildlife Area.
>
> **DWA**-The DeBeque Wildlife Area is seasonally closed to the public
> (March 15-July 31). The contractor maintains two parking areas.
> Hunting on the DeBeque Wildlife Area is open to the public during
> established seasons and is controlled by existing Colorado
> regulations. The upper tract of the DeBeque Wildlife Area is located
> in Garfield County and requires infrequent contact with the Garfield
> Sheriffs Department. Significant oil and gas development on adjacent
> Bureau of Land Management and private lands also has potential to
> impact the wildlife area.
>
> **Task 10---Facilities Management**
>
> The contractor is required to maintain the office, shop, and residence
> at the Grand Junction Wildlife Area. The contractor pays all utilities
> for the properties from the annual operating budget. These include,
> but are not limited to, bills for the office, shop, and irrigation
> pump electricity, water, sewer, and trash disposal. The contractor is
> responsible for utilities bills associated with the residence;
> however, major repairs and improvements to the residence may be paid
> from the annual operating budget with prior approval from Reclamation.
>
> The contractor also maintains a public restroom, information kiosk,
> and wildlife viewing blind at the Grand Junction Wildlife Area and a
> pump house at the Colorado River Wildlife Area.
>
> **Task 11---Equipment Management**
>
> The contractor maintains and services all equipment including, but not
> limited to, vehicles, tractors, irrigation pumps, and farm implements.
> A detailed list of government furnished equipment is described in
> Section C.3.6. The contractor may use subcontractors to perform some
> or all of the maintenance and service activities (i.e., oil changes,
> engine repairs, etc.). The contractor is also responsible for
> purchasing replacement equipment when needed to efficiently and safely
> perform the requirements of this contract. The purchase of replacement
> equipment also requires prior approval from Reclamation. In some
> instances, Reclamation can purchase the needed equipment, and make it
> available for the contractor's use.

### 4.2 Staffing Requirements

The contractor shall provide onsite management and a workforce who will
operate, maintain and provide wildlife management for the four wildlife
properties. There shall be a qualified property manager and at least one
full-time employee to assist the property manager.

The property manager shall have a minimum of five (5) years of fish and
wildlife habitat management experience, three years (3) of general
farming experience, and three years (3) of general project management,
budgeting and oversight responsibility. A Bachelor of Science degree in
wildlife management, biology, forestry, soils, natural resources, or
similar discipline may be used to substitute up to four (4) years fish
and wildlife habitat management experience.

The property manager or designated employee is required to maintain
residence at the Grand Junction Wildlife Area to provide added security.
Reclamation provides a residence at the property for the property
manager.

### 4.3 Period of Performance

The basic period of performance shall be five years commencing from the
date of contract award. The Government shall have the option to extend
this contract for up to four additional years based on contract
performance as described below in Section 4.5, which may be invoked as a
part of this contract without further competition.

### 4.4 Components, Tools, and Consumables

All replacement and/or repair components, tools, and consumables
associated with the wildlife areas will be provided by Reclamation or
purchased by the Contractor with reimbursement from the Government. All
components, tools, and consumables purchases must be included in
approved annual operating budget, and be within the limitation specified
in the Bid Schedule.

**4.5 Performance Base Contracting and Deliverables**

This contract shall be awarded as performance-based. Performance shall
be gauged on submittals and upon field inspections conducted by the COR.
Reclamation shall conduct annual contract reviews and provide written
documentation of ratings by January 15^th^ of each calendar year. Table
1 displays the general annual work plan and deliverables for each
contract year.

\-[Exceptional Annual Performance Rating]{.underline}--- the Contractor
is authorized to provide 5% to 10% annual salary bonus for employees who
contribute to the exemplary performance contingent on available
obligated contract funding.

\-[Superior Annual Performance Rating]{.underline}--- the Contractor is
allowed to provide 1% to 4% annual salary bonus for employees who
contribute to the exemplary performance contingent on available
obligated contract funding.

\-[Satisfactory Annual Performance Rating]{.underline} ---the contractor
is not authorized to provide an annual salary bonus for any employee.

\-[Poor Annual Performance Rating]{.underline}--- the contractor is not
authorized to provide an annual salary bonus to any employee and
Reclamation is required to detail performance deficiencies that need to
be corrected within the following year. If poor performance standards
are not corrected within the time period specified in the evaluation,
Reclamation may request changes in key positions or terminate the
contract for default as described in Section 11.3 KEY PERSONNEL.

***Exceptional performance*** is defined as:

> 1\. Submits quarterly and annual reports within the required
> timeframe.
>
> 2\. Accomplishes 95% of all task actions identified in the approved
> annual work plan subject to annual funding limitations and other
> factors beyond the contractor's control.
>
> 3\. Obtains an additional funding/contributions from non-Reclamation
> sources for additional Reclamation approved wildlife habitat
> improvements (i.e. Tamarisk Coalition, Central Utah Completion Act,
> private donations, community service workers, volunteers, etc).
>
> 4\. Meets or exceeds the approved annual work plan schedules.
>
> 5\. Ensures full coordination with Reclamation and other partnering
> agencies. Initiates and promotes coordination activities with other
> agencies, environmental groups and the public.
>
> 6\. All safety and applicable training documentation must be presented
> to Reclamation prior to work initiation.
>
> 7\. All work is performed with the approved annual operating budget
> and the contractor has identified ways to decrease costs so that
> additional wildlife habitat improvements can be implemented (over and
> above maintaining base fish and wildlife credits).
>
> 8\. Promotes conservation programs and provides at least two education
> programs for local schools, institutions or organizations (i.e.: Boy
> Scouts of America, Audubon Society, etc.).

***Superior performance*** is defined as:

> 1\. Submits annual reports within the required timeframe and no more
> than one untimely submitted quarterly report if Operation &
> Maintenance logs are accurate and up-to-date.
>
> 2\. Accomplishes 85% of all task actions identified in the approved
> annual work plan subject to annual funding limitations and other
> factors beyond the contractor's control.
>
> 3\. Obtains an additional funding/contributions from non-Reclamation
> sources for additional Reclamation approved wildlife habitat
> improvements (i.e. Tamarisk Coalition, Central Utah Completion Act,
> private donations, community service workers, volunteers, etc).
>
> 4\. Meets 90% of the approved annual work plan schedules.
>
> 5\. Ensures full coordination with Reclamation and other partnering
> agencies.
>
> 6\. All safety and applicable training documentation must be presented
> to Reclamation prior to work initiation.
>
> 7\. All work is performed with the approved annual operating budget.
>
> 8\. Promotes conservation programs and provides at least one education
> program for local schools, institutions or organizations (i.e., Boy
> Scouts of America, Audubon Society, etc.).

***Satisfactory performance*** is defined as:

> 1\. Submits annual reports within the required timeframe and no more
> than two untimely submitted quarterly reports if O&M logs are accurate
> and up-to-date.
>
> 2\. Accomplishes 75% of all task actions identified in the approved
> annual work plan subject to annual funding limitations and other
> factors beyond the contractor's control.
>
> 3\. Meets 75% of the approved annual work plan schedules.
>
> 4\. Ensures full coordination with Reclamation.
>
> 5\. All safety and applicable training documentation must be presented
> to Reclamation prior to work initiation.
>
> 6\. All work is performed with the approved annual operating budget.
>
> 7\. Promotes conservation programs.

***Poor performance*** is defined as:

> 1\. Failure to submit annual and quarterly reports within the required
> timeframe and O&M logs are inaccurate and outdated.
>
> 2\. Failure to accomplish 75% of all task actions identified in the
> approved annual work plan subject to annual funding limitations and
> other factors beyond the contractor's control.
>
> 3\. Failure to meet 75% of the approved annual work plan schedules.
>
> 4\. Failure to coordinate with Reclamation.
>
> 5\. Failure to provide safety and applicable training documentation to
> Reclamation.
>
> 6\. Failure to perform with the approved annual operating budget.
>
> 7\. Failure to promote conservation programs.

## 5.0 REGULATIONS

The Contractor must comply with all applicable federal and state laws
including, but not limited to:

> -The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
>
> -Federal Noxious Weed Act
>
> -National Environmental Policy Act (NEPA)
>
> -Endangered Species Act (ESA)
>
> -Migratory Bird Treaty Act (MBTA)
>
> -Bald and Golden Eagle Protection Act
>
> -Clean Water Act (CWA)
>
> -National Historic Preservation Act (NHPA)
>
> -Colorado Revised Statutes
>
> -Colorado Division of Wildlife Regulations
>
> -Local authority, laws and associated regulations

## 6.0 Government and Contactor Coordination

### 6.1 Inspections

Bi-annual inspection of the four wildlife properties shall be conducted
by the contractor's designated representative and a Government
representative. The contractor shall document the inspection in a
report, submit it to the Government personnel on-site (COR), and file it
in the Technical Library within 2 working days of the inspection.

Government representatives will make occasional unannounced inspections
to assure that work is being performed in accordance with the contract.

### 6.2 Coordination Meetings

###  6.2.1 Operation and Maintenance Meetings

> The Government and the Contractor shall meet at least four (4) times a
> year to review and discuss upcoming activities. At a minimum,
> operation and maintenance meetings will be held in October, January,
> April, and July of each year. The contractor shall record the meeting
> minutes and provide a written copy of the meeting minutes to the
> involved Government personnel. Annual contract rating reviews as
> described in Section 4.5 will be reviewed during the January meeting.
>
> **6.2.2 Government Contacts**
>
> The Contractor will communicate with the following Reclamation staff
> regarding task issues:
>
> For technical direction and oversight: For payment and contract
> issues:
>
> Terence Stroh, Chief Leslie Corpening, UC-848
>
> Environmental and Planning Group Contract Specialist
>
> Western Colorado Area Office Upper Colorado Regional Office
>
> U.S. Bureau of Reclamation U.S. Bureau of Reclamation
>
> 2764 Compass Dr., Suite 106 125 South State Street, Room 6107
>
> Grand Junction, CO 81504 Salt Lake City, UT
>
> Telephone: 970-248-0608 Telephone: 801-524-3613
>
> Fax: 970-248-0600 Fax: 801-524-3857
>
> Email: <tstroh@uc.usbr.gov> Email: <lcorpening@uc.usbr.gov>

## 7.0 Government-Furnished Items

### 7.1 Facility Buildings

All facility buildings will be for use to the Contractor for the
duration of the contract with the exception of the old house at the
Grand Junction Wildlife Area which is currently used by the Grand Valley
Audubon Society.

### 7.2 Equipment, and Tools

All (existing at the time of the contract award) tools, supplies,
wildlife property records, process consumables, hardware, tractors,
trailers, farm implements, vehicles, and other equipment are made
available to the Contractor for use in the performance of this contract.
The Contractor is required to maintain all Government furnished
equipment in accordance with the manufacturer's recommendations (unless
otherwise agreed upon). Unless due to normal wear and tear, the
contactor will be responsible to replace all lost, stolen, or broken
equipment at no additional cost to the Government. The contract shall
provide to Reclamation an annual inventory report of all tools,
supplies, tractors, trailers, farm implements, vehicles, and other
equipment furnished or purchase under the contract as described in
Section 9.7.6.

### 7.3 Project Keys

The contractor shall assure that no issued wildlife property keys are
lost, duplicated, misplaced, used by unauthorized persons, or used by
contractor employees to give unauthorized persons access to the wildlife
properties. The contactor shall adhere to the Government Lock and Key
Control program. Any contractor employees no longer employed on this
contract must return their keys at the time of dismissal or change of
station. If the keys are not returned to the Government, the contractor
shall replace, at the contractor's expense, all lock sets and cores
associated with the unreturned key or keys.

## 8.0 Contractor Furnished Items

No contractor furnished items are required for this contract. However,
if the contractor identifies items that can make the performance of this
contract more efficient and effective, the contractor may purchase these
items if included in the annual operating budget. As discussed
previously, purchase of equipment requires prior approval from
Reclamation.

## 9.0 Contractor Management and Administration Requirements

### 9.1 Operations and Maintenance Management Plan (OMMP)

The contractor shall produce and provide to the Government a
comprehensive annual OMMP that will insure that all operation,
maintenance, and wildlife management of the wildlife properties will be
performed safely, accurately, and efficiently. The annual OMMP shall
contain, but not be limited to, the following elements:

> -Annual Work Plan (including the tasks described in Section 4.1.1 and
> any proposed
>
> new projects)
>
> -Proposed Annual Operating Budget (not to exceed annual
> appropriations)

The Annual OMMP shall describe how each task will be incorporated into
daily wildlife property activities and specify personnel positions that
will be responsible for each program and the OMMP implementation. The
annual OMMP shall be submitted to Reclamation for approval by January
30^th^ of each calendar year.

### 9.2 Safety Program

The contractor shall be responsible for producing, implementing, and
maintaining a written safety program that is in compliance with OSHA
regulations and/or Reclamation's "Reclamation Safety and Health
Standards," whichever is more stringent. At a minimum the Safety Program
shall consist of a site-specific Hazard Communications (MSDS) Program,
Job Hazard Analyses (JHA), and Personal Protective Equipment (PPE)
Program.

### 9.2.1 Tool Box Safety Meetings

> The contractor shall conduct monthly (toolbox) safety meetings with
> contractor personnel. The contractor shall provide all contractor
> personnel a means by which they review and sign the meeting
> documentation and are provided the opportunity to comment on wildlife
> property safety issues. Meeting documentation shall be submitted to
> the COR and filed in the Technical Library within 7 calendar days of
> the meeting.

### 9.2.2 Safety Training

> At a minimum all contractor personnel shall receive annual training on
> the following:

a.  CPR and First Aid

b.  Hazard Communications (MSDS)

c.  Personal Protective Equipment (PPE)

### 9.3 Site Security Program

The contractor shall work with the Government to produce and implement a
written Site Security Program that identifies access and security
procedures for the wildlife property facilities to ensure appropriate
access to authorized personnel and prevent access to unauthorized
personnel. The program shall include the provision of the Government
Lock and Key Control program and define personnel. As part of the Site
Security Program, the contractor is required to have personnel live at
the residence provided by Reclamation at the Grand Junction Wildlife
Area.

### 9.4 Acquisition and Warehousing

The contractor shall provide and implement a written Acquisition and
Warehousing Program that identifies how components, equipment and
supplies are acquired, received, and stored/installed. The contractor
shall maintain an inventory of components, equipment, and supplies
sufficient to maintain the operations and maintenance of the wildlife
properties. The inventory levels shall be based on availability,
delivery schedules, and component life history. The contractor shall
track shipping, verify quality, quantity, invoice accuracy, and document
items received and used. The inventory list shall be maintained and at a
minimum shall identify items, quantity, and exact location.

### 9.5 Personnel Training Program

The contractor shall develop and implement a written Personnel Training
Program. Personnel are required to be trained on operation, maintenance,
and computer activities that they perform. Training documentation shall
include, but not be limited to, the name of contractor personnel
trained, systems personnel are qualified to operate and/or maintain, and
a copy of the training material used. Training documentation shall be
filed in the Technical Library.

### 9.6 Technical Library

The contractor shall provide and maintain an on-site Technical Library.
The Technical Library shall contain OMMP, all current drawings,
manufacturer's equipment specifications and maintenance instructions,
Standing Operation Procedures (SOP's), Maintenance Procedures, Job
Hazard Analyses (JHA's), O&M Training documentation, Safety Program
documentation, Maintenance Check Lists, hazardous waste, herbicide and
insecticide manifests, the master fire management, and integrated pest
management plan (IPMP). The contractor shall maintain sufficient filing,
labeling, organization and control to allow contractor personnel and
Government representatives immediate and convenient access to those
materials.

### 9.7 O&M Documentation

### 9.7.1 Drawings

> The contractor shall update existing irrigation system schematics
> (pumps, pipelines, head gates, etc.) as discrepancies are found
> between the existing hard copies and the actual installation, and when
> there are changes in a system. The contractor shall maintain the
> drawings on site which shall be made available to the Government.

### 9.7.2 O&M Logs

> The contractor shall maintain operation and maintenance logs that
> include daily details of operation, maintenance and management of the
> wildlife properties. The logs shall be available for Reclamation's
> review upon request and shall include, but are not limited to, the
> number of acres irrigated and irrigation cycles, acres mowed, acres
> and type of herbicide or insecticide application, acres fertilized,
> acres under cultivation and species planted for annual food plots,
> number and type of public contacts, problems encountered during the
> reporting period, and general health of each of the wildlife
> properties. The O&M logs serve as the basis for documentation for
> progress reports and developing the Annual Operation and Maintenance
> Management Plan (OMMP).

### 9.7.3 Informal Unscheduled Status Reports

> The contractor shall provide current wildlife property status and
> updates to the COR within one business day after receiving a written
> request.

### 9.7.4 Irrigation Water Usage Log

> Where water rights applications have been filed and/or pending (i.e.,
> Orchard Mesa Wildlife Area-Wanda Wash), the contractor shall measure
> and document the dates and amount of irrigation water used to irrigate
> the wildlife property on a quarterly basis in an irrigation log. The
> irrigation log shall be submitted annually to Reclamation for use in
> demonstrating due diligence for pending water rights applications.

### 9.7.5 Quarterly Accrual Report

> The contractor shall provide, two weeks prior to the end of each
> fiscal year quarter, a report that estimates the amount of
> reimbursable funds expended by the contractor but not yet paid by the
> Government from the most recent invoice to the end of the current
> fiscal year quarter.
>
> **9.7.6 Annual Inventory Report**
>
> The contractor shall annually conduct an inventory of all tools,
> tractors, trailers, farm implements, vehicles, and other equipment
> furnished or purchased under the contract. The annual inventory report
> shall be submitted to Reclamation by December 30th each year and
> should include a detailed description (include property identification
> tags), location, and condition of each item.
>
> **9.7.7 Annual Progress Report**
>
> The contractor shall prepare and submit to Reclamation by December
> 30^th^ of each year an Annual Progress Report. The Annual Progress
> Report shall identify the status of all tasks and activities
> identified in the previous year's Annual Operation and Maintenance
> Management Plan.

## 10.0 POST AWARD ORIENTATION CONFERENCE 

A post award orientation conference shall be held no later than 7
working days following contract award, at which time the Contractor
shall provide the following for approval:

> \- A list of all personnel to be employed in the performance of this
> contract, including full names, addresses, and telephone numbers.
>
> \- Proof of drivers license for each person employed on site who will
> be driving a Government vehicle.
>
> \- Contractor\'s proposed training schedule: List of the kinds of
> training to be provided to Contractor personnel prior to the start of
> Facility operations, and during the year; dates of the training; and
> list of personnel to be trained.

## 11.0 CONTRACTOR PERSONNEL

> **11.1 GENERAL**

The Contractor shall be responsible for maintaining satisfactory
standards of employee competency, conduct, appearance and integrity, and
shall be responsible for taking such disciplinary actions with respect
to employees as may be necessary.

The COR may require the Contractor to remove from work any employee the
Contracting Officer deems incompetent, unqualified, irresponsible,
careless, or otherwise objectionable. Complaints from either the public
or from Reclamation concerning an employee\'s behavior may be cause for
the Contractor to invoke such removal.

The Contractor shall provide all personnel necessary to accomplish the
work. All personnel shall be sufficiently experienced in work similar to
that required by the contract. The Contractor shall verify that each
employee is suitable for employment.

Each employee is considered a public relations representative of
Reclamation. As such, he/she is expected to answer all visitor questions
in a manner consistent with good public relations or, if unable to
answer, direct the visitor to the appropriate personnel.

> **11.2 STANDARDS OF CONDUCT**

Employees shall conduct themselves in a manner that shall present an
appearance of professionalism to the public. All contact with the public
shall be courteous and helpful.

> **11.3 KEY PERSONNEL**

Prior to reassigning any of the Key Personnel specified individuals to
other programs or making substitutions of personnel, the Contractor
shall notify the COR 30 days in advance, and shall submit justification
(including proposed substitutions) in sufficient detail to permit
evaluation of the impact of such changes on the contract effort. No
changes in Key Personnel shall be made by the Contractor without the
written consent of the COR. The Property Manager is defined as the Key
Personnel in this contract, and is considered to be essential to the
work being performed in accordance with this contract.

If Key or any other project personnel are found to devote less effort
than anticipated at the time of the contract award or are performing
unsatisfactorily, the Contracting Officer may direct replacement of such
personnel, a contract modification, or contract termination as
appropriate.

The duties and responsibilities of Key Personnel will be provided by
offerors and incorporated into the contract.

Contractor's Key Personnel must have a minimum of high school diploma or
equivalency.

Contractor's Property Manager must have a minimum of five (5) years of
fish and wildlife habitat management, three years (3) of general farming
experience, and three years (3) of general project management, budgeting
and oversight responsibility. A Bachelor of Science degree in wildlife
management, biology, forestry, soils, natural resources, or similar
discipline may be used to substitute up to four (4) years fish and
wildlife habitat management experience.

> **11.4 PERSONNEL POSITIONS**

The following list is provided for reference by the contractor only. The
contractor is not required to use these positions to fulfill the
requirements of this contract. It is left to the discretion of the
offeror on what positions shall be identified and number of employees in
those positions to fulfill the contract requirements. Based on previous
facility activities the following positions have been utilized:

> \- Property Manager
>
> \- Assistant Property Manager

## 12.0 PLACEMENT Of Task Orders

> For each task order, the Government will provide the contractor with a
> description of the work and a Request to Contractor for Proposed Costs
> form, and will request a proposal from the contractor. For internal
> use, the Government will also prepare an Independent Government
> Estimate (IGE) including estimated quantities, labor categories, and
> estimated materials price. The Contracting Officer will request a
> proposal (technical and price) from the contractor. Upon receipt of
> the proposal from the contractor, the Government will negotiate the
> terms of the task order. (However, the Government reserves the right
> to unilaterally issue any task order.)
>
> The Government's requesting office will provide the Government's
> contract specialist with the following:

a.  Requisition

b.  Statement of Work

c.  Evaluation Criteria

d.  Schedule (Section B) for the Task Order

e.  Period of Performance

f.  Contract Administration information (Section G)

g.  Payment information (Section H)

h.  Any other pertinent Section

i.  Any appropriate attachments (i.e., maps, drawings, etc.).

The Government's contract specialist will include the above in the
contract file and will further document the action with a Record of Task
Order. The task order will be executed by signature of the Contracting
Officer. The terms of the task order will be in accordance with the
contract.

Task orders may be modified either unilaterally, if appropriate, or by
written agreement between the Contracting Officer and the contractor.

> Table 1-Deliverables

+---------------------------------------+----------------+-------------+
| **Task Description**                  | **Timeframe**  | **De        |
|                                       |                | liverable** |
+---------------------------------------+----------------+-------------+
| **General:**                          |                |             |
+---------------------------------------+----------------+-------------+
| Prepare and submit yearly Operation   | September 15th | OMMP        |
| and Maintenance                       |                |             |
|                                       |                |             |
| Management Plan                       |                |             |
+---------------------------------------+----------------+-------------+
| Prepare and submit yearly Operating   | September 15th | Proposed    |
| Budget based on annual appropriations |                | Annual      |
|                                       |                | Operating   |
|                                       |                | Budget.     |
+---------------------------------------+----------------+-------------+
| **Task 1: Irrigation**                |                |             |
+---------------------------------------+----------------+-------------+
| 1\. Operate and irrigate fields,      | Annually       | O&M Log.    |
| shrubs, trees and other vegetation at |                |             |
| each wildlife property.               | February-March | Irrigation  |
|                                       |                | Water Usage |
|                                       |                | Log         |
+---------------------------------------+----------------+-------------+
| 2\. Inspection and maintenance of the | Ongoing        | O&M Log     |
| wildlife properties irrigation        |                |             |
| systems.                              |                |             |
+---------------------------------------+----------------+-------------+
| 3\. Coordinate with irrigation        | Within 30 day  | Payment     |
| districts and other water users; pay  | of receiving   | Receipt     |
| annual irrigation O&M assessments for | annual         |             |
| RWPC, GVIC, and Bluestone Ditch       | assessment     |             |
| Company.                              |                |             |
+---------------------------------------+----------------+-------------+
| **Task 2: Maintain Water Levels**     |                |             |
+---------------------------------------+----------------+-------------+
| 1\. Monitor and adjust water levels   | Ongoing        | O&M Log     |
| in artificial marshes, mud flats,     |                |             |
| ponds and return ditches for          |                |             |
| migratory and resident wildlife,      |                |             |
| vegetation needs, etc.                |                |             |
+---------------------------------------+----------------+-------------+
| **Task 3: Insect, Plant Disease and   |                |             |
| Animal Control**                      |                |             |
+---------------------------------------+----------------+-------------+
| 1\. Perform insect and plant disease  | Annually       | O&M Log     |
| investigations, preventions and       |                |             |
| treatments as described in the IPMP.  | Fe             |             |
|                                       | bruary-October |             |
+---------------------------------------+----------------+-------------+
| 2\. Submit supplemental Pesticide Use | As Needed      | PUP         |
| Application (PUP) for pesticides and  |                |             |
| other treatments not included in      |                |             |
| approved IPMP.                        |                |             |
+---------------------------------------+----------------+-------------+
| 3\. Trap and transplant or dispose of | Ongoing        | O&M Log     |
| nuisance wildlife when needed to      |                |             |
| protect wildlife areas as permitted   |                |             |
| under Colorado State Law.             |                |             |
+---------------------------------------+----------------+-------------+
| 4\. Install and maintain protective   | Ongoing        | O&M Log     |
| cages for tree and shrub plantings as |                |             |
| appropriate to provide protection.    |                |             |
+---------------------------------------+----------------+-------------+
| **Task 4: Weed Control**              |                |             |
+---------------------------------------+----------------+-------------+
| 1\. Performs weed control planning,   | Annually       | O&M Log     |
| annual inventories, and treatments as |                |             |
| described in the IPMP.                | Feb            | Weed Maps   |
|                                       | ruary-November |             |
+---------------------------------------+----------------+-------------+
| 2\. Submit supplemental Pesticide Use | As Needed      | PUP         |
| Application (PUP) for herbicides and  |                |             |
| other treatments not included in      |                |             |
| approved IPMP.                        |                |             |
+---------------------------------------+----------------+-------------+
| **Task 5: Vegetation Monitoring and   |                |             |
| Management**                          |                |             |
+---------------------------------------+----------------+-------------+
| 1\. Monitor and provide for           | Ongoing        | O&M Log     |
| replacement or reestablishment of     |                |             |
| plantings needed to maintain wildlife |                |             |
| habitat.                              |                |             |
+---------------------------------------+----------------+-------------+
| 2\. Mow and fertilize fields;         | Ongoing        | O&M Log     |
| fertilize and thin trees and shrub    |                |             |
| plantings as needed.                  |                |             |
+---------------------------------------+----------------+-------------+
| 3\. Establish and maintain annual and | Annually       | O&M Log     |
| seasonal food plots.                  |                |             |
+---------------------------------------+----------------+-------------+
| 4\. Harvest grass and alfalfa hay.    | Annually       | Hay sales   |
|                                       |                | receipts    |
+---------------------------------------+----------------+-------------+
| **Task 6---Fence Maintenance**        |                |             |
+---------------------------------------+----------------+-------------+
| 1\. Monitor all boundary and interior | Annually       | O&M Log     |
| fences and repair as needed.          |                |             |
+---------------------------------------+----------------+-------------+
| **Task 7: Signage**                   |                |             |
+---------------------------------------+----------------+-------------+
| 1\. Monitor, replace, repair and      | Ongoing        | O&M Log     |
| update all boundary, interior and     |                |             |
| informational signs.                  |                |             |
+---------------------------------------+----------------+-------------+
|                                       |                |             |
+---------------------------------------+----------------+-------------+
| **Task Description**                  | **Timeframe**  | **De        |
|                                       |                | liverable** |
+---------------------------------------+----------------+-------------+
| **Task 8: Wildlife Management**       |                |             |
+---------------------------------------+----------------+-------------+
| 1\. Monitors wildlife use and         | Ongoing        | Annual      |
| movement including number and habitat |                | Report      |
| use for each property. Coordinates    |                |             |
| surveys with Reclamation, CDOW and    |                |             |
| other agencies and groups.            |                |             |
+---------------------------------------+----------------+-------------+
| **Task 9: Property Management**       |                |             |
+---------------------------------------+----------------+-------------+
| 1\. Maintains information contacts    | Ongoing        | O&M Log     |
| with property neighbors, public, fire |                |             |
| and law enforcement, and other        |                | Annual      |
| partnering agencies.                  |                | Report      |
+---------------------------------------+----------------+-------------+
| 2\. Monitor and control public use.   | Ongoing        | O&M Log     |
|                                       |                |             |
|                                       |                | Annual      |
|                                       |                | Report      |
+---------------------------------------+----------------+-------------+
| 3\. Implement approved fire plan and  | Ongoing        | Fire Plan   |
| maintain fire breaks, emergency       |                | Updates     |
| access, and escape routes.            |                |             |
+---------------------------------------+----------------+-------------+
| **Task 10: Facilities Management**    |                |             |
+---------------------------------------+----------------+-------------+
| 1\. Maintain office, shop and         | Ongoing        | O&M Log     |
| residence.                            |                |             |
|                                       |                | Annual      |
|                                       |                | Report      |
+---------------------------------------+----------------+-------------+
| 2\. Pay all utilities for the         | Monthly        | Quarterly   |
| properties from the annual operating  |                | Report      |
| budget including office, shop and     |                |             |
| irrigation pump electricity, water,   |                | Annual      |
| sewer, and trash disposal.            |                | Report      |
+---------------------------------------+----------------+-------------+
| **Task 11: Equipment Management**     |                |             |
+---------------------------------------+----------------+-------------+
| 1\. Maintain and service all          | Ongoing        | O&M Log     |
| equipment including but not limited   |                |             |
| to vehicles, tractors, farm           |                |             |
| implements, etc.                      |                |             |
+---------------------------------------+----------------+-------------+
| 2\. Control and perform annual        | Ongoing,       | Annual      |
| inventories of equipment and supplies |                | Equipment   |
| furnished or purchase under the       | January 30     | and Supply  |
| contract.                             |                | Inventory   |
+---------------------------------------+----------------+-------------+

**Table 1-Deliverables (Cont.)**

[Section D -- Packaging and Marking]{.smallcaps}

There are no clauses included in this section.

[]{#toc_c .anchor}[Section E -- Inspection And Acceptance]{.smallcaps}

  ------------- ----------- -----------------------------------------------------
  []{#_toc_E1   52.252-02   [Clauses Incorporated By Reference]{.smallcaps}
  .anchor}E.1               

  ------------- ----------- -----------------------------------------------------

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

http://www.arnet.gov/far

http://www.usbr.gov/mso/aamd/et.html

http://www.doi.gov/pam/aindex.html

  ----------------- ---------------------------------------- -------------
  **Clause**        **Title**                                **Date**

  52.246-04         Inspection Of Services- Fixed Price      August 1996
  ----------------- ---------------------------------------- -------------

[]{#toc_f .anchor}[SECTION F -- Deliveries or Performance]{.smallcaps}

  ------------- ----------- -----------------------------------------------------
  []{#_toc_F1   52.252-02   [Clauses Incorporated By Reference]{.smallcaps}
  .anchor}F.1               

  ------------- ----------- -----------------------------------------------------

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

http://www.arnet.gov/far

http://www.usbr.gov/mso/aamd/et.html

http://www.doi.gov/pam/aindex.html

  ----------------- ---------------------------------------- -------------
  **Clause**        **Title**                                **Date**

  52.242-15         Stop-Work Order                          August 1989

  52.242-17         Government Delay Of Work                 April 1984
  ----------------- ---------------------------------------- -------------

  ------------- ------------- --------------------------------------- -------------------
  []{#_toc_F3   WBR           [Distribution Of Summary Subcontracting [June
  .anchor}F.2   1452.219-80   Reports \-- Bureau of                   2002]{.smallcaps}
                              Reclamation]{.smallcaps}                

  ------------- ------------- --------------------------------------- -------------------

\(a\) The original of each Standard Form 295, Summary Subcontracting
Report, shall be sent to the Director, Office of Small and Disadvantaged
Business Utilization, Department of the interior, 1849 C Street NW,
Washington DC 20240-0001.

\(b\) One copy of each report shall be furnished to the Business and
Economic Development Program Manager, Acquisition and Assistance
Management Division, Reclamation Service Center, PO Box 25007, D-7800,
Denver, CO 80225-0007.

\(c\) One copy of each report shall be furnished to the contracting
officer.

\(d\) One copy of each report shall be furnished to the Small Business
Administration (SBA) cognizant Commercial Market Representative (CMR) at
the address provided by SBA. This address may be obtained by calling SBA
Headquarters at (202)205-6475.

[]{#toc_h .anchor}[SECTION H -- Special Contract
Requirements]{.smallcaps}

  ------------- ---------- -------------------------------------- -------------------
  []{#_toc_H1   ET00-07    [Non Discrimination Notice to U.S.     [December
  .anchor}H.1              Department of the Interior             1999]{.smallcaps}
                           Contractors, Subcontractors, and       
                           Lessors]{.smallcaps}                   

  ------------- ---------- -------------------------------------- -------------------

Based upon law, Executive Order, or internal policy, the Department of
the Interior prohibits discrimination in the workplace, including sexual
harassment, based on race, color, national origin, sex, religion,
disability, age, or sexual orientation. The Department urges its
contractors, subcontractors, and lessors to develop and enforce
comprehensive anti discrimination policies for their places of work.

[]{#toc_i .anchor}[SECTION I -- Contract Clauses]{.smallcaps}

  ------------- ----------- -----------------------------------------------------
  []{#_toc_I1   52.252-02   Clauses Incorporated By Reference
  .anchor}I.1               

  ------------- ----------- -----------------------------------------------------

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

http://www.arnet.gov/far

http://www.usbr.gov/mso/aamd/et.html

http://www.doi.gov/pam/aindex.html

  ----------------- ---------------------------------------- -------------
  **Clause**        **Title**                                **Date**

  52.202-01         Definitions                              July 2004

  52.203-03         Gratuities                               April 1984

  52.203-05         Covenant Against Contingent Fees         April 1984

  52.203-06         Restrictions On Subcontractor Sales To   September
                    The Government                           2006

  52.203-07         Anti-Kickback Procedures                 July 1995

  52.203-08         Cancellation, Rescission, and Recovery   January 1997
                    of Funds for Illegal or Improper         
                    Activity                                 

  52.203-10         Price Or Fee Adjustment For Illegal Or   January 1997
                    Improper Activity                        

  52.203-12         Limitation On Payments To Influence      September
                    Certain Federal Transactions             2007

  52.204-04         Printed or Copied Double-Sided on        August 2000
                    Recycled Paper.                          

  52.209-06         Protecting the Government\'s Interest    September
                    When Subcontracting With Contractors     2006
                    Debarred, Suspended, or Proposed for     
                    Debarment                                

  52.215-08         Order of Precedence\--Uniform Contract   October 1997
                    Format                                   

  52.219-04         Notice of Price Evaluation Preference    July 2005
                    for HUBZone Small Business Concerns      

  52.219-08         Utilization of Small Business Concerns   May 2004

  52.219-14         Limitations On Subcontracting            December 1996

  52.222-03         Convict Labor                            June 2003

  52.222-04         Contract Work Hours and Safety Standards July 2005
                    Act - Overtime Compensation              

  52.222-21         Prohibition of Segregated Facilities     February 1999

  52.222-26         Equal Opportunity                        March 2007

  52.222-35         Equal Opportunity for Special Disabled   September
                    Veterans, Veterans of the Vietnam Era,   2006
                    and Other Eligible Veterans              

  52.222-37         Employment Reports on Special Disabled   December 2001
                    Veterans, Veterans of the Vietnam Era,   
                    and Other Eligible Veterans              

  52.222-41         Service Contract Act Of 1965, As Amended November 2007

  52.222-43         Fair Labor Standards Act And Service     November 2006
                    Contract Act - Price Adjustment          
                    (Multiple Year And Option Contracts)     

  52.222-50         Combating Trafficking in Persons         August 2007

  52.223-05         Pollution Prevention and Right-to-Know   August 2003
                    Information                              

  52.223-06         Drug Free Workplace                      May 2001

  52.223-14         Toxic Chemical Release Reporting         August 2003

  52.227-01         Authorization and Consent                December 2007

  52.227-02         Notice And Assistance Regarding Patent   December 2007
                    And Copy Infringement                    

  52.228-05         Insurance - Work On A Government         January 1997
                    Installation                             

  52.229-03         Federal, State And Local Taxes           April 2003

  52.230-03         Disclosure And Consistency Of Cost       April 1998
                    Accounting Practices                     

  52.230-06         Administration of Cost Accounting        March 2008
                    Stanrdards                               

  52.232-01         Payments                                 April 1984

  52.232-08         Discounts For Prompt Payment             February 2002

  52.232-09         Limitation On Withdrawing Of Payment     April 1984

  52.232-11         Extras                                   April 1984

  52.232-17         Interest                                 June 1996

  52.232-18         Availability Of Funds                    April 1984

  52.232-23         Assignment Of Claims                     January 1986

  52.232-25         Prompt Payment                           October 2003

  52.232-33         Payment by Electronic Funds              October 2003
                    Transfer\--Central Contractor            
                    Registration                             

  52.233-01         Disputes                                 July 2002

  52.233-03         Protest After Award                      August 1996

  52.237-02         Protection Of Government Buildings,      April 1984
                    Equipment, And Vegetation                

  52.242-13         Bankruptcy                               July 1995

  52.244-05         Competition In Subcontracting            December 1996

  52.244-06         Subcontracts for Commercial Items        March 2007

  52.246-25         Limitation Of Liability\--Services       February 1997

  52.248-01         Value Engineering                        February 2000

  52.249-02         Termination For Convenience Of The       May 2004
                    Government (Fixed-Price)                 

  52.249-08         Default (Fixed-Price Supply and Service) April 1984

  52.253-01         Computer Generated Forms                 January 1991
  ----------------- ---------------------------------------- -------------

  ------------- ------------- -------------------------------------- -------------------
  []{#_toc_I2   1452.215-70   [Examination Of Records By The         [April
  .anchor}I.2                 Department Of The                      1984]{.smallcaps}
                              Interior]{.smallcaps}                  

  ------------- ------------- -------------------------------------- -------------------

For purposes of the Examination of Records by the Comptroller General
clause of this contract (FAR 52.215the Secretary of the Interior, the
Inspector General, and their duly authorized representative(s) from the
Department of the Interior shall have the same access and examination
rights as the Comptroller General of the United States.

(End of clause)

  ------------- ------------- -------------------------------------- -------------------
  []{#_toc_I3   1452.228-70   [Liability Insurance \-- Department of [July
  .anchor}I.3                 the Interior]{.smallcaps}              1996]{.smallcaps}

  ------------- ------------- -------------------------------------- -------------------

\(a\) 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:

  ----------------------------- -----------------------------------------
  \$200,000.00                  Each person

  \$500,000.00                  Each occurrence

  \$20,000.00                   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.

\[End of clause\]

  ------------- ----------- --------------------------------------- -------------------
  []{#_toc_I4   52.203-13   [Contractor Code of Business Ethics and [December
  .anchor}I.4               Conduct]{.smallcaps}                    2007]{.smallcaps}

  ------------- ----------- --------------------------------------- -------------------

\(a\) Definition.

"United States," as used in this clause, means the 50 States, the
District of Columbia, and outlying areas.

\(b\) Code of business ethics and conduct.

\(1\) Within 30 days after contract award, unless the Contracting
Officer establishes a longer time period, the Contractor shall-

\(i\) Have a written code of business ethics and conduct; and

\(ii\) Provide a copy of the code to each employee engaged in
performance of the contract.

\(2\) The Contractor shall promote compliance with its code of business
ethics and conduct.

\(c\) Awareness program and internal control system for other than small
businesses. This paragraph (c) does not apply if the Contractor has
represented itself as a small business concern pursuant to the award of
this contract. The Contractor shall establish within 90 days after
contract award, unless the Contracting Officer establishes a longer time
period-

\(1\) An ongoing business ethics and business conduct awareness program;
and

\(2\) An internal control system.

\(i\) The Contractor\'s internal control system shall-

\(A\) Facilitate timely discovery of improper conduct in connection with
Government contracts; and

\(B\) Ensure corrective measures are promptly instituted and carried
out.

\(ii\) For example, the Contractor\'s internal control system should
provide for-

\(A\) Periodic reviews of company business practices, procedures,
policies, and internal controls for compliance with the Contractor\'s
code of business ethics and conduct and the special requirements of
Government contracting;

\(B\) An internal reporting mechanism, such as a hotline, by which
employees may report suspected instances of improper conduct, and
instructions that encourage employees to make such reports;

\(C\) Internal and/or external audits, as appropriate; and

\(D\) Disciplinary action for improper conduct.

\(d\) Subcontracts. The Contractor shall include the substance of this
clause, including this paragraph (d), in subcontracts that have a value
in excess of \$5,000,000 and a performance period of more than 120 days,
except when the subcontract-

\(1\) Is for the acquisition of a commercial item; or

\(2\) Is performed entirely outside the United States.

(End of clause)

  ------------- ----------- -------------------------------------- -------------------
  []{#_toc_I5   52.203-14   [Display of Hotline                    [December
  .anchor}I.5               Poster(s)]{.smallcaps}                 2007]{.smallcaps}

  ------------- ----------- -------------------------------------- -------------------

\(a\) Definition.

"United States," as used in this clause, means the 50 States, the
District of Columbia, and outlying areas.

\(b\) Display of fraud hotline poster(s). Except as provided in
paragraph (c)-

> \(1\) During contract performance in the United States, the Contractor
> shall prominently display in common work areas within business
> segments performing work under this contract and at contract work
> sites-
>
> \(i\) Any agency fraud hotline poster or Department of Homeland
> Security (DHS) fraud hotline poster identified in paragraph (b)(3) of
> this clause; and
>
> \(ii\) Any DHS fraud hotline poster subsequently identified by the
> Contracting Officer.
>
> \(2\) Additionally, if the Contractor maintains a company website as a
> method of providing information to employees, the Contractor shall
> display an electronic version of the poster(s) at the website.
>
> \(3\) Any required posters may be obtained as follows:

Downloadable hotline posters as well as instructions for obtaining a
hard copy poster are available at:

<http://www.doioig.gov/hotline>

> \(ii\) The website(s) or other contact information for obtaining the
> poster(s).)

\(c\) If the Contractor has implemented a business ethics and conduct
awareness program, including a reporting mechanism, such as a hotline
poster, then the Contractor need not display any agency fraud hotline
posters as required in paragraph (b) of this clause, other than any
required DHS posters.

\(d\) Subcontracts. The Contractor shall include the substance of this
clause, including this paragraph (d), in all subcontracts that exceed
\$5,000,000, except when the subcontract-

> \(1\) Is for the acquisition of a commercial item; or
>
> \(2\) Is performed entirely outside the United States.

(End of clause)

  ------------- ----------- -------------------------------------- -------------------
  []{#_toc_I6   52.204-07   [Central Contractor                    [April
  .anchor}I.6               Registration]{.smallcaps}              2008]{.smallcaps}

  ------------- ----------- -------------------------------------- -------------------

\(a\) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the primary
Government repository for Contractor information required for the
conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number
assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business
entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS
number assigned by D&B plus a 4-character suffix that may be assigned by
a business concern. (D&B has no affiliation with this 4-character
suffix.) This 4-character suffix may be assigned at the discretion of
the business concern to establish additional CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts (see the FAR at
Subpart 32.11) for the same parent concern.

"Registered in the CCR database" means that-

\(1\) The Contractor has entered all mandatory information, including
the DUNS number or the DUNS+4 number, into the CCR database; and

\(2\) The Government has validated all mandatory data fields, to include
validation of the Taxpayer Identification Number (TIN) with the Internal
Revenue Service (IRS), and has marked the record "Active". The
Contractor will be required to provide consent for TIN validation to the
Government as part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the
requirement that a prospective awardee shall be registered in the CCR
database prior to award, during performance, and through final payment
of any contract, basic agreement, basic ordering agreement, or blanket
purchasing agreement resulting from this solicitation.

\(2\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed
by the DUNS or DUNS +4 number that identifies the offeror\'s name and
address exactly as stated in the offer. The DUNS number will be used by
the Contracting Officer to verify that the offeror is registered in the
CCR database.

\(c\) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one.

\(1\) An offeror may obtain a DUNS number-

\(i\) Via the internet at http://fedgov.dnb.com/webform or if the
offeror does not have internet acccess, it may call Dun and Bradstreet
at 1-866-705-5711 if located within the United States; or

\(ii\) If located outside the United States, by contacting the local Dun
and Bradstreet office. The offeror should indicate that it is an offeror
for a U.S. Government contract when contacting the local Dun and
Bradstreet office.

\(2\) The offeror should be prepared to provide the following
information:

\(i\) Company legal business.

\(ii\) Tradestyle, doing business, or other name by which your entity is
commonly recognized.

\(iii\) Company Physical Street Address, City, State, and Zip Code.

\(iv\) Company Mailing Address, City, State and Zip Code (if separate
from physical).

\(v\) Company Telephone Number.

\(vi\) Date the company was started.

\(vii\) Number of employees at your location.

\(viii\) Chief executive officer/key manager.

\(ix\) Line of business (industry).

\(x\) Company Headquarters name and address (reporting relationship
within your entity).

\(d\) If the Offeror does not become registered in the CCR database in
the time prescribed by the Contracting Officer, the Contracting Officer
will proceed to award to the next otherwise successful registered
Offeror.

\(e\) Processing time, which normally takes 48 hours, should be taken
into consideration when registering. Offerors who are not registered
should consider applying for registration immediately upon receipt of
this solicitation.

\(f\) The Contractor is responsible for the accuracy and completeness of
the data within the CCR database, and for any liability resulting from
the Government\'s reliance on inaccurate or incomplete data. To remain
registered in the CCR database 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
the CCR database to ensure it is current, accurate and complete.
Updating information in the CCR does not alter the terms and conditions
of this contract and is not a substitute for a properly executed
contractual document.

\(g\) (1) (i) If a Contractor has legally changed its business name,
"doing business as" name, or division 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 the CCR database; (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 must provide with the notification sufficient documentation
to support the legally changed name.

\(ii\) If the Contractor fails to comply with the requirements of
paragraph (g)(1)(i) of this clause, or fails to perform the agreement at
paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly
executed novation or change-of-name agreement, the CCR 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 the CCR 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 CCR database. Information provided to the
Contractor\'s CCR 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.

\(h\) Offerors and Contractors may obtain information on registration
and annual confirmation requirements via the internet at
http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of clause)

  ------------- ----------- -------------------------------------- -------------------
  []{#_toc_I7   52.204-09   [Personal Identity Verification of     [September
  .anchor}I.7               Contractor Personnel]{.smallcaps}      2007]{.smallcaps}

  ------------- ----------- -------------------------------------- -------------------

\(a\) The Contractor shall comply with agency personal identity
verification procedures identified in the contract that implement
Homeland Security Presidential Directive-12 (HSPD-12), Office of
Management and Budget (OMB) guidance M-05-24, and Federal Information
Processing Standards Publication (FIPS PUB) Number 201.

\(b\) The Contractor shall insert this clause in all subcontracts when
the subcontractor is required to have routine physical access to a
federally-controlled facility and/or access to a Federally-controlled
information system.

(End of Clause)

  ------------- ----------- -------------------------------------- -------------------
  []{#_toc_I8   52.204-10   [Reporting Subcontract                 [September
  .anchor}I.8               Awards]{.smallcaps}                    2007]{.smallcaps}

  ------------- ----------- -------------------------------------- -------------------

\(a\) Definition. Subcontract, as used in this clause, means any
contract as defined in FAR Subpart 2.1 entered into by the Contractor to
furnish supplies or services for performance of this contract. It
includes, but is not limited to, purchase orders and changes and
modifications to purchase orders, but does not include contracts that
provide supplies or services benefiting two or more contracts.

\(b\) Section 2(d) of the Federal Funding Accountability and
Transparency Act of 2006 (Pub. L. No. 109-282) requires establishment of
a pilot program for a single searchable website, available to the public
at no charge that includes information on Federal subcontracts.

\(c\) Within thirty days after the end of March, June, September, and
December of each year through 2008, the Contractor shall report the
following information at 222.esrs.gov for each subcontract award with a
value greater than \$1 million made during that quarter. (The Contractor
shall follow the instructions at www.esrs.gov to report the data.)

\(1\) Name of the subcontractor

\(2\) Amount of the award

\(3\) Date of award

\(4\) The applicable North American Industry Classification System code

\(5\) Funding agency or agencies

\(6\) Award title descriptive of the purpose of the action

\(7\) Contract number

\(8\) Subcontractor location including address

\(9\) Subcontract primary performance location including address

\(10\) Unique identifier for the subcontractor

(End of Clause)

  ------------- ----------- ------------------------------------------ -------------------
  []{#_toc_I9   52.215-02   [Audit and                                 [June
  .anchor}I.9               Records\--Negotiation]{.smallcaps}         1999]{.smallcaps}

  ------------- ----------- ------------------------------------------ -------------------

\(a\) As used in this clause, "records" includes books, documents,
accounting procedures and practices, and other data, regardless of type
and regardless of whether such items are in written form, in the form of
computer data, or in any other form.

\(b\) Examination of costs. If this is a cost-reimbursement, incentive,
time-and-materials, labor-hour, or price redeterminable contract, or any
combination of these, the Contractor shall maintain and the Contracting
Officer, or an authorized representative of the Contracting Officer,
shall have the right to examine and audit all records and other evidence
sufficient to reflect properly all costs claimed to have been incurred
or anticipated to be incurred directly or indirectly in performance of
this contract. This right of examination shall include inspection at all
reasonable times of the Contractor\'s plants, or parts of them, engaged
in performing the contract.

\(c\) Cost or pricing data. If the Contractor has been required to
submit cost or pricing data in connection with any pricing action
relating to this contract, the Contracting Officer, or an authorized
representative of the Contracting Officer, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data, shall
have the right to examine and audit all of the Contractor\'s records,
including computations and projections, related to\--

\(1\) The proposal for the contract, subcontract, or modification;

\(2\) The discussions conducted on the proposal(s), including those
related to negotiating;

\(3\) Pricing of the contract, subcontract, or modification; or

\(4\) Performance of the contract, subcontract or modification.

\(d\) Comptroller General\--(1) The Comptroller General of the United
States, or an authorized representative, shall have access to and the
right to examine any of the Contractor\'s directly pertinent records
involving transactions related to this contract or a subcontract
hereunder.

\(2\) This paragraph may not be construed to require the Contractor or
subcontractor to create or maintain any record that the Contractor or
subcontractor does not maintain in the ordinary course of business or
pursuant to a provision of law.

\(e\) Reports. If the Contractor is required to furnish cost, funding,
or performance reports, the Contracting Officer or an authorized
representative of the Contracting Officer shall have the right to
examine and audit the supporting records and materials, for the purpose
of evaluating

\(1\) The effectiveness of the Contractor\'s policies and procedures to
produce data compatible with the objectives of these reports; and

\(2\) The data reported.

\(f\) Availability. The Contractor shall make available at its office at
all reasonable times the records, materials, and other evidence
described in paragraphs (a), (b), (c), (d), and (e) of this clause, for
examination, audit, or reproduction, until 3 years after final payment
under this contract or for any shorter period specified in Subpart 4.7,
Contractor Records Retention, of the Federal Acquisition Regulation
(FAR), or for any longer period required by statute or by other clauses
of this contract. In addition\--

\(1\) If this contract is completely or partially terminated, the
Contractor shall make available the records relating to the work
terminated until 3 years after any resulting final termination
settlement; and

\(2\) The Contractor shall make available records relating to appeals
under the Disputes clause or to litigation or the settlement of claims
arising under or relating to this contract until such appeals,
litigation, or claims are finally resolved.

\(g\) The Contractor shall insert a clause containing all the terms of
this clause, including this paragraph (g), in all subcontracts under
this contract that exceed the simplified acquisition threshold, and\--

\(1\) That are cost-reimbursement, incentive, time-and-materials,
labor-hour, or price-redeterminable type or any combination of these;

\(2\) For which cost or pricing data are required; or

\(3\) That require the subcontractor to furnish reports as discussed in
paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the
contracting parties and the Contracting Officer under the Government
prime contract.

  -------------- ----------- -------------------------------------- -------------------
  []{#_toc_I10   52.217-08   [Option To Extend                      [November
  .anchor}I.10               Services]{.smallcaps}                  1999]{.smallcaps}

  -------------- ----------- -------------------------------------- -------------------

The Government may require continued performance of any services within
the limits and at the rates specified in the contract. These rates may
be adjusted only as a result of revisions to prevailing labor rates
provided by the Secretary of Labor. The option provision may be
exercised more than once, but the total extension of performance
hereunder shall not exceed 6 months. The Contracting Officer may
exercise the option by written notice to the Contractor within 30 days
of the completion date.

(End of clause)

  -------------- ----------- -------------------------------------- -------------------
  []{#_toc_I11   52.222-36   [Affirmative Action For Workers with   [June
  .anchor}I.11               Disabilities]{.smallcaps}              1998]{.smallcaps}

  -------------- ----------- -------------------------------------- -------------------

\(a\) General. (1) Regarding any position for which the employee or
applicant for employment is qualified, the Contractor shall not
discriminate against any employee or applicant because of physical or
mental disability. The Contractor agrees to take affirmative action to
employ, advance in employment, and otherwise treat qualified individuals
with disabilities without discrimination based upon their physical or
mental disability in all employment practices such as\--

\(i\) Recruitment, advertising, and job application procedures;

\(ii\) Hiring, upgrading, promotion, award of tenure, demotion,
transfer, layoff, termination, right of return from layoff, and
rehiring;

\(iii\) Rates of pay or any other form of compensation and changes in
compensation;

\(iv\) Job assignments, job classifications, organizational structures,
position descriptions, lines of progression, and seniority lists;

\(v\) Leaves of absence, sick leave, or any other leave;

\(vi\) Fringe benefits available by virtue of employment, whether or not
administered by the Contractor;

\(vii\) Selection and financial support for training, including
apprenticeships, professional meetings, conferences, and other related
activities, and selection for leaves of absence to pursue training;

\(viii\) Activities sponsored by the Contractor, including social or
recreational programs; and

\(ix\) Any other term, condition, or privilege of employment.

\(2\) The Contractor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor (Secretary) issued under the
Rehabilitation Act of 1973 (29 U.S.C. 793) (the Act), as amended.

\(b\) Postings. (1) The Contractor agrees to post employment notices
stating\--

\(i\) The Contractor\'s obligation under the law to take affirmative
action to employ and advance in employment qualified individuals with
disabilities; and

\(ii\) The rights of applicants and employees.

\(2\) These notices shall be posted in conspicuous places that are
available to employees and applicants for employment. The Contractor
shall ensure that applicants and employees with disabilities are
informed of the contents of the notice (e.g., the Contractor may have
the notice read to a visually disabled individual, or may lower the
posted notice so that it might be read by a person in a wheelchair). The
notices shall be in a form prescribed by the Deputy Assistant Secretary
for Federal Contract Compliance of the U.S. Department of Labor (Deputy
Assistant Secretary) and shall be provided by or through the Contracting
Officer.

\(3\) The Contractor shall notify each labor union or representative of
workers with which it has a collective bargaining agreement or other
contract understanding, that the Contractor is bound by the terms of
Section 503 of the Act and is committed to take affirmative action to
employ, and advance in employment, qualified individuals with physical
or mental disabilities.

\(c\) Noncompliance. If the Contractor does not comply with the
requirements of this clause, appropriate actions may be taken under the
rules, regulations, and relevant orders of the Secretary issued pursuant
to the Act.

\(d\) Subcontracts. The Contractor shall include the terms of this
clause in every subcontract or purchase order in excess of \$10,000
unless exempted by rules, regulations, or orders of the Secretary. The
Contractor shall act as specified by the Deputy Assistant Secretary to
enforce the terms, including action for noncompliance

  -------------- ----------- --------------------------------------- -------------------
  []{#_toc_I12   52.233-04   [Applicable Law for Breach of Contract  [October
  .anchor}I.12               Claim]{.smallcaps}                      2004]{.smallcaps}

  -------------- ----------- --------------------------------------- -------------------

United States Law will apply to resolve any claim of breach of this
contract.

  -------------- ---------------- ---------------------------------------- -------------------
  []{#_toc_I13   [52.243-01 Alt   [Changes\--Fixed Price Alternate         [April
  .anchor}I.13   I]{.smallcaps}   I]{.smallcaps}                           1984]{.smallcaps}

  -------------- ---------------- ---------------------------------------- -------------------

\(a\) The Contracting Officer may at any time, by written order, and
without notice to the sureties, if any, make changes within the general
scope of this contract in any one or more of the following:

\(1\) Description of services to be performed.

\(2\) Time of performance (i.e., hours of the day, days of the week,
etc.).

\(3\) Place of performance of the services.

\(b\) If any such change causes an increase or decrease in the cost of,
or the time required for, performance of any part of the work under this
contract, whether or not changed by the order, the Contracting Officer
shall make an equitable adjustment in the contract price, the delivery
schedule, or both, and shall modify the contract.

\(c\) The Contractor must assert its right to an adjustment under this
clause within 30 days from the date of receipt of the written order.
However, if the Contracting Officer decides that the facts justify it,
the Contracting Officer may receive and act upon a proposal submitted
before final payment of the contract.

\(d\) If the Contractor\'s proposal includes the cost of property made
obsolete or excess by the change, the Contracting Officer shall have the
right to prescribe the manner of the disposition of the property.

\(e\) Failure to agree to any adjustment shall be a dispute under the
Disputes clause. However, nothing in this clause shall excuse the
Contractor from proceeding with the contract as changed.

  -------------- ----------- -------------------------------------- -------------------
  []{#_toc_I14   52.252-06   [Authorized Deviations In              [April
  .anchor}I.14               Clauses]{.smallcaps}                   1984]{.smallcaps}

  -------------- ----------- -------------------------------------- -------------------

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

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

  -------------- ------------- ------------------------------------- -------------------
  []{#_toc_I15   WBR           [Authorities and Limitations \--      [July
  .anchor}I.15   1452.201-80   Bureau of Reclamation]{.smallcaps}    1993]{.smallcaps}

  -------------- ------------- ------------------------------------- -------------------

\(a\) All work shall be performed under the authority exercised by the
Contracting Officer who has been appointed in accordance with the
requirements of the Department of the Interior Acquisition Regulation
(DIAR) 1401.603 (48 CFR 1401.603).

\(b\) The Contracting Officer may designate other Government employees
to act as authorized representatives in administering this contract in
accordance with the requirements of DIAR 1401.670 (48 CFR 1401.670). Any
designation shall be made to the authorized representative by an
appointment memorandum signed by the Contracting Officer which contains
the scope and limitations of authority delegated for purposes of
administering this contract. A copy of the memorandum, and any revisions
to it, shall be provided to the Contractor which shall acknowledge
receipt.

\(c\) The Contractor shall, without unnecessary delay, comply with any
written or oral direction of the contracting officer or authorized
representative(s) acting within the scope and authority of their
appointment memorandum. Such orders or direction include, but are not
limited to, instructions, interpretations, approvals, or rejections
associated with work under this contract including requirements for
submission of technical data, shop drawings, samples, literature, plans,
or other data required to be approved by the Government under this
contract.

(d)(1) If the Contractor receives direction for work under this contract
(including any written or oral orders it regards as a change order under
the Changes clause of this contract) and it considers such direction to
have been issued without proper authority (including instances where it
believes delegated authority has been exceeded), it shall not proceed
with the direction and shall notify the Contracting Officer within five
(5) working days of receipt of the direction. On the basis of the most
accurate information available to the Contractor, the notice shall
state\--

\(i\) The date, nature, and circumstances of the direction received;

\(ii\) The name, function, and activity of each Government individual
and Contractor official or employee involved in or knowledgeable about
such direction;

\(iii\) The identification of any documents and the substance of any
oral communication involved in such direction;

\(iv\) The contract line items or other contract requirements that may
be affected by the alleged direction including any suspected delays or
disruption of performance; and

\(v\) Any other information considered pertinent.

\(2\) Unless otherwise provided in this contract, the Contractor assumes
all costs, risks, liabilities, and consequences of performing any work
it is directed to perform under this paragraph prior to receipt of the
Contracting Officer\'s determination issued under paragraph (e) of this
clause.

\(e\) The Contracting Officer shall promptly, after receipt of any
notice made under paragraph (d) of this clause, respond to the notice in
writing. The response shall \--

\(1\) Confirm that the direction contained in the Contractor\'s notice
was unauthorized and either authorize it by appropriate contract
modification or countermand it;

\(2\) Deny that the direction contained in the Contractor\'s notice was
outside the scope and limitations of the authority of the authorized
representative who gave the direction and direct the Contractor to
proceed immediately with the direction received or, when necessary,
direct the mode of further performance; or

\(3\) In the event the information contained in the Contractor\'s notice
is inadequate to make a decision under subparagraphs (e)(1) or (2) of
this clause, advise the Contractor what additional information is
required, and establish the date by which it should be furnished and the
date thereafter by which the Government will respond.

\(f\) 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.

(End of clause)

  -------------- ------------- -------------------------------------- -------------------
  []{#_toc_I16   WBR           [Asbestos-Free Warranty \-- Bureau of  [October
  .anchor}I.16   1452.223-80   Reclamation]{.smallcaps}               1992]{.smallcaps}

  -------------- ------------- -------------------------------------- -------------------

\(a\) The Contractor warrants that all items delivered, or work required
by the contract, shall be free of asbestos in any form whatsoever except
for the use of asbestos cement pipe.

\(b\) The Contractor may request the Contracting Officer to approve an
exception to this prohibition when an asbestos-free product is not
available. Such requests shall be fully documented and submitted as soon
as possible after the contractor determines that an asbestos-free
product is not available. Contracting Officer disapproval of a request
for an exception shall be final and not subject to the Disputes clause
of this contract.

(End of clause)

  -------------- ------------- -------------------------------------- -------------------
  []{#_toc_I17   WBR           [Limitation Of Funds (Fixed Price      [December
  .anchor}I.17   1452.232-80   Contract) \-- Bureau of                1994]{.smallcaps}
                               Reclamation]{.smallcaps}               

  -------------- ------------- -------------------------------------- -------------------

\(a\) Pursuant to Section 12 of the Reclamation Project Act of 1939 (43
U.S.C. 388) incremental funding for this contract will be made available
in accordance with this clause.

\(b\) Incremental funding in the amount of 20% is presently available
for payment and allotted under this contract for all line items. This
present funding allotment is contemplated to cover the work to be
performed until the first year of the contract. A schedule for
anticipated future funding allotments is as follows. This information is
for planning purposes only and may not be fully representative of the
funds actually allotted under this contract

  -------------------------------- ---- ----------------------------------
  [[Fiscal                              [[Funding
  Year]{.underline}]{.smallcaps}        Amount]{.underline}]{.smallcaps}

  On award of contract                  20%

  Year 2                                20%

  Year 3                                20%

  Year 4                                20%

  Year 5                                20%
  -------------------------------- ---- ----------------------------------

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

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

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

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

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

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

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

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

(End of clause)

  -------------- ------------- -------------------------------------- -------------------
  []{#_toc_I18   WBR           [Preservation of Cultural Resources -  [February
  .anchor}I.18   1452.236-84   Bureau of Reclamation]{.smallcaps}     2000]{.smallcaps}

  -------------- ------------- -------------------------------------- -------------------

\(a\) General. Federal legislation provides for the protection and
preservation of cultural resources that may be impacted or altered as a
result of any Federal project, activity, or program or federally
licensed or assisted project, activity, or program.

\(b\) Discovery of Resources. Should the Contractor, or any of the
Contractor\'s employees, subcontractors, or parties operating or
associated with the Contractor, in the performance of this contract
discover evidence of possible cultural resources, the Contractor shall
immediately cease work at that location and provide oral notification to
the Contracting Officer, giving location and nature of the findings. The
Contractor shall forward a written report of findings to the Contracting
Officer within 48 hours.

\(i\) If a cultural resource is determined by Reclamation to be a Native
American cultural item, then the Contractor shall cease the activity in
the area of the discovery, make a reasonable effort to protect the items
discovered, and wait for written approval from the Contracting Officer
before resuming activity. This requirement is prescribed under the
Native American Graves Protection and Repatriation Act (NAGPRA). Many
States have "burial laws" that apply to non-Federal and non-Indian
lands; the Contractor is responsible for complying with applicable state
law when operating on non-Federal and non-Indian lands.

\(ii\) If the discovery occurs on tribal lands, the Contractor shall
immediately orally notify the responsible tribal official and the
Contracting Officer and follow with written confirmation within 2 days
to the responsible tribal official and the Contracting Officer. (The
Reclamation office will supply the name and phone number of the tribal
official. This information also can be obtained at
\<http://web.cast.uark.edu/other/nps/nacd\>.)

\(iii\) The Contractor shall exercise care so as not to disturb or
damage any cultural resources discovered during the execution of this
contract, and shall provide such cooperation and assistance as may be
necessary to preserve the findings for removal or other disposition by
Reclamation. The Contractor shall not resume work in the area of a
discovery until written notice to proceed is received from the
Contracting Officer.

\(c\) Destruction of Archaeological Resources. Any person who excavates,
removes, damages, alters or defaces or attempts to excavate, remove,
damage, or otherwise alter or deface any archaeological resource located
on public lands or Indian lands is subject to a maximum of five years in
prison and \$250,000 fine, as prescribed under Sections 6 and 7 of the
Archaeological Resources Protection Act. State law may provide other
penalties on non-Federal lands.

\(d\) Approval of Use Areas and Borrow Sources. If the Contractor
proposes to use a location other than an approved location (approved
locations to be provided by the Contracting Officer), the location(s)
must first be approved for use by the Contracting Officer. When
considering an unapproved use area or borrow source, the Contractor
shall submit a map showing the location to the Contracting Officer at
least 45 calendar days in advance of any proposed use. The Contractor or
his subcontractors shall take no action to use or alter the proposed
location until written approval is provided by the Contracting Officer.

\(e\) Compensation for Delays. Where appropriate by reason of discovery,
the Contracting Officer may order changes in the schedule or work. If
such delays or changes are ordered, any equitable adjustment under the
contract will be provided in accordance with the applicable clauses of
the contract.

\(f\) Subcontractors. The Contractor shall insert this clause in all
subcontracts that involve performance of work on job site terrain.

\(g\) Cost. Except as provided in subsection e above, the cost of
complying with this contract clause shall be included in the prices
offered in the schedule for other items of work.

\(h\) Government Access. The Contractor\'s arrangement with landowners
shall permit the Government or its representatives access to the land to
identify cultural resources and conduct appropriate inspections during
the Contractor\'s use of the area or during material procurement.

\(i\) Definitions.

\(i\) "Cultural items" as defined by NAGPRA include Native American
human remains, funerary objects, sacred objects, and objects of cultural
patrimony.

\(ii\) "Cultural resources" is a broad term that includes prehistoric,
historic, architectural, and traditional cultural properties; specific
items include, but are not limited to, human skeletal remains,
archaeological artifacts, records, and material remains related to such
properties.

\(iii\) "Funerary objects" means Native American items that, as part of
the death rite or ceremony of a culture, are reasonably believed to have
been placed intentionally at the time of death or later with or near
individual human remains.

\(iv\) "Human remains" means the physical remains of the body of a
person.

\(v\) "Native American" means of, or relating to, a tribe, people, or
culture that is indigenous to the United States.

\(vi\) "Sacred objects" means Native American items that are specific
ceremonial objects needed by traditional Native American religious
leaders for the practice of traditional Native American religions by
their present-day adherents. These items are specifically limited to
objects that were devoted to a traditional Native American religious
ceremony or ritual and which have religious significance or function in
the continued observance or renewal of such ceremony.

\(vii\) "Objects of cultural patrimony" means Native American items
having ongoing historical, traditional, or cultural importance central
to the Indian tribe or Native Hawaiian organization itself, rather than
property owned by an individual tribal or organization member. These
objects are of such central importance that they may not be alienated,
appropriated, or conveyed by any individual tribal or organization
member.

  -------------- ------------- -------------------------------------- -------------------
  []{#_toc_I19   WBR           [Security Requirements - Bureau Of     [October
  .anchor}I.19   1452.237-80   Reclamation]{.smallcaps}               2006]{.smallcaps}

  -------------- ------------- -------------------------------------- -------------------

\(a\) 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.

\(c\) Contractor Employee Suitability and Issuance of Government
Identification Cards:

\(1\) Performance of this contract requires Contractor personnel to have
a Federal Government-issued Personal Identification Verification (PIV)
Card before being allowed unsupervised access to a Federally-controlled
facility or information system.

\(2\) At the Government\'s sole discretion, the Government may issue a
temporary identification card or visitor identification badge, in lieu
of a PIV Card, under one of the following conditions:

\(i\) The individual will only be associated with Reclamation for a
period of 180 days or less, will not have access to sensitive
information, and any access to a Controlled Access Area or
Federal-controlled information system will be fully supervised. The 180
calendar day period begins on the first day of the individual\'s
affiliation with Reclamation (in this case, the date that the
individual\'s contract performance begins) and ends exactly 180 days
later, regardless of the number of times the individual actually
accesses a Government facility or information system.

\(ii\) The individual will only have sporadic access to Federal
facilities and information systems, will not have access to sensitive
information, and any access to a Reclamation Controlled Access Area or
Federal-controlled information system will be fully supervised.

\(iii\) The individual will work exclusively outdoors, will not have
access to sensitive information, and any access to a Reclamation
Controlled Access Area or Federal-controlled information system will be
fully supervised.

\(iv\) In paragraphs (i) through (iii), supervised access means the
individual\'s access to, and movement within, a facility is monitored
and controlled sufficiently to prevent access to any unauthorized areas,
equipment, or information; and the individual\'s access to an
information system is monitored and controlled sufficiently to ensure
appropriate use of the system and information, and to prevent access to
any unauthorized systems or information. Supervision must be performed
by an individual with an active Government-issued PIV Card.

\(3\) The Contractor shall furnish to the COR an alphabetical list of
contract personnel, to include subcontractors, who will require access
to a Government facility or information system. The list shall provide
the full name, social security number, date of birth, place of birth,
purpose or job title, and the estimated duration of access. If the
Contractor believes an individual should be issued a temporary
identification card or visitor identification badge in lieu of a PIV
Card based on the conditions in paragraph (4), then the Contractor must
also submit a sufficient written justification as to why the specific
individual or individuals will not need a PIV Card. The Contractor shall
provide this information before the start of contract performance or
before the start of an individual\'s performance when there is a change
or addition of personnel, with sufficient time to ensure that
performance is not delayed by compliance with credentialing processes.

\(4\) Any contract employees that will be issued a temporary
identification card or visitor identification badge, in lieu of a PIV
Card, at the Government\'s sole discretion, will be subject to the
following credentialing procedures: The procedures will be identified if
required by the task order.

\(5\) Any contract employees that will be issued a PIV Card will be
subject to the following credentialing procedures:

\(i\) For Contractor employees needing a PIV Card, as determined by the
Government, the CO or COR will provide the appropriate background
investigation forms to the Contractor, or initiate the electronic
background investigation process, and give the Contractor instructions
for completing the background investigation, fingerprinting, and PIV
Card process. After the background investigation forms are completed,
each Contractor employee shall be required to appear in person before a
Government PIV Registrar to submit the background investigation forms,
have personal identity verification documents verified, have a
photograph taken, and sign the PIV Card Request Form. The Contractor
must make its personnel available at the place and time specified by the
COR in order to initiate this process. The following forms shall be used
to initiate the background investigation and PIV process: OPM Standard
Form 85, 85P, or 86; OF 306; Fingerprint Card FD-258; Fair Credit
Reporting Act Authorization Form; and PIV Card Request Form (paper or
web-based).

\(ii\) The cost of completing and submitting the above forms, including
any charges for obtaining fingerprints, shall be borne by the
Contractor. The cost of the background investigation shall be borne by
Reclamation.

\(iii\) Contractor employees are required to give, and to authorize
others to give, full, frank, and truthful answers to relevant and
material questions needed to reach a suitability determination. Refusal
or failure to furnish or authorize provision of information may
constitute grounds for denial or revocation of credentials. Government
personnel may contact the Contractor personnel being investigated in
person, by telephone, or in writing, and the Contractor agrees to make
them available for such contact.

\(iv\) For each Contractor employee that will be issued a PIV Card, the
Government will conduct a background investigation. The level of
background investigation for each Contractor employee will be determined
by the Government based on the risk and sensitivity levels as described
in Reclamation\'s Personnel Security and Suitability Directives and
Standards," SLE 01-01, which is available at
http://www.usbr.gov/recman/DandS.html#sle. At a minimum, each Contractor
employee that will be issued a PIV Card will receive a National Agency
Check with Written Inquiries (NACI) Background Investigation. The
minimum standards which will be used in suitability determinations are
contained in the DOI Departmental Manual Part 441, Chapter 5, which is
available at http://elips.doi.gov/app_dm/act_getfiles.cfm?relnum=3290.

\(v\) Each Contractor employee in a position designated as higher than
Low Risk Non-Sensitive shall be reinvestigated on a periodic basis as
described in Reclamation\'s Personnel Security and Suitability
Directives and Standards. A reinvestigation may also be initiated when
the Contractor or the Government believes that a particular
individual\'s continued ability to meet the contract\'s minimum
standards is in question.

\(vi\) If a Contractor employee has worked under a Federal agency
contract within the past two years, and that contract required a
successfully-adjudicated background investigation at the same risk level
as (or higher than) this contract, further investigation may not be
necessary. The Contractor shall provide the COR with documentation that
supports the individual\'s previous contract work and any information,
including name and social security number, date of birth, and place of
birth, needed for Government verification of previous background
investigation.

\(vii\) If the final adjudication is unfavorable on a Contractor
employee, or if Reclamation finds a Contractor employee to be unsuitable
or unfit for his or her assigned duties, the 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. In the
event of a disagreement between the Contractor and the Government
concerning the suitability of a particular employee to perform work
under this contract, the Government shall have the right of final
determination. Determinations under this requirement are subject to the
Disputes Clause. Failure of the Contractor to comply with the
requirements of this clause could constitute grounds for termination for
default.

\(viii\) Reclamation will not allow a Contractor employee access to
their investigation files. An individual may request, under the
provisions of the Privacy Act and/or Freedom of Information Act, copies
of their files from the investigative agency (Office of Personnel
Management). Reclamation will not release a copy of any investigative
file, in whole or part, to the Contractor or any Contractor
representative.

\(ix\) Upon completion of a favorably-adjudicated background
investigation, Contractor employees will be issued a Government PIV
Card. When the PIV Card is printed, each Contractor employee shall be
required to appear in person before the Reclamation PIV Card Issuer for
identity verification, to sign the PIV Request Form, and receipt of the
PIV Card.

\(d\) Site Security Requirements

\(1\) General Description. This section provides provisions to ensure
the full security integrity of the facility and personnel working at the
facility. The work of this section may involve interfaces with a number
of Government security personnel, normally coordinated through the
designated COR. The Contractor is responsible for ensuring that
activities are accomplished in a manner that complies fully with
applicable security statutes, regulations, policies, directives, and
standards.

\(2\) Government Security Personnel. When and where applicable, security
personnel may be assigned to control access, secure materials or
activities at the work site, or escort Contractor personnel in CAAs or
other sensitive areas. Personnel may include security managers, security
guards, security contractors acting as agents of the Government, law
enforcement personnel, or others. These individuals may be used to
ensure the overall security and integrity of the site or building and
may provide controlled access to designated CAAs. These individuals may
conduct inspection of all workers, vehicles, equipment, or materials
entering, or re-entering the work site. The inspection may be done with
walk-through and/or hand-held metal detectors or by other means as may
be deemed necessary by Reclamation.

\(3\) Contractor Guard Force. At the Contractor\'s sole discretion, and
at the Contractor\'s own expense, with prior written Government
approval, a Contractor may be authorized to hire its own guards to
secure Contractor-owned equipment and/or to protect Contractor employees
or subcontractors. If such a relationship is permitted, the Contractor
shall be exclusively liable for all guard activities to include action
or inaction of Contractor\'s guard personnel. The Government will not
offer nor provide any indemnification. Contractor shall be solely
responsible for guards at all times to include any supervision,
oversight, and for the development of local guard orders and or
procedures. The Contractor shall be responsible for coordinating all
guard activities with the COR and shall develop and submit to the COR,
for advance approval, any guard orders and/or guard procedures.

\(4\) Additional Security-Related Submittals

\(i\) Visitor List. The Contractor shall furnish to the COR, in advance,
notification of visit of any Contractor-sponsored visitor to a
Government-controlled facility. This notification should be in writing
and must include the purpose or nature of the visit, the full name of
the visitor, and the full name and phone number of the designated
sponsor who will be physically responsible for escorting the visitor for
the duration of the scheduled visit.

\(ii\) Delivery Schedule. The Contractor shall furnish to the COR, in
advance, a schedule for all deliveries. This list shall include
estimated delivery date, time, nature of the materials being delivered,
and - where available - the name of delivery company and type of
vehicle.

\(iii\) Explosive Security Plan. The Contractor shall furnish to the COR
for approval, in advance, an explosive security plan at any work site
where explosives will be stored or used.

\(5\) General Provisions.

\(i\) General. The Contractor shall comply with the Government\'s site
security procedures as specified, and as requested subsequent to award
of Contract. Failure of the Contractor to comply with required access
controls, information handling procedures, or any other security
controls or procedures, may result in revocation of Contractor personnel
access to the work site. The Government reserves the right to modify or
clarify security provisions of this contract based on changing political
and civil circumstances, and perceived threats to personnel or the
facility.

\(ii\) Security Facilities and Equipment. The Contractor shall use
security facilities and equipment only for the purposes intended and as
directed by the COR. The Contractor shall comply with the Government\'s
instructions for use of secure storage areas, site enclosure and gates,
temporary security lighting, building space enclosure, and lockup
devices and systems established for detection, monitoring, signaling,
and alarming field office facilities. Measures necessary to secure the
integrity of materials, equipment, and tools installed or used in
furtherance of this contract shall be at no cost to the Government.

\(iii\) Security Personnel Availability/Work Schedules. The Contractor
shall notify the COR at least 24 hours in advance of any projected work
which might impact on security or require the scheduling of extended
security personnel support. The Contractor shall provide a weekly work
schedule which may have security implications, such as anticipated
delivery of materials, use of explosives or heavy machinery, and extra
time needed for continuous or inherently lengthy construction or project
specific operations (such as concrete placement).

\(iv\) Deliveries. The Contractor shall provide at least one day\'s
advance notice of major deliveries, including time of arrival and
truucks/carriers/documentation to be expected for arrival at work site.
The Contractor shall provide reasonable advanced notice of deliveries
which must be accommodated/accepted at times other than the
Government\'s established working hours. Failure to provide adequate
advanced notice may result in delivery delays at the Contractor\'s
expense.

\(v\) Site Access. All Contractor personnel will be issued appropriate
identification and must comply with all local access control procedures.
The Government reserves the exclusive right to refuse or disallow any
vehicular or pedestrian access to any Government-controlled facility or
for any deliveries to the work site, regardless if access was scheduled
or unscheduled.

\(vi\) Inspections and Searches. The Government reserves unqualified and
unlimited right at any time to conduct security-related inspections or
searches of work, material, equipment, personnel, and temporary
facilities at the work site. The Contractor shall afford unrestricted
access to work and allow surveillance and inspection by any Government
personnel as authorized by the COR. The Government reserves the right to
conduct searches of articles and personal effects of all Contractor
personnel, both at point of entry and exit from the work site or
Government facility. All Contractor personnel entering and leaving the
work site may be required to pass through a Walk-Through-Metal-Detector
device and/or other detection devices.

\(vii\) After Duty Hours. No Contractor personnel shall be permitted
access to the work site after the Government\'s established working
hours without prior authorization from the Government. All personnel
seeking access to the site after the Government\'s established working
hours may be required to sign in and out in a visitor\'s log that may be
maintained by the on duty security personnel (if any).

\(viii\) Access Procedures at CAAs. In some instances, the Contractor
may be required to erect temporary security barriers and doors to
isolate a CAA, as instructed by the Government. The Contractor may be
required to install locks and thereafter control access. The Contractor
shall comply with the Government\'s requirement for limited and escorted
access to a CAA. The Contractor shall notify the COR at least one day
prior to each requested access to a CAA that is outside of the
Government\'s established working hours.

\(ix\) Reported Violations. Where an indication, report, or observation
of unauthorized access or performance of unauthorized work has occurred,
the Government reserves the right to stop work and deny access until the
circumstance and work can be investigated, inspected, tested, and
resolved. The entire cost of such stoppages and resolutions shall be
borne by Contractor, except when alleged violations of established
security requirements, after investigation, are found not to be the
fault of the Contractor.

\(x\) Briefings. Contractor personnel who will be assigned to this
project, and who will have access to the work site, may be required to
attend Government-conducted security briefings. The Government reserves
the right to conduct security briefings for Contractor personnel and
visitors at all levels of involvement in performance of work and
maintenance of security. Required briefings may include, but are not
limited to, the following: Information Security, Site Security
Requirements and Procedures, Delivery Methods and Inspections, Storage
Requirements, Reporting Requirements, Supervisory Procedures, Contractor
Employee Conduct, Visitor Control, and Threats.

\(xi\) Key Control. Control of keys/access codes and lock combinations
is essential for the Government\'s project security. The Contractor
shall not allow keys or access codes to be duplicated or removed from
the work site, nor allow lock combinations to be divulged without
specific written advanced authorization from the COR. Such loss of
control, observed or suspected, may result in a requirement to change
locks involved at the Contractor\'s expense. At the direction of the
COR, the Contractor shall provide duplicate keys and lock combinations
to Government security personnel when requested for the purpose of
security inspections and emergency actions, including
keys/combinations/access codes needed for unrestricted access to every
area and element of the project. The Contractor may be required to
establish a key control program that is acceptable to the Government for
Government-issued keys and for heavy machinery parked at the
construction site (if this is a construction contract).

\(xii\) Vehicle Control. In general, parking of vehicles on the work
site shall not be permitted, except for tractors, cranes, and similar
equipment used directly in performance of work, for delivery of
materials/supplies, and for removal of waste and surplus material. The
Government may designate an approved contractor employee parking area.
Upon entering the work site, vehicles and drivers may be subject to
search and inspection. The Contractor shall obtain authorization from
the COR to park the Contractor\'s official vehicles and motorized
vehicular construction equipment that are required/desired to be parked
on the work site. Vehicles in violation may be towed off the work site
at the Contractor\'s expense. Where Government-designated employee
parking is not available, parking of construction employees\'
automobiles and similar transportation vehicles may be excluded from the
work site. It is the Contractor\'s responsibility to arrange for
suitable accommodation for these vehicles.

\(xiii\) Prohibited/Restricted Items. Prohibited/restricted items and
activities on the work site include but are not limited to the
following: firearms and other weapons, except as specifically authorized
by the COR; drugs, including narcotics, barbiturates, marijuana,
alcoholic beverages, and similar substances, except for use with valid
medical prescription; and explosives.

\(xiv\) Exceptions for Explosives. When needed for use in specifically
limited amounts and controlled circumstances for construction work,
explosives may be brought onsite with written prior authorization from
the COR. As a hazardous material, the Contractor shall treat the use of
explosives in accordance with regulations and guidance provided by
Federal, State, and local authorities. The storage of explosives shall
be in accordance with requirements of the Bureau of Alcohol, Tobacco,
and Firearms or the State in which they are stored. If onsite storage of
explosives is necessary, explosives shall be stored at a pre-designated,
secure site approved by the COR. Prior to Government approval of
storage, the Contractor shall develop and submit to the COR a complete
storage/security/retrieval plan for approval. The storage/security plan
can be included in a "Blasting Safety Plan." The plan shall make
accommodations for surveillance, detection, and response. Explosives
firing systems shall be stored off-site and under no circumstances shall
be stored together with explosives.

\(xv\) Photography. The use of photographic equipment and taking of
photographs shall only be allowed as authorized by the COR.

\(e\) Information Technology Security - Basic Security Requirements:

\(1\) The Contractor shall ensure that its employees, in performance of
the contract, receive annual IT security training in Reclamation IT
Security policies, procedures, computer ethics, and best practices in
accordance with Reclamation Directive IRM 08-09, September 21, 2001,
Subject: Reclamation Information Technology (IT) Security Program
(ITSP): IT Security Awareness and Training Requirements. This document
is available, upon request, from the CO. The Contractor may use
web-based training available from Reclamation to meet this requirement.

\(2\) The Contractor shall afford Reclamation, including the Department
of the Interior Office of Inspector General, access to the Contractor\'s
and subcontractors\' facilities, installations, operations,
documentation, databases, and personnel used in performance of the
contract. Access shall be provided to the extent required to carry out a
program of IT inspection, investigation, and audit to safeguard against
threats and hazards to the integrity, availability, and confidentiality
of Reclamation data or to the function of computer systems operated on
behalf of Reclamation, and to preserve evidence of computer crime. If
the Contractor has a question regarding the access rights or identity of
Government employees requesting access to Contractor-operated IT
facilities, it should be referred to the COR for resolution before
access is granted.

\(3\) In addition to the notification requirements (b)(4), the
Contractor shall immediately notify the COR, of all cyber-related
incidents (including the compromise of Contractor- or Government-owned
systems for which the Contractor bears operational or management
responsibility), regardless of location.

(End of clause)

  -------------- ------------- -------------------------------------- -------------------
  []{#_toc_I20   WBR           [Modification Proposals \-- Bureau of  [December
  .anchor}I.20   1452.243-80   Reclamation]{.smallcaps}               2001]{.smallcaps}

  -------------- ------------- -------------------------------------- -------------------

\(a\) In submitting any proposal for a modification under this contract
(including any proposal for an equitable adjustment resulting from a
change under the Changes clause of this contract), the Contractor shall:

\(1\) Comply with the contract time limits for submission of a proposal
or as specified by the Contracting Officer;

\(2\) Apply the contract cost principles and procedures in Part 31 of
the Federal Acquisition Regulation (FAR) in effect on the date of this
contract;

\(3\) Furnish a breakdown of all costs estimated to complete the work
required by the modification (i.e., cost of added work, incurred cost of
deleted work already performed, estimated cost of deleted work not yet
performed, and net cost of the modification) to include all costs
associated with materials (identified by item and quantity), equipment
(identified by item, quantity and whether contractor-owned or rented),
categories of direct labor, bond and insurance premium adjustments,
subcontracts, overhead and other indirect costs, profit/fee, and any
other pricing information requested by the Contracting Officer, in
sufficient detail to permit an analysis of fair and reasonable price;

\(4\) Furnish a written justification for any requested time extensions;
and

\(5\) For any pricing adjustment expected to exceed \$500,000
(considering both increases and decreases) \--

\(i\) Submit cost and pricing data using the format specified in Table
15-2 of FAR 15.408 unless the Contracting Officer agrees that an
exception applies under the circumstances set forth in FAR 15.403-1;

\(ii\) Certify in substantially the format prescribed in FAR 15.406-2
that to the best of its knowledge and belief, the data are accurate,
complete and current as of the date of agreement on the negotiated price
of the modification; and

\(iii\) Comply with the requirements of either the Subcontractor Cost or
Pricing Data clause or the Subcontractor Cost or Pricing Data \--
Modifications clause of this contract when the adjustment includes a
subcontract modification involving a pricing adjustment expected to
exceed 500,000.

\(b\) Under the Changes clause of this contract, failure of the
Contractor to timely assert its right for an adjustment or to submit a
proposal for an adjustment by the date specified in the clause (or
another date specified by the Contracting Officer) may result in a
unilateral adjustment of the contract by the Contracting Officer
pursuant to the Disputes clause of this contract.

(End of clause)

  ------ ----------- -------------------------------------- -------------------
  I.21   52.245-01   [Government Property]{.smallcaps}      [June
                                                            2007]{.smallcaps}

  ------ ----------- -------------------------------------- -------------------

\(a\) *Definitions.* As used in this clause---

"Acquisition cost" means the cost to acquire a tangible capital asset
including the purchase price of the asset and costs necessary to prepare
the asset for use. Costs necessary to prepare the asset for use include
the cost of placing the asset in location and bringing the asset to a
condition necessary for normal or expected use.

"Cannibalize" means to remove serviceable parts from one item of
equipment in order to install them on another item of equipment.

"Contractor-acquired property" means property acquired, fabricated, or
otherwise provided by the Contractor for performing a contract, and to
which the Government has title.

"Contractor inventory" means---

\(1\) Any property acquired by and in the possession of a Contractor or
subcontractor under a contract for which title is vested in the
Government and which exceeds the amounts needed to complete full
performance under the entire contract;

\(2\) Any property that the Government is obligated or has the option to
take over under any type of contract, *e.g.*, as a result either of any
changes in the specifications or plans thereunder or of the termination
of the contract (or subcontract thereunder), before completion of the
work, for the convenience or at the option of the Government; and

\(3\) Government-furnished property that exceeds the amounts needed to
complete full performance under the entire contract.

\(4\) "Contractor's managerial personnel" means the Contractor's
directors, officers, managers, superintendents, or equivalent
representatives who have supervision or direction of---

\(1\) All or substantially all of the Contractor's business;

\(2\) All or substantially all of the Contractor's operation at any one
plant or separate location; or

\(3\) A separate and complete major industrial operation.

"Demilitarization" means rendering a product unusable for, and not
restorable to, the purpose for which it was designed or is customarily
used.

"Discrepancies incident to shipment" means any differences (*e.g.*,
count or condition) between the items documented to have been shipped
and items actually received.

"Equipment" means a tangible asset that is functionally complete for its
intended purpose, durable, nonexpendable, and needed for the performance
of a contract. Equipment is not intended for sale, and does not
ordinarily lose its identity or become a component part of another
article when put into use.

"Government-furnished property" means property in the possession of, or
directly acquired by, the Government and subsequently furnished to the
Contractor for performance of a contract.

"Government property" means all property owned or leased by the
Government. Government property includes both Government-furnished and
Contractor-acquired property.

"Material" means property that may be consumed or expended during the
performance of a contract, component parts of a higher assembly, or
items that lose their individual identity through incorporation into an
end-item. Material does not include equipment, special tooling and
special test equipment.

"Nonseverable" means property that cannot be removed after construction
or installation without substantial loss of value or damage to the
installed property or to the premises where installed.

"Plant equipment" as used in this part, means personal property of a
capital nature (including equipment, machine tools, test equipment,
furniture, vehicles, and accessory and auxiliary items) for use in
manufacturing supplies, in performing services, or for any
administrative or general plant purpose. It does not include special
tooling or special test equipment.

"Precious metals" means silver, gold, platinum, palladium, iridium,
osmium, rhodium, and ruthenium.

"Property" means all tangible property, both real and personal.

"Property Administrator" means an authorized representative of the
Contracting Officer appointed in accordance with agency procedures,
responsible for administering the contract requirements and obligations
relating to Government property in the possession of a Contractor.

"Provide" means to furnish, as in Government-furnished property, or to
acquire, as in contractor-acquired property.

"Real property" means land and rights in land, ground improvements,
utility distribution systems, and buildings and other structures. It
does not include foundations and other work necessary for installing
special tooling, special test equipment, or plant equipment.

"Sensitive property" means property potentially dangerous to the public
safety or security if stolen, lost, or misplaced, or that shall be
subject to exceptional physical security, protection, control, and
accountability. Examples include weapons, ammunition, explosives,
controlled substances, radioactive materials, hazardous materials or
wastes, or precious metals.

"Surplus property" means excess personal property not required by any
Federal agency as determined by the Administrator of the General
Services Administration (GSA).

\(b\) *Property management.*

\(1\) The Contractor shall have a system to manage (control, use,
preserve, protect, repair and maintain) Government property in its
possession. The system shall be adequate to satisfy the requirements of
this clause. In doing so, the Contractor shall initiate and maintain the
processes, systems, procedures, records, and methodologies necessary for
effective control of Government property, consistent with voluntary
consensus standards and/or industry-leading practices and standards for
Government property management except where inconsistent with law or
regulation. During the period of performance, the Contractor shall
disclose any significant changes to their property management system to
the Property Administrator prior to implementation.

\(2\) The Contractor's responsibility extends from the initial
acquisition and receipt of property, through stewardship, custody, and
use until formally relieved of responsibility by authorized means,
including delivery, consumption, expending, disposition, or via a
completed investigation, evaluation, and final determination for lost,
damaged, destroyed, or stolen property. This requirement applies to all
Government property under the Contractor's accountability, stewardship,
possession or control, including its vendors or subcontractors (see
paragraph (f)(1)(v) of this clause).

\(3\) The Contractor shall include the requirements of this clause in
all subcontracts under which Government property is acquired or
furnished for subcontract performance.

\(c\) *Use of Government property*. The Contractor shall use Government
property, either furnished or acquired under this contract, only for
performing this contract, unless otherwise provided for in this contract
or approved by the Contracting Officer. The Contractor shall not modify,
cannibalize, or make alterations to Government property unless this
contract specifically identifies the modifications, alterations or
improvements as work to be performed.

\(d\) *Government-furnished property.*

\(1\) The Government shall deliver to the Contractor the
Government-furnished property described in this contract. The Government
shall furnish related data and information needed for the intended use
of the property. The warranties of suitability of use and timely
delivery of Government-furnished property do not apply to property
acquired or fabricated by the Contractor as contractor-acquired property
and subsequently transferred to another contract with this Contractor.

\(2\) The delivery and/or performance dates specified in this contract
are based upon the expectation that the Government-furnished property
will be suitable for contract performance and will be delivered to the
Contractor by the dates stated in the contract.

\(i\) If the property is not delivered to the Contractor by the dates
stated in the contract, the Contracting Officer shall, upon the
Contractor's timely written request, consider an equitable adjustment to
the contract.

\(ii\) In the event property is received by the Contractor, or for
Government-furnished property after receipt and installation, in a
condition not suitable for its intended use, the Contracting Officer
shall, upon the Contractor's timely written request, advise the
Contractor on a course of action to remedy the problem. Such action may
include repairing, replacing, modifying, returning, or otherwise
disposing of the property at the Government's expense. Upon completion
of the required action(s), the Contracting Officer shall consider an
equitable adjustment to the contract (see also paragraph (f)(1)(ii)(A)
of this clause).

\(iii\) The Government may, at its option, furnish property in an
"as-is" condition. The Contractor will be given the opportunity to
inspect such property prior to the property being provided. In such
cases, the Government makes no warranty with respect to the
serviceability and/or suitability of the property for contract
performance. Any repairs, replacement, and/or refurbishment shall be at
the Contractor's expense.

\(3\)

\(i\) The Contracting Officer may by written notice, at any time---

\(A\) Increase or decrease the amount of Government-furnished property
under this contract;

\(B\) Substitute other Government-furnished property for the property
previously furnished, to be furnished, or to be acquired by the
Contractor for the Government under this contract; or

\(C\) Withdraw authority to use property.

\(ii\) Upon completion of any action(s) under paragraph (d)(3)(i) of
this clause, and the Contractor's timely written request, the
Contracting Officer shall consider an equitable adjustment to the
contract.

\(e\) *Title to Government property.*

\(1\) The Government shall retain title to all Government-furnished
property. Title to Government property shall not be affected by its
incorporation into or attachment to any property not owned by the
Government, nor shall Government property become a fixture or lose its
identity as personal property by being attached to any real property.

\(2\) *Fixed-price contracts.*

\(i\) All Government-furnished property and all property acquired by the
Contractor, title to which vests in the Government under this paragraph
(collectively referred to as "Government property"), are subject to the
provisions of this clause.

\(ii\) Title to each item of equipment, special test equipment and
special tooling acquired by the Contractor for the Government under this
contract shall pass to and vest in the Government when its use in
performing this contract commences or when the Government has paid for
it, whichever is earlier, whether or not title previously vested in the
Government.

\(iii\) If this contract contains a provision directing the Contractor
to purchase material for which the Government will reimburse the
Contractor as a direct item of cost under this contract---

\(A\) Title to material purchased from a vendor shall pass to and vest
in the Government upon the vendor's delivery of such material; and

\(B\) Title to all other material shall pass to and vest in the
Government upon---

\(1\) Issuance of the material for use in contract performance;

\(2\) Commencement of processing of the material or its use in contract
performance; or

\(3\) Reimbursement of the cost of the material by the Government,
whichever occurs first.

\(3\) *Title under Cost-Reimbursement or Time-and-Material Contracts or
Cost-Reimbursable contract line items under Fixed-Price contracts*.

\(i\) Title to all property purchased by the Contractor for which the
Contractor is entitled to be reimbursed as a direct item of cost under
this contract shall pass to and vest in the Government upon the vendor's
delivery of such property.

\(ii\) Title to all other property, the cost of which is reimbursable to
the Contractor, shall pass to and vest in the Government upon---

\(A\) Issuance of the property for use in contract performance;

\(B\) Commencement of processing of the property for use in contract
performance; or

\(C\) Reimbursement of the cost of the property by the Government,
whichever occurs first.

\(iii\) All Government-furnished property and all property acquired by
the Contractor, title to which vests in the Government under this
paragraph (e)(3)(iii) (collectively referred to as "Government
property"), are subject to the provisions of this clause.

\(f\) *Contractor plans and systems*.

\(1\) Contractors shall establish and implement property management
plans, systems, and procedures at the contract, program, site or entity
level to enable the following outcomes:

\(i\) *Acquisition of Property.* The Contractor shall document that all
property was acquired consistent with its engineering, production
planning, and material control operations.

\(ii\) *Receipt of Government Property*. The Contractor shall receive
Government property (document the receipt), record the information
necessary to meet the record requirements of paragraph
(f)(1)(iii)(A)(*1*) through (*5*) of this clause, identify as Government
owned in a manner appropriate to the type of property (*e.g.*, stamp,
tag, mark, or other identification), and manage any discrepancies
incident to shipment.

\(A\) *Government-furnished property*. The Contractor shall furnish a
written statement to the Property Administrator containing all relevant
facts, such as cause or condition and a recommended course(s) of action,
if overages, shortages, or damages and/or other discrepancies are
discovered upon receipt of Government-furnished property.

\(B\) *Contractor-acquired property*. The Contractor shall take all
actions necessary to adjust for overages, shortages, damage and/or other
discrepancies discovered upon receipt, in shipment of
Contractor-acquired property from a vendor or supplier, so as to ensure
the proper allocability and allowability of associated costs.

\(iii\) *Records of Government property*. The Contractor shall create
and maintain records of all Government property accountable to the
contract, including Government-furnished and Contractor-acquired
property.

\(A\) Property records shall enable a complete, current, auditable
record of all transactions and shall, unless otherwise approved by the
Property Administrator, contain the following:

\(1\) The name, part number and description, manufacturer, model number,
and National Stock Number (if needed for additional item identification
tracking and/or disposition).

\(2\) Quantity received (or fabricated), issued, and balance-on-hand.

\(3\) Unit acquisition cost.

\(4\) Unique-item identifier or equivalent (if available and necessary
for individual item tracking).

\(5\) Unit of measure.

\(6\) Accountable contract number or equivalent code designation.

\(7\) Location.

\(8\) Disposition.

\(9\) Posting reference and date of transaction.

\(10\) Date placed in service.

\(B\) *Use of a Receipt and Issue System for Government Material*. When
approved by the Property Administrator, the Contractor may maintain, in
lieu of formal property records, a file of appropriately
cross-referenced documents evidencing receipt, issue, and use of
material that is issued for immediate consumption.

\(iv\) *Physical inventory*. The Contractor shall periodically perform,
record, and disclose physical inventory results. A final physical
inventory shall be performed upon contract completion or termination.
The Property Administrator may waive this final inventory requirement,
depending on the circumstances (*e.g.*, overall reliability of the
Contractor's system or the property is to be transferred to a follow-on
contract).

\(v\) *Subcontractor control*.

\(A\) The Contractor shall award subcontracts that clearly identify
assets to be provided and shall ensure appropriate flow down of contract
terms and conditions (*e.g.*, extent of liability for loss, damage,
destruction or theft of Government property).

\(B\) The Contractor shall assure its subcontracts are properly
administered and reviews are periodically performed to determine the
adequacy of the subcontractor's property management system.

\(vi\) *Reports*. The Contractor shall have a process to create and
provide reports of discrepancies; loss, damage, destruction, or theft;
physical inventory results; audits and self-assessments; corrective
actions; and other property related reports as directed by the
Contracting Officer.

\(A\) Loss, damage, destruction, or theft. Unless otherwise directed by
the Property Administrator, the Contractor shall investigate and
promptly furnish a written narrative of all incidents of loss, damage,
destruction, or theft to the property administrator as soon as the facts
become known or when requested by the Government.

\(B\) Such reports shall, at a minimum, contain the following
information:

\(1\) Date of incident (if known).

\(2\) The name, commercial description, manufacturer, model number, and
National Stock Number (if applicable).

\(3\) Quantity.

\(4\) Unique Item Identifier (if available).

\(5\) Accountable Contract number.

\(6\) A statement indicating current or future need.

\(7\) Acquisition cost, or if applicable, estimated scrap proceeds,
estimated repair or replacement costs.

\(8\) All known interests in commingled property of which the Government
property is a part.

\(9\) Cause and corrective action taken or to be taken to prevent
recurrence.

\(10\) A statement that the Government will receive any reimbursement
covering the loss, damage, destruction, or theft, in the event the
Contractor was or will be reimbursed or compensated.

\(11\) Copies of all supporting documentation.

\(12\) Last known location.

\(13\) A statement that the property did or did not contain sensitive or
hazardous material, and if so, that the appropriate agencies were
notified.

\(vii\) *Relief of stewardship responsibility*. Unless the contract
provides otherwise, the Contractor shall be relieved of stewardship
responsibility for Government property when such property is---

\(A\) Consumed or expended, reasonably and properly, or otherwise
accounted for, in the performance of the contract, including reasonable
inventory adjustments of material as determined by the Property
Administrator; or a Property Administrator granted relief of
responsibility for loss, damage, destruction or theft of Government
property;

\(B\) Delivered or shipped from the Contractor's plant, under Government
instructions, except when shipment is to a subcontractor or other
location of the Contractor; or

\(C\) Disposed of in accordance with paragraphs (j) and (k) of this
clause.

\(viii\) *Utilizing Government property*.

\(A\) The Contractor shall utilize, consume, move, and store Government
Property only as authorized under this contract. The Contractor shall
promptly disclose and report Government property in its possession that
is excess to contract performance.

\(B\) Unless otherwise authorized in this contract or by the Property
Administrator the Contractor shall not commingle Government property
with property not owned by the Government.

\(ix\) *Maintenance*. The Contractor shall properly maintain Government
property. The Contractor's maintenance program shall enable the
identification, disclosure, and performance of normal and routine
preventative maintenance and repair. The Contractor shall disclose and
report to the Property Administrator the need for replacement and/or
capital rehabilitation.

\(x\) *Property closeout*. The Contractor shall promptly perform and
report to the Property Administrator contract property closeout, to
include reporting, investigating and securing closure of all loss,
damage, destruction, or theft cases; physically inventorying all
property upon termination or completion of this contract; and disposing
of items at the time they are determined to be excess to contractual
needs.

\(2\) The Contractor shall establish and maintain Government accounting
source data, as may be required by this contract, particularly in the
areas of recognition of acquisitions and dispositions of material and
equipment.

\(3\) The Contractor shall establish and maintain procedures necessary
to assess its property management system effectiveness, and shall
perform periodic internal reviews and audits. Significant findings
and/or results of such reviews and audits pertaining to Government
property shall be made available to the Property Administrator.

\(g\) Systems analysis.

\(1\) The Government shall have access to the contractor's premises and
all Government property, at reasonable times, for the purposes of
reviewing, inspecting and evaluating the Contractor's property
management plan, systems, procedures, records, and supporting
documentation that pertains to Government property.

\(2\) Records of Government property shall be readily available to
authorized Government personnel and shall be safeguarded from tampering
or destruction.

\(3\) Should it be determined by the Government that the Contractor's
property management practices are inadequate or not acceptable for the
effective management and/or control of Government property under this
contract, and/or present an undue risk to the Government, the Contractor
shall immediately take all necessary corrective actions as directed by
the Property Administrator.

\(4\) The Contractor shall ensure Government access to subcontractor
premises, and all Government property located at subcontractor premises,
for the purposes of reviewing, inspecting and evaluating the
subcontractor's property management plan, systems, procedures, records,
and supporting documentation that pertains to Government property.

\(h\) *Contractor Liability for Government Property.*

\(1\) Unless otherwise provided for in the contract, the Contractor
shall not be liable for loss, damage, destruction, or theft to the
Government property furnished or acquired under this contract, except
when any one of the following applies---

\(i\) The risk is covered by insurance or the Contractor is otherwise
reimbursed (to the extent of such insurance or reimbursement). The
allowability of insurance costs shall be determined in accordance with
[31.205-19](http://www.arnet.gov/far/current/html/Subpart 31_2.html#wp1095915).

\(ii\) The loss, damage, destruction, or theft is the result of willful
misconduct or lack of good faith on the part of the Contractor's
managerial personnel. Contractor's managerial personnel, in this clause,
means the Contractor's directors, officers, managers, superintendents,
or equivalent representatives who have supervision or direction of all
or substantially all of the Contractor's business; all or substantially
all of the Contractor's operation at any one plant or separate location;
or a separate and complete major industrial operation.

\(iii\) The Contracting Officer has, in writing, revoked the
Government's assumption of risk for loss, damage, destruction, or theft,
due to a determination under paragraph (g) of this clause that the
Contractor's property management practices are inadequate, and/or
present an undue risk to the Government, and the Contractor failed to
take timely corrective action. If the Contractor can establish by clear
and convincing evidence that the loss, damage, destruction, or theft of
Government property occurred while the Contractor had adequate property
management practices or the loss, damage, destruction, or theft of
Government property did not result from the Contractor's failure to
maintain adequate property management practices, the Contractor shall
not be held liable.

\(2\) The Contractor shall take all reasonable actions necessary to
protect the Government property from further loss, damage, destruction,
or theft. The Contractor shall separate the damaged and undamaged
Government property, place all the affected Government property in the
best possible order, and take such other action as the Property
Administrator directs.

\(3\) The Contractor shall do nothing to prejudice the Government's
rights to recover against third parties for any loss, damage,
destruction, or theft of Government property.

\(4\) Upon the request of the Contracting Officer, the Contractor shall,
at the Government's expense, furnish to the Government all reasonable
assistance and cooperation, including the prosecution of suit and the
execution of instruments of assignment in favor of the Government in
obtaining recovery.

\(i\) *Equitable adjustment*. Equitable adjustments under this clause
shall be made in accordance with the procedures of the Changes clause.
The right to an equitable adjustment shall be the Contractor's exclusive
remedy and the Government shall not be liable to suit for breach of
contract for the following:

\(1\) Any delay in delivery of Government-furnished property.

\(2\) Delivery of Government-furnished property in a condition not
suitable for its intended use.

\(3\) An increase, decrease, or substitution of Government-furnished
property.

\(4\) Failure to repair or replace Government property for which the
Government is responsible.

\(j\) *Contractor inventory disposal*. Except as otherwise provided for
in this contract, the Contractor shall not dispose of Contractor
inventory until authorized to do so by the Plant Clearance Officer.

\(1\) *Scrap to which the Government has obtained title under paragraph
(e) of this clause*.

\(i\) *Contractor with an approved scrap procedure*.

\(A\) The Contractor may dispose of scrap resulting from production or
testing under this contract without Government approval. However, if the
scrap requires demilitarization or is sensitive property, the Contractor
shall submit the scrap on an inventory disposal schedule.

\(B\) For scrap from other than production or testing the Contractor may
prepare scrap lists in lieu of inventory disposal schedules (provided
such lists are consistent with the approved scrap procedures), except
that inventory disposal schedules shall be submitted for scrap aircraft
or aircraft parts and scrap that---

\(1\) Requires demilitarization;

\(2\) Is a classified item;

\(3\) Is generated from classified items;

\(4\) Contains hazardous materials or hazardous wastes;

\(5\) Contains precious metals; or

\(6\) Is dangerous to the public health, safety, or welfare.

\(ii\) *Contractor without an approved scrap procedure*. The Contractor
shall submit an inventory disposal schedule for all scrap. The
Contractor may not dispose of scrap resulting from production or testing
under this contract without Government approval.

\(2\) Predisposal requirements.

\(i\) Once the Contractor determines that Contractor-acquired property
is no longer needed for contract performance, the Contractor in the
following order of priority---

\(A\) May contact the Contracting Officer if use of the property in the
performance of other Government contracts is practical;

\(B\) May purchase the property at the acquisition cost; or

\(C\) Shall make reasonable efforts to return unused property to the
appropriate supplier at fair market value (less, if applicable, a
reasonable restocking fee that is consistent with the supplier's
customary practices).

\(ii\) The Contractor shall list, on [Standard Form
1428](http://www.arnet.gov/far/current/html/FormsStandard53.html#wp1176977),
Inventory Disposal Schedule, property that was not used in the
performance of other Government contracts under paragraph (j)(2)(i)(A)
of this clause, property that was not purchased under paragraph
(j)(2)(i)(B) of this clause, and property that could not be returned to
a supplier under paragraph (j)(2)(i)(C) of ths clause.

\(3\) *Inventory disposal schedules*.

\(i\) The Contractor shall use [Standard Form
1428](http://www.arnet.gov/far/current/html/FormsStandard53.html#wp1176977),
Inventory Disposal Schedule, to identify---

\(A\) Government-furnished property that is no longer required for
performance of this contract, provided the terms of another Government
contract do not require the Government to furnish that property for
performance of this contract;

\(B\) Contractor-acquired property, to which the Government has obtained
title under paragraph (e) of this clause, which is no longer required
for performance of that contract; and

\(C\) Termination inventory.

\(ii\) The Contractor may annotate inventory disposal schedules to
identify property the Contractor wishes to purchase from the Government.

\(iii\) Unless the Plant Clearance Officer has agreed otherwise, or the
contract requires electronic submission of inventory disposal schedules,
the Contractor shall prepare separate inventory disposal schedules
for---

\(A\) Special test equipment with commercial components;

\(B\) Special test equipment without commercial components;

\(C\) Printing equipment;

\(D\) Information technology (*e.g.*, computers, computer components,
peripheral equipment, and related equipment);

\(E\) Precious metals;

\(F\) Nonnuclear hazardous materials or hazardous wastes; or

\(G\) Nuclear materials or nuclear wastes.

\(iv\) The Contractor shall describe the property in sufficient detail
to permit an understanding of its intended use. Property with the same
description, condition code, and reporting location may be grouped in a
single line item.

\(4\) *Submission requirements*. The Contractor shall submit inventory
disposal schedules to the Plant Clearance Officer no later than---

\(i\) 30-days following the Contractor's determination that a Government
property item is no longer required for performance of this contract;

\(ii\) 60 days, or such longer period as may be approved by the Plant
Clearance Officer, following completion of contract deliveries or
performance; or

\(iii\) 120 days, or such longer period as may be approved by the
Termination Contracting Officer following contract termination in whole
or in part.

\(5\) *Corrections*. The Plant Clearance Officer may---

\(i\) Reject a schedule for cause (*e.g.*, contains errors, determined
to be inaccurate); and

\(ii\) Require the Contractor to correct an inventory disposal schedule.

\(6\) *Postsubmission adjustments*. The Contractor shall notify the
Plant Clearance Officer at least 10 working days in advance of its
intent to remove an item from an approved inventory disposal schedule.
Upon approval of the Plant Clearance Officer, or upon expiration of the
notice period, the Contractor may make the necessary adjustments to the
inventory schedule.

\(7\) *Storage*.

\(i\) The Contractor shall store the property identified on an inventory
disposal schedule pending receipt of disposal instructions. The
Government's failure to furnish disposal instructions within 120 days
following acceptance of an inventory disposal schedule may entitle the
Contractor to an equitable adjustment for costs incurred to store such
property on or after the 121^st^ day.

\(ii\) The Contractor shall obtain the Plant Clearance Officer's
approval to remove Government property from the premises where the
property is currently located prior to receipt of final disposition
instructions. If approval is granted, any costs incurred by the
Contractor to transport or store the property shall not increase the
price or fee of any Government contract. The storage facility shall be
appropriate for assuring the property's physical safety and suitability
for use. Approval does not relieve the Contractor of any liability for
such property under this contract.

\(8\) Disposition instructions.

\(i\) If the Government does not furnish disposition instructions to the
Contractor within 45 days following acceptance of a scrap list, the
Contractor may dispose of the listed scrap in accordance with the
Contractor's approved scrap procedures.

\(ii\) The Contractor shall prepare for shipment, deliver f.o.b. origin,
or dispose of Contractor inventory as directed by the Plant Clearance
Officer. If not returned to the Government, the Contractor shall remove
and destroy any markings identifying the property as U.S.
Government-owned property prior to its disposal.

\(iii\) The Contracting Officer may require the Contractor to
demilitarize the property prior to shipment or disposal. In such cases,
the Contractor may be entitled to an equitable adjustment under
paragraph (i) of this clause.

\(9\) *Disposal proceeds*. As directed by the Contracting Officer, the
Contractor shall credit the net proceeds from the disposal of Contractor
inventory to the contract, or to the Treasury of the United States as
miscellaneous receipts.

\(10\) *Subcontractor inventory disposal schedules*. The Contractor
shall require its Subcontractors to submit inventory disposal schedules
to the Contractor in accordance with the requirements of paragraph
(j)(4) of this clause.

\(k\) *Abandonment of Government property*.

\(1\) The Government shall not abandon sensitive Government property or
termination inventory without the Contractor's written consent.

\(2\) The Government, upon notice to the Contractor, may abandon any
nonsensitive Government property in place, at which time all obligations
of the Government regarding such property shall cease.

\(3\) The Government has no obligation to restore or rehabilitate the
Contractor's premises under any circumstances; however, if
Government-furnished property is withdrawn or is unsuitable for the
intended use, or if other Government property is substituted, then the
equitable adjustment under paragraph (i) of this clause may properly
include restoration or rehabilitation costs.

\(l\) *Communication*. All communications under this clause shall be in
writing.

\(m\) *Contracts outside the United States*. If this contract is to be
performed outside of the United States and its outlying areas, the words
"Government" and "Government-furnished" (wherever they appear in this
clause) shall be construed as "United States Government" and "United
States Government-furnished," respectively.

(End of clause)

  ------ ----------- -------------------------------------- -------------------
  I.22   52.245-09   [Use and Charges]{.smallcaps}          [June
                                                            2007]{.smallcaps}

  ------ ----------- -------------------------------------- -------------------

\(a\) *Definitions*. As used in this clause:

"Acquisition cost" means the cost to acquire a tangible capital asset
including the purchase price of the asset and costs necessary to prepare
the asset for use. Costs necessary to prepare the asset for use include
the cost of placing the asset in location and bringing the asset to a
condition necessary for normal or expected use.

"Government property" means all property owned or leased by the
Government. Government property includes both Government-furnished and
Contractor-acquired property.

"Plant equipment", as used in this part, means personal property of a
capital nature (including equipment, machine tools, test equipment,
furniture, vehicles, and accessory and auxiliary items) for use in
manufacturing supplies, in performing services, or for any
administrative or general plant purpose. It does not include special
tooling or special test equipment.

"Real property" means land and rights in land, ground improvements,
utility distribution systems, and buildings and other structures. It
does not include foundations and other work necessary for installing
special tooling, special test equipment, or plant equipment.

"Rental period" means the calendar period during which Government
property is made available for nongovernmental purposes.

"Rental time" means the number of hours, to the nearest whole hour,
rented property is actually used for nongovernmental purposes. It
includes time to set up the property for such purposes, perform required
maintenance, and restore the property to its condition prior to rental
(less normal wear and tear).

\(b\) *Use of Government property*. The Contractor may use the
Government property without charge in the performance of---

\(1\) Contracts with the Government that specifically authorize such use
without charge;

\(2\) Subcontracts of any tier under Government prime contracts if the
Contracting Officer having cognizance of the prime contract---

\(i\) Approves a subcontract specifically authorizing such use; or

\(ii\) Otherwise authorizes such use in writing; and

\(3\) Other work, if the Contracting Officer specifically authorizes in
writing use without charge for such work.

\(c\) *Rental*. If granted written permission by the Contracting
Officer, or if it is specifically provided for in the Schedule, the
Contractor may use the Government property (except material) for a
rental fee for work other than that provided in paragraph (b) of this
clause. Authorizing such use of the Government property does not waive
any rights of the Government to terminate the Contractor's right to use
the Government property. The rental fee shall be determined in
accordance with the following paragraphs.

\(d\) General.

\(1\) Rental requests shall be submitted to the Administrative
Contracting Officer (ACO), identify the property for which rental is
requested, propose a rental period, and compute an estimated rental
charge by using the Contractor's best estimate of rental time in the
formulae described in paragraph (e) of this clause.

\(2\) The Contractor shall not use Government property for
nongovernmental purposes, including Independent Research and
Development, until a rental charge for real property, or estimated
rental charge for other property, is agreed upon. Rented property shall
be used only on a non-interference basis.

\(e\) Rental charge.---

\(1\) Real property and associated fixtures.

\(i\) The Contractor shall obtain, at its expense, a property appraisal
from an independent licensed, accredited, or certified appraiser that
computes a monthly, daily, or hourly rental rate for comparable
commercial property. The appraisal may be used to compute rentals under
this clause throughout its effective period or, if an effective period
is not stated in the appraisal, for one year following the date the
appraisal was performed. The Contractor shall submit the appraisal to
the ACO at least 30 days prior to the date the property is needed for
nongovernmental use. Except as provided in paragraph (e)(1)(iii) of this
clause, the ACO shall use the appraisal rental rate to determine a
reasonable rental charge.

\(ii\) Rental charges shall be determined by multiplying the rental time
by the appraisal rental rate expressed as a rate per hour. Monthly or
daily appraisal rental rates shall be divided by 720 or 24,
respectively, to determine an hourly rental rate.

\(iii\) When the ACO believes the appraisal rental rate is unreasonable,
the ACO shall promptly notify the Contractor. The parties may agree on
an alternative means for computing a reasonable rental charge.

\(iv\) The Contractor shall obtain, at its expense, additional property
appraisals in the same manner as provided in paragraph (e)(1)(i) if the
effective period has expired and the Contractor desires the continued
use of property for nongovernmental use. The Contractor may obtain
additional appraisals within the effective period of the current
appraisal if the market prices decrease substantially.

\(2\) *Other Government property*. The Contractor may elect to compute
the rental charge using the appraisal method described in paragraph
(e)(1) of this clause subject to the constraints therein or the
following formula in which rental time shall be expressed in increments
of not less than one hour with portions of hours rounded to the next
higher hour: The rental charge is calculated by multiplying 2 percent of
the acquisition cost by the hours of rental time, and dividing by 720.

\(3\) *Alternative methodology*. The Contractor may request
consideration of an alternative basis for computing the rental charge if
it considers the monthly rental rate or a time-based rental unreasonable
or impractical.

\(f\) Rental payments.

\(1\) Rent is due 60 days following completion of the rental period or
as otherwise specified in the contract. The Contractor shall compute the
rental due, and furnish records or other supporting data in sufficient
detail to permit the ACO to verify the rental time and computation.
Payment shall be made by check payable to the Treasurer of the United
States and sent to the contract administration office identified in this
contract, unless otherwise specified by the Contracting Officer.

\(2\) Interest will be charged if payment is not made by the date
specified in paragraph (f)(1) of this clause. Interest will accrue at
the "Renegotiation Board Interest Rate" (published in the *Federal
Register* semiannually on or about January 1st and July 1st) for the
period in which the rent is due.

\(3\) The Government's acceptance of any rental payment under this
clause, in whole or in part, shall not be construed as a waiver or
relinquishment of any rights it may have against the Contractor stemming
from the Contractor's unauthorized use of Government property or any
other failure to perform this contract according to its terms.

\(g\) *Use revocation*. At any time during the rental period, the
Government may revoke nongovernmental use authorization and require the
Contractor, at the Contractor's expense, to return the property to the
Government, restore the property to its pre-rental condition (less
normal wear and tear), or both.

\(h\) *Unauthorized use*. The unauthorized use of Government property
can subject a person to fines, imprisonment, or both, under [18 U.S.C.
641](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+414+0++(18)  AND ((18) ADJ USC)%3ACITE AND (USC w%2F10 (641))%3ACITE         ).

(End of clause)

  ------ ----------- --------------------------------------- -------------------
  I.23   52.245-11   [Government Property (Facilities        [April
                     Use)]{.smallcaps}                       1984]{.smallcaps}

  ------ ----------- --------------------------------------- -------------------

\(a\) Definitions. "Facilities," as used in this clause, means property
provided under this facilities contract.

"Related contract," as used in this clause, means a Government contract
or subcontract for supplies or services under which the use of the
facilities is or may be authorized.

\(b\) Period of this contract. If not otherwise specified in this
contract and if not previously terminated under paragraph (k), the use
of the facilities authorized under this contract shall terminate 5 years
after its effective date. Thereafter, if continued use of the facilities
by the Contractor is mutually desired, the parties shall enter into a
new contract that shall incorporate such provisions as may then be
required by applicable laws and regulations. The parties may, by written
agreement, extend the use of the facilities under this contract beyond
this 5-year period to permit the completion of any then-existing related
contracts and subcontracts.

\(c\) Title in the facilities. (1) Title to the facilities shall remain
in the Government. Title to parts replaced by the Contractor in carrying
out its normal maintenance obligations under paragraph (g) shall pass to
and vest in the Government upon completion of their installation in the
facilities.

\(2\) Title to the facilities shall not be affected by their
incorporation into or attachment to any property not owned by the
Government, nor shall any item of the facilities become a fixture or
lose its identity as personal property by being attached to any real
property. The Contractor shall keep the facilities free and clear of all
liens and encumbrances and, except as otherwise authorized by this
contract or by the Contracting Officer, shall not remove or otherwise
part with possession of, or permit the use by others of, any of the
facilities.

\(3\) The Contractor may, with the written approval of the Contracting
Officer, install, arrange, or rearrange, on Government-furnished
premises, readily movable machinery, equipment, and other items
belonging to the Contractor. Title to any such item shall remain in the
Contractor even though it may be attached to real property owned by the
Government, unless the Contracting Officer determines that it is so
permanently attached that removal would cause substantial injury to
Government property.

\(4\) The Contractor shall not construct or install, at its own expense,
any fixed improvement or structural alterations in Government buildings
or other real property without advance written approval of the
Contracting Officer. Fixed improvement or structural alterations, as
used herein, means any alteration or improvement in the nature of the
building or other real property that, after completion, cannot be
removed without substantial loss of value or damage to the premises. The
term does not include foundations for production equipment.

\(d\) Location of the facilities. The Contractor may use the facilities
at any of the locations specified in the Schedule and, with the prior
written approval of the Contracting Officer, at any other location. In
granting this approval, the Contracting Officer may prescribe such terms
and conditions as may be deemed necessary for protecting the
Government\'s interest in the facilities involved. Those terms and
conditions shall take precedence over any conflicting provisions of this
contract.

\(e\) Notice of use of the facilities. The Contractor shall notify the
Contracting Officer in writing\--

\(1\) Whenever use of all facilities for Government work in any
quarterly period averages less than 75 percent of the total use of the
facilities; or

\(2\) Whenever any item of the facilities is no longer needed or usable
for performing existing related contracts that authorize such use.

\(f\) Property control. The Contractor shall maintain property control
procedures and records, and a system of identification of the
facilities, in accordance with the provisions of Federal Acquisition
Regulation (FAR) Subpart 45.5 in effect on the date of this contract.
The provisions of FAR 45.5 are hereby incorporated by reference and made
a part of this contract.

\(g\) Maintenance. (1) Except as otherwise provided in the Schedule, the
Contractor shall protect, preserve, maintain (including normal parts
replacement), and repair the facilities in accordance with sound
industrial practice.

\(2\) As soon as practicable after the execution of this contract, the
Contractor shall submit to the Contracting Officer a written proposed
maintenance program, including a maintenance records system, in
sufficient detail to show the adequacy of the proposed program. If the
Contracting Officer agrees to the proposed program, it shall become the
normal maintenance obligation of the Contractor. The Contractor\'s
performance according to the approved program shall satisfy the
Contractor\'s obligations under subparagraphs (g)(1) and (g)(5) of this
clause.

\(3\) The Contracting Officer may at any time direct the Contractor in
writing to reduce the work required by the normal maintenance program.
If such order reduces the cost of performing the maintenance, an
appropriate equitable adjustment may be made in any affected related
contract that so provides.

\(4\) The Contractor shall perform any maintenance work directed by the
Contracting Officer in writing. Work in excess of the maintenance
required under subparagraphs (g)(1) through (g)(3) of this clause shall
be at Government expense. The Contractor shall notify the Contracting
Officer in writing when sound industrial practice requires maintenance
in excess of the normal maintenance program.

\(5\) The Contractor shall keep records of all work done on the
facilities and shall give the Government reasonable opportunity to
inspect such records. When facilities are disposed of under this
contract, the Contractor shall deliver the related records to the
Government or, if directed by the Contracting Officer, to third persons.

\(6\) The Contractor\'s obligation under this clause for each item of
facilities shall continue until the item is removed, abandoned, or
disposed of at the expiration of the 120-day period stated in
subparagraph (1)(4) of this clause and when the Contractor has
discharged its other obligations under this contract with respect to
such items.

\(h\) Access. The Government and any persons designated by it shall, at
all reasonable times, have access to the premises where any of the
facilities are located.

\(i\) Indemnification of the Government. The Contractor shall indemnify
the Government and hold it harmless against claims for injury to persons
or damage to property of the Contractor or others arising from the
Contractor\'s possession or use of the facilities under this contract.
However, the provisions of the Contractor\'s related contracts shall
govern any assumption of liability by the Government for claims arising
under those contracts.

\(j\) Representations and warranties. (1) The Government makes no
warranty, express or implied, regarding the condition or fitness for use
of any facilities. To the extent practical, the Contractor shall be
allowed to inspect all the facilities to be furnished by the Government
before their shipment.

\(2\) If the Contractor receives facilities in a condition not suitable
for the intended use, the Contractor shall, within 30 days after receipt
and installation thereof, so notify the Contracting Officer, detailing
the facts, and, as directed by the Contracting Officer and at Government
expense, either (i) return such item or otherwise dispose of it or (ii)
effect repairs or modifications. An appropriate equitable adjustment may
be made in any related contract that so provides and that is affected by
the return, disposition, repair, or modification of any facilities.

\(k\) Termination of use of the facilities. (1) The Contractor may at
any time, upon written notice to the Contracting Officer, terminate its
authority to use any or all of the facilities. Termination under this
paragraph (k) shall not relieve the Contractor of any of its obligations
or liabilities under any related contract or subcontract affected by the
termination.

\(2\) The Contracting Officer may at any time, upon written notice,
terminate or limit the Contractor\'s authority to use any of the
facilities. Except as otherwise provided in the Failure to Perform
clause of this contract, an equitable adjustment may be made in any
related contract of the Contractor that so provides and that is affected
by such notice.

\(1\) Disposition of the facilities. (1) The provisions of this
paragraph (1) shall apply to facilities whose use has been terminated by
either the Contracting Officer or the Contractor under paragraph (k),
except as provided in subparagraph (1)(2).

\(2\) Unless otherwise directed by the Contracting Officer, this
paragraph (1) shall not apply to facilities terminated by the Contractor
if\--

\(i\) The facilities terminated do not comprise all of the facilities in
the possession of the Contractor; and

\(ii\) The Contracting Officer determines that continued retention of
the facilities will not interfere with the Contractor\'s operations.

\(3\) Within 60 days after the effective date of any notice of
termination given under paragraph (k) or within such longer period as
the Contracting Officer may approve in writing, the Contractor shall
submit to the Contracting Officer an accounting for all the facilities
covered by such notice. The submission of the Contractor shall be in a
form satisfactory to the Contracting Officer.

\(4\) Within 120 days after the Contractor accounts for any facilities
under subparagraph (1)(3), the Contracting Officer shall give written
notice to the Contractor as to the disposition of the facilities, except
as otherwise provided in subparagraph (1)(6). In its disposition of the
facilities, the Government may either\--

\(i\) Abandon the facilities in place, in which case all obligations of
the Government regarding such abandoned facilities and the
rehabilitation of the premises in and on which they are located shall
immediately cease; or

\(ii\) Require the Contractor to comply, at Government expense, with
such directions as the Contracting Officer may give with respect to\--

\(A\) The preparation, protection, removal, or shipment of the affected
facilities;

\(B\) The retention or storage of the affected facilities; provided,
that the Contracting Officer shall not direct the Contractor to retain
or store any items of facilities in or on real property not owned by the
Government if such retention or storage will interfere with the
Contractor\'s operations;

\(C\) The restoration of Government-owned property incident to the
removal of the facilities from such property; and

\(D\) The sale of any affected facilities in such manner, at such times,
and at such price as may be approved by the Government, except that the
Contractor shall not be required to extend credit to any purchaser.

\(5\) If the Contracting Officer fails to give the written notice
required by subparagraph (1)(4) of this clause within the prescribed
120-day period, the Contractor may, upon not less than 30 days\' written
notice to the Government, and at Government risk and expense, (i) retain
the facilities in place or (ii) remove any of the affected severable
facilities located in Contractor-owned property and store them at the
Contractor\'s plant or in a public insured warehouse. Such removal and
storage shall be in accordance with sound practice and in a manner
compatible with the security classification of the facilities. Except as
provided in this subparagraph (1)(5), the Government shall not be liable
to the Contractor for failure to give the written notice required by
subparagraph (1)(4).

\(6\) Nonseverable items of the facilities or items of the facilities
subject to patent or proprietary rights shall be disposed of in such
manner as the parties may have agreed to in writing.

\(7\) The Government, either directly or by third persons engaged by it,
may remove or otherwise dispose of any facilities for which the
Contractor\'s authority to use has been terminated, other than those for
which specific provision is made in subparagraph (1)(6).

\(8\) The Contractor shall, within a reasonable time after the
expiration of the 120-day period specified in subparagraph (1)(4),
remove all of its property from the Government property and take such
action as the Contracting Officer may direct in writing with respect to
restoring such Government property, to the extent that it is affected by
the installation of the Contractor\'s property, to its condition before
such installation.

\(9\) Unless otherwise specifically provided in this contract, the
Government shall not be obligated to the Contractor to restore or
rehabilitate any property at the Contractor\'s plant, except for
restoration or rehabilitation costs caused by removal of the facilities
under subdivision (1)(4)(ii). The Contractor agrees to indemnify the
Government against all suits or claims for damages arising out of the
Government\'s failure to restore or rehabilitate any property at the
Contractor\'s plant or property of its subcontractors, except any damage
as may be caused by the negligence of the Government, its agents, or
independent contractors.

\(m\) Supersedure. (1) Facilities previously provided to the Contractor
under the contracts specified in the Schedule of this contract shall
become subject to this contract upon its effective date. The terms of
those contracts by which such facilities were previously provided to the
Contractor are hereby superseded with respect to such facilities, except
for rights and obligations that may have accrued under such other
contract before the effective date of this contract.

\(2\) Facilities subsequently provided the Contractor under any contract
shall, if that contract so specifies, be subject to this contract upon
the completion of their construction, acquisition, and installation or
upon their availability for use, whichever occurs first, except as
otherwise provided in the contract or other document by which such
facilities are provided to the Contractor.

  ------ ----------- -------------------------------------- -------------------
  I.24   52.245-14   [Use of Government                     [April
                     Facilities]{.smallcaps}                1984]{.smallcaps}

  ------ ----------- -------------------------------------- -------------------

The Contractor may use the facilities without charge in performing\--

\(a\) Contracts with the Government which specifically authorizes such
use without charge;

\(b\) Subcontracts of any tier if the Contracting Officer having
cognizance of the prime contract has authorized, in writing, use without
charge; and

\(c\) Other work for which the Contracting Officer has specifically
authorized use without charge in writing.

  ------ ----------- -------------------------------------- -------------------
  I.25   52.245-19   [Government Property Furnished "As     [April
                     Is"]{.smallcaps}                       1984]{.smallcaps}

  ------ ----------- -------------------------------------- -------------------

\(a\) The Government makes no warranty whatsoever with respect to
Government property furnished "as is," except that the property is in
the same condition when placed at the f.o.b. point specified in the
solicitation as when inspected by the Contractor pursuant to the
solicitation or, if not inspected by the Contractor, as when last
available for inspection under the solicitation.

\(b\) The Contractor may repair any property made available on an "as
is" basis. Such repair will be at the Contractor\'s expense except as
otherwise provided in this clause. Such property may be modified at the
Contractor\'s expense, but only with the written permission of the
Contracting Officer. Any repair or modification of property furnished
"as is" shall not affect the title of the Government.

\(c\) If there is any change in the condition of Government property
furnished "as is" from the time inspected or last available for
inspection under the solicitation to the time placed on board at the
location specified in the solicitation, and such change will adversely
affect the Contractor, the Contractor shall, upon receipt of the
property, notify the Contracting Officer detailing the facts and, as
directed by the Contracting Officer, either (1) return such property at
the Government\'s expense or otherwise dispose of the property or (2)
effect repairs to return the property to its condition when inspected
under the solicitation or, if not inspected, last available for
inspection under the solicitation. After completing the directed action
and upon written request of the Contractor, the Contracting Officer
shall equitably adjust any contractual provisions affected by the
return, disposition, or repair in accordance with the procedures
provided for in the Changes clause of this contract. The foregoing
provisions for adjustment are the exclusive remedy available to the
Contractor, and the Government shall not be otherwise liable for any
delivery of Government property furnished "as is" in a condition other
than that in which it was originally offered.

\(d\) Except as otherwise provided in this clause, Government property
furnished "as is" shall be governed by the Government Property clause of
this contract.

[SECTION J -- Attachments]{.smallcaps}

  -------------------------------- ---------------------------------------------- ---------------------------------
  [[\#]{.underline}]{.smallcaps}   [[Attachment]{.underline}]{.smallcaps}         [[\# of
                                                                                  Pages]{.underline}]{.smallcaps}

  [1]{.smallcaps}                  [Quality Assurance Surveillance Plan           [2]{.smallcaps}
                                   (QASP)]{.smallcaps}                            

  [2]{.smallcaps}                  [Fire Management Plan]{.smallcaps}             [7]{.smallcaps}

  [3]{.smallcaps}                  [Integrated Pest Management (IPM)              [18]{.smallcaps}
                                   Plan]{.smallcaps}                              

  [4]{.smallcaps}                  [Cost Proposal Format]{.smallcaps}             [2]{.smallcaps}

  [5]{.smallcaps}                  [Maps, Drawing, Photographs]{.smallcaps}       [7]{.smallcaps}

  [6]{.smallcaps}                  [Wage Determination]{.smallcaps} 2005-2081     [10]{.smallcaps}
                                   [Rev]{.smallcaps}. 4                           
  -------------------------------- ---------------------------------------------- ---------------------------------

[Attachment 1 -- [Performance Standards -- Quality Assurance
Surveillance Plan]{.underline}]{.smallcaps}

1.  General:

> This Quality Assurance Surveillance Plan (QASP) is a series of
> guidelines that will be used to evaluate the performance of the
> Contractor. The QASP defines the following:

-   The role and responsibilities of the Government;

-   The process of performance documentation;

-   Monetary results relating to the Contractor's performance.

2.  Responsibilities of the Government:

> Performance Evaluation Committee (PEC) -- The Government is
> responsible for assessing the quality of the Contractor's performance.
> The Government shall appoint managing and technical personnel to serve
> on the PEC. The Contracting Officer's Representative (COR) shall act
> as the Chairperson on the PEC. The PEC shall be composed of no less
> than three Government employees.
>
> Quality Assurance Inspections and Surveillance -- The Contractor will
> be monitored by the Government periodically and at random intervals
> by:

-   Conducting quarterly joint Safety/O&M inspection with a Contractor's
    Representative. The inspection will include, but not be limited to,
    any or all of the wildlife properties, and facilities. The
    Contractor's Representative will present a list of anticipated
    activities along with the respective start and completion dates that
    are anticipated to start within the following seven (7) days. The
    Contractor's Representative will produce and provide a report with a
    list of newly identified deficiencies with agreed upon completion
    dates, outstanding deficiencies, and a list of previously completed
    deficiencies with completed dates to the Government's Representative
    by day after the inspection. The Government's Representative will
    also review and inspect the completed and outstanding deficiencies.

-   Reviewing and tracking the Preventative Maintenance and Emergency
    work orders, inventories, purchase orders, equipment history
    records, and asset lists that are produced by the Maintenance
    Management Program. Review the hard copies of monthly invoices.

> []{.mark}

-   Reviewing O&M activities by reviewing the O&M Log Book and observing
    ongoing O&M activities.

> []{.mark}

-   Reviewing the Technical Library for completion and organization of
    Standing Operation Procedures updates, drawings, files, reports, and
    work orders.

> []{.mark}

-   Reviewing the Safety Program.

[]{.mark}

-   Monitoring the Warehouse for organization and labeling.

Performance Evaluation -- The Contractor's performance will be evaluated
quarterly. The PEC Chairperson will convene the PEC within fifteen (15)
days of receiving the Contractor's Annual Report and quarterly invoice
(reference C.7.9.2) to evaluate the Contractor's performance.

Each evaluation performance period's Performance Award Fee shall be
determined as objectively as possible by Reclamation based upon the
Contractor's performance, in accordance with the procedures and
evaluation criteria set forth in this clause. The final performance
evaluation percentage determinations are unilateral decisions made
solely at the discretion of the Government.

The PEC will evaluate the Contractor's performance for a given quarter
using a Performance Standards Evaluation Form. The Performance Standards
Evaluation Form details major evaluation categories and subcategories.
Reference attachments #2 and #3, completed samples of Performance
Standards Evaluation Form. Each major evaluation category is weighted
based upon its relevance to the site's operation. Under the major
categories each subcategory is weighted according to its importance.
(See Section H.2 Performance Award Fee.

The COR will submit a written report to the CO summarizing the overall
results of the quarterly evaluation, the recommended annual monetary
amount to be either paid to the Contractor, and the completed
Performance Standards Evaluation Form within seven (7) days of the
Annual PEC convening.

A Performance Award Fee will be awarded to the Contractor for work
performance that is rated above "Satisfactory" which is a "Total
Performance Standards Evaluation Score" that is greater than 100. The
Performance Award Fee amount will be calculated using Subtotal Line Item
on the Bid Schedule in Section B. The maximum annual amount the
Contractor may receive for a Performance Award Fee is 10% of the
Subtotal Line Item in the \$/year column.

If the "Total Performance Standards Evaluation Score" for a given month
is greater than 100, the Performance Incentive will be calculated using
the following formula:

> PA = Amount x [(APSES -- 100) x 2]{.underline} x 0.10
>
> 200

Where:

> PA = Performance Award Fee
>
> APSES = Annual Performance Standards Evaluation Score
>
> Amount = \$/ Subtotal Amount in Subtotal Line Item
>
> 0.10 = Maximum Performance of 10%

and:

APSES = [(QT1PSES + QT2PSES + QT3PSES + QT4PSES)]{.underline}

> 4

Where:

QT1SES = 1^st^ Quarter Performance Standards Evaluation Score

QT2SES = 2^nd^ Quarter Performance Standards Evaluation Score

> QT3SES = 3^rd^ Quarter Performance Standards Evaluation Score
>
> QT4SES = 4^th^ Quarter Performance Standards Evaluation Score

The formula calculates the Performance Incentive (Award Fee) by
multiplying the Amount by the percentage that the TPSES is above a score
of 10% (maximum amount of incentive).

Example #1:

> Attachment #2 is a complete Performance Standards Evaluation Form. All
> comments and scoring are for reference only. Assuming the Contractor
> has proposed \$50,000/month on Subtotal Line Item, the Performance
> Award Fee amount would be calculated as follows:
>
> PA = \$50,000 x [(154.56 -- 100) x 2]{.underline} x 0.10 = \$2728
>
> 200
>
> The payment that the Contractor would receive from the Government for
> the approved monthly invoice would also include the \$2728 Performance
> Award Fee.

[Attachment 2 -- [Fire Management Plan]{.underline}]{.smallcaps}

Insert Fire Management Plan (separate file attachment in
FedBizOpps.gov).

[Attachment 3 -- [Integrated Pest Management (IPM)
Plan]{.underline}]{.smallcaps}

Insert Integrated Pest Management (IPM) Plan (separate file attachment
in FedBizOpps.gov).

[Attachment 4 -- Cost Proposal Format]{.smallcaps}

+-----------------------+------+--------+--------+---------+---------+
| 1\. PVU Site OM&R     |      |        |        |         |         |
| Personnel             |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| [Position             | [Q   | [Labor | [Hrs   | [Tota   |         |
| Title]{.smallcaps}    | uant | Ra     | /Year] | l]{.sma |         |
|                       | ity] | te/Hr] | {.smal | llcaps} |         |
|                       | {.sm | {.smal | lcaps} |         |         |
|                       | allc | lcaps} |        |         |         |
|                       | aps} |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| > Project Manager     |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| > Project Manager     |      |        |        |         |         |
| > (OT)                |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| > Assistant Project   |      |        |        |         |         |
| > Manager             |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| > Assistant Project   |      |        |        |         |         |
| > Manager (OT)        |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| [Line Item 1 Labor    |      |        |        |         |         |
| Total]{.smallcaps}    |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| 2\. Corporate Support |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| [Position             | [Q   | [Labor | [Hrs   | [Tota   |         |
| Title]{.smallcaps}    | uant | Ra     | /Year] | l]{.sma |         |
|                       | ity] | te/Hr] | {.smal | llcaps} |         |
|                       | {.sm | {.smal | lcaps} |         |         |
|                       | allc | lcaps} |        |         |         |
|                       | aps} |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
|                       |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| [Line Item 2          |      |        |        |         |         |
| Corporate Support     |      |        |        |         |         |
| Total]{.smallcaps}    |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| [Total Direct         |      |        |        |         |         |
| Costs]{.smallcaps}    |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| 3\. Base Fee (X% of   |      |        |        |         |         |
| sum of 1, 2, 5, 6 &   |      |        |        |         |         |
| 7)                    |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| 4\.                   |      |        |        |         |         |
| [                     |      |        |        |         |         |
| Subtotal]{.smallcaps} |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| 4a. Award Fee (not    |      |        |        |         |         |
| listed in Schedule,   |      |        |        |         |         |
| Contractor may        |      |        |        |         |         |
| receive up to 10% of  |      |        |        |         |         |
| Line Item 4 as        |      |        |        |         |         |
| incentive)            |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| 5\. Start-up & Post   |      |        |        |         |         |
| Award Costs (Base     |      |        |        |         |         |
| year only)            |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| 6\. Special           |      |        |        |         |         |
| Equipment/Services &  |      |        |        |         |         |
| ODC (NTE)             |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| 7\. Components, Tools |      |        |        |         |         |
| & Consumables (NTE)   |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+
| [Total for Base       |      |        |        |         |         |
| Year]{.smallcaps}     |      |        |        |         |         |
+-----------------------+------+--------+--------+---------+---------+

[Attachment 5 -- [Area Map]{.underline}]{.smallcaps}

Insert Area Map (separate file attachment in FedBizOpps.gov).

[Attachment 6 -- [Wage Determination]{.underline}]{.smallcaps}

WD 05-2081 (Rev.-4) was first posted on www.wdol.gov on 10/02/2007

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

REGISTER OF WAGE DETERMINATIONS UNDER \| U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT \| EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor \| WAGE AND HOUR DIVISION

\| WASHINGTON D.C. 20210

\|

\|

\|

\| Wage Determination No.: 2005-2081

William W.Gross Division of \| Revision No.: 4

Director Wage Determinations\| Date Of Revision: 09/27/2007

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\|\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

State: Colorado

Area: Colorado Counties of Adams, Arapahoe, Boulder, Broomfield, Clear
Creek, Denver, Douglas, Elbert, Gilpin, Grand, Jackson, Jefferson,
Logan, Morgan, Park, Phillips, Sedgwick, Summit, Washington, Weld, Yuma

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\*\*Fringe Benefits Required Follow the Occupational Listing\*\*

  ------------------- ------------------------------------------------ -------------------
  [Occupation         [Title]{.smallcaps}                              [Minimum Wage
  Code]{.smallcaps}                                                    Rate]{.smallcaps}

  01000 -             Administrative Support And Clerical Occupations  

  01011 -             Accounting Clerk I                               14.16

  01012 -             Accounting Clerk II                              16.44

  01013 -             Accounting Clerk III                             18.38

  01020 -             Administrative Assistant                         22.65

  01040 -             Court Reporter                                   17.81

  01051 -             Data Entry Operator I                            12.23

  01052 -             Data Entry Operator II                           14.60

  01060 -             Dispatcher, Motor Vehicle                        17.81

  01070 -             Document Preparation Clerk                       12.92

  01090 -             Duplicating Machine Operator                     12.92

  01111 -             General Clerk I                                  12.21

  01112 -             General Clerk II                                 13.28

  01113 -             General Clerk III                                14.91

  01120 -             Housing Referral Assistant                       20.23

  01141 -             Messenger Courier                                10.76

  01191 -             Order Clerk I                                    14.72

  01192 -             Order Clerk II                                   15.71

  01261 -             Personnel Assistant (Employment) I               15.51

  01262 -             Personnel Assistant (Employment) II              16.64

  01263 -             Personnel Assistant (Employment) III             19.06

  01270 -             Production Control Clerk                         19.78

  01280 -             Receptionist                                     12.36

  01290 -             Rental Clerk                                     15.34

  01300 -             Scheduler, Maintenance                           16.51

  01311 -             Secretary I                                      16.51

  01312 -             Secretary II                                     17.94

  01313 -             Secretary III                                    20.44

  01320 -             Service Order Dispatcher                         13.21

  01410 -             Supply Technician                                22.65

  01420 -             Survey Worker                                    16.78

  01531 -             Travel Clerk I                                   12.50

  01532 -             Travel Clerk II                                  13.11

  01533 -             Travel Clerk III                                 14.03

  01611 -             Word Processor I                                 13.17

  01612 -             Word Processor II                                15.64

  01613 -             Word Processor III                               16.78

  05000 -             Automotive Service Occupations                   

  05005 -             Automobile Body Repairer, Fiberglass             26.19

  05010 -             Automotive Electrician                           19.46

  05040 -             Automotive Glass Installer                       18.44

  05070 -             Automotive Worker                                18.44

  05110 -             Mobile Equipment Servicer                        16.77

  05130 -             Motor Equipment Metal Mechanic                   19.83

  05160 -             Motor Equipment Metal Worker                     18.44

  05190 -             Motor Vehicle Mechanic                           19.83

  05220 -             Motor Vehicle Mechanic Helper                    15.63

  05250 -             Motor Vehicle Upholstery Worker                  18.44

  05280 -             Motor Vehicle Wrecker                            18.44

  05310 -             Painter, Automotive                              18.75

  05340 -             Radiator Repair Specialist                       18.44

  05370 -             Tire Repairer                                    14.98

  05400 -             Transmission Repair Specialist                   19.83

  07000 -             Food Preparation And Service Occupations         

  07010 -             Baker                                            14.52

  07041 -             Cook I                                           11.65

  07042 -             Cook II                                          12.82

  07070 -             Dishwasher                                       9.69

  07130 -             Food Service Worker                              10.90

  07210 -             Meat Cutter                                      15.13

  07260 -             Waiter/Waitress                                  9.68

                                                                       
  ------------------- ------------------------------------------------ -------------------

09000 - Furniture Maintenance And Repair Occupations

09010 - Electrostatic Spray Painter 17.33

09040 - Furniture Handler 14.45

09080 - Furniture Refinisher 17.33

09090 - Furniture Refinisher Helper 14.45

09110 - Furniture Repairer, Minor 16.45

09130 - Upholsterer 17.33

11000 - General Services And Support Occupations

11030 - Cleaner, Vehicles 11.08

11060 - Elevator Operator 10.30

11090 - Gardener 18.19

11122 - Housekeeping Aide 10.30

11150 - Janitor 12.01

11210 - Laborer, Grounds Maintenance 14.67

11240 - Maid or Houseman 9.05

11260 - Pruner 13.16

11270 - Tractor Operator 17.30

11330 - Trail Maintenance Worker 14.67

11360 - Window Cleaner 13.09

12000 - Health Occupations

12010 - Ambulance Driver 17.04

12011 - Breath Alcohol Technician 19.95

12012 - Certified Occupational Therapist Assistant 17.54

12015 - Certified Physical Therapist Assistant 17.42

12020 - Dental Assistant 18.39

12025 - Dental Hygienist 36.20

12030 - EKG Technician 20.88

12035 - Electroneurodiagnostic Technologist 20.88

12040 - Emergency Medical Technician 17.30

12071 - Licensed Practical Nurse I 17.83

12072 - Licensed Practical Nurse II 19.95

12073 - Licensed Practical Nurse III 22.13

12100 - Medical Assistant 15.80

12130 - Medical Laboratory Technician 17.47

12160 - Medical Record Clerk 15.33

12190 - Medical Record Technician 16.10

12195 - Medical Transcriptionist 17.78

12210 - Nuclear Medicine Technologist 31.70

12221 - Nursing Assistant I 11.21

12222 - Nursing Assistant II 12.82

12223 - Nursing Assistant III 14.00

12224 - Nursing Assistant IV 15.71

12235 - Optical Dispenser 19.21

12236 - Optical Technician 18.19

12250 - Pharmacy Technician 14.37

12280 - Phlebotomist 15.71

12305 - Radiologic Technologist 23.48

12311 - Registered Nurse I 27.37

12312 - Registered Nurse II 32.24

12313 - Registered Nurse II, Specialist 32.24

12314 - Registered Nurse III 40.68

12315 - Registered Nurse III, Anesthetist 40.68

12316 - Registered Nurse IV 48.77

12317 - Scheduler (Drug and Alcohol Testing) 24.59

13000 - Information And Arts Occupations

13011 - Exhibits Specialist I 17.90

13012 - Exhibits Specialist II 22.16

13013 - Exhibits Specialist III 27.12

13041 - Illustrator I 17.90

13042 - Illustrator II 22.16

13043 - Illustrator III 27.12

13047 - Librarian 27.60

13050 - Library Aide/Clerk 14.55

13054 - Library Information Technology Systems Administrator 20.35

13058 - Library Technician 16.15

13061 - Media Specialist I 15.96

13062 - Media Specialist II 17.86

13063 - Media Specialist III 19.90

13071 - Photographer I 15.42

13072 - Photographer II 17.25

13073 - Photographer III 21.36

13074 - Photographer IV 26.13

13075 - Photographer V 31.63

13110 - Video Teleconference Technician 17.32

14000 - Information Technology Occupations

14041 - Computer Operator I 6.60

14042 - Computer Operator II 18.65

14043 - Computer Operator III 21.85

14044 - Computer Operator IV 24.24

14045 - Computer Operator V 26.86

14071 - Computer Programmer I (1) 20.09

14072 - Computer Programmer II (1) 24.82

14073 - Computer Programmer III (1) 27.62

14074 - Computer Programmer IV (1) 27.62

14101 - Computer Systems Analyst I (1) 27.62

14102 - Computer Systems Analyst II (1) 27.62

14103 - Computer Systems Analyst III (1) 27.62

14150 - Peripheral Equipment Operator 16.60

14160 - Personal Computer Support Technician 24.24

15000 - Instructional Occupations

15010 - Aircrew Training Devices Instructor (Non-Rated) 32.55

15020 - Aircrew Training Devices Instructor (Rated) 39.40

15030 - Air Crew Training Devices Instructor (Pilot) 43.34

15050 - Computer Based Training Specialist / Instructor 30.38

15060 - Educational Technologist 28.35

15070 - Flight Instructor (Pilot) 43.34

15080 - Graphic Artist 20.00

15090 - Technical Instructor 20.71

15095 - Technical Instructor/Course Developer 25.35

15110 - Test Proctor 16.73

15120 - Tutor 16.73

16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations

16010 - Assembler 9.49

16030 - Counter Attendant 9.49

16040 - Dry Cleaner 11.61

16070 - Finisher, Flatwork, Machine 9.49

16090 - Presser, Hand 9.49

16110 - Presser, Machine, Drycleaning 9.49

16130 - Presser, Machine, Shirts 9.49

16160 - Presser, Machine, Wearing Apparel, Laundry 9.49

16190 - Sewing Machine Operator 12.40

16220 - Tailor 13.90

16250 - Washer, Machine 10.17

19000 - Machine Tool Operation And Repair Occupations

19010 - Machine-Tool Operator (Tool Room) 18.32

19040 - Tool And Die Maker 21.57

21000 - Materials Handling And Packing Occupations

21020 - Forklift Operator 14.70

21030 - Material Coordinator 19.78

21040 - Material Expediter 19.78

21050 - Material Handling Laborer 15.51

21071 - Order Filler 11.78

21080 - Production Line Worker (Food Processing) 14.70

21110 - Shipping Packer 13.66

21130 - Shipping/Receiving Clerk 13.66

21140 - Store Worker I 11.90

21150 - Stock Clerk 14.62

21210 - Tools And Parts Attendant 16.28

21410 - Warehouse Specialist 14.70

23000 - Mechanics And Maintenance And Repair Occupations

23010 - Aerospace Structural Welder 24.58

23021 - Aircraft Mechanic I 23.41

23022 - Aircraft Mechanic II 24.58

23023 - Aircraft Mechanic III 25.80

23040 - Aircraft Mechanic Helper 18.00

23050 - Aircraft, Painter 22.93

23060 - Aircraft Servicer 20.49

23080 - Aircraft Worker 20.85

23110 - Appliance Mechanic 21.42

23120 - Bicycle Repairer 14.98

23125 - Cable Splicer 25.26

23130 - Carpenter, Maintenance 18.65

23140 - Carpet Layer 18.72

23160 - Electrician, Maintenance 23.44

23181 - Electronics Technician Maintenance I 20.78

23182 - Electronics Technician Maintenance II 22.66

23183 - Electronics Technician Maintenance III 24.05

23260 - Fabric Worker 17.45

23290 - Fire Alarm System Mechanic 21.09

23310 - Fire Extinguisher Repairer 17.63

23311 - Fuel Distribution System Mechanic 21.99

23312 - Fuel Distribution System Operator 18.95

23370 - General Maintenance Worker 17.81

23380 - Ground Support Equipment Mechanic 23.41

23381 - Ground Support Equipment Servicer 20.49

23382 - Ground Support Equipment Worker 20.85

23391 - Gunsmith I 15.63

23392 - Gunsmith II 18.09

23393 - Gunsmith III 20.51

23410 - Heating, Ventilation And Air-Conditioning Mechanic 21.01

23411 - Heating, Ventilation And Air Conditioning Mechanic (Research
Facility) 22.16

23430 - Heavy Equipment Mechanic 19.92

23440 - Heavy Equipment Operator 19.37

23460 - Instrument Mechanic 23.54

23465 - Laboratory/Shelter Mechanic 19.30

23470 - Laborer 11.46

23510 - Locksmith 19.06

23530 - Machinery Maintenance Mechanic 21.60

23550 - Machinist, Maintenance 19.33

23580 - Maintenance Trades Helper 14.45

23591 - Metrology Technician I 23.54

23592 - Metrology Technician II 24.72

23593 - Metrology Technician III 25.95

23640 - Millwright 21.15

23710 - Office Appliance Repairer 20.14

23760 - Painter, Maintenance 17.55

23790 - Pipefitter, Maintenance 21.83

23810 - Plumber, Maintenance 19.47

23820 - Pneudraulic Systems Mechanic 20.51

23850 - Rigger 20.51

23870 - Scale Mechanic 18.09

23890 - Sheet-Metal Worker, Maintenance 18.23

23910 - Small Engine Mechanic 17.92

23931 - Telecommunications Mechanic I 23.00

23932 - Telecommunications Mechanic II 24.12

23950 - Telephone Lineman 22.96

23960 - Welder, Combination, Maintenance 17.99

23965 - Well Driller 19.06

23970 - Woodcraft Worker 20.51

23980 - Woodworker 16.73

24000 - Personal Needs Occupations

24570 - Child Care Attendant 10.40

24580 - Child Care Center Clerk 12.54

24610 - Chore Aide 9.19

24620 - Family Readiness And Support Services Coordinator 14.33

24630 - Homemaker 14.41

25000 - Plant And System Operations Occupations

25010 - Boiler Tender 21.91

25040 - Sewage Plant Operator 22.79

25070 - Stationary Engineer 21.91

25190 - Ventilation Equipment Tender 15.99

25210 - Water Treatment Plant Operator 22.79

27000 - Protective Service Occupations

27004 - Alarm Monitor 18.22

27007 - Baggage Inspector 11.00

27008 - Corrections Officer 20.34

27010 - Court Security Officer 23.76

27030 - Detection Dog Handler 19.38

27040 - Detention Officer 20.34

27070 - Firefighter 23.97

27101 - Guard I 11.00

27102 - Guard II 19.38

27131 - Police Officer I 28.59

27132 - Police Officer II 31.24

28000 - Recreation Occupations

28041 - Carnival Equipment Operator 11.89

28042 - Carnival Equipment Repairer 12.82

28043 - Carnival Equpment Worker 9.30

28210 - Gate Attendant/Gate Tender 13.17

28310 - Lifeguard 11.73

28350 - Park Attendant (Aide) 14.74

28510 - Recreation Aide/Health Facility Attendant 10.75

28515 - Recreation Specialist 13.45

28630 - Sports Official 11.50

28690 - Swimming Pool Operator 17.05

29000 - Stevedoring/Longshoremen Occupational Services

29010 - Blocker And Bracer 21.33

29020 - Hatch Tender 21.33

29030 - Line Handler 21.33

29041 - Stevedore I 18.56

29042 - Stevedore II 24.27

30000 - Technical Occupations

30010 - Air Traffic Control Specialist, Center (HFO) (2) 35.13

30011 - Air Traffic Control Specialist, Station (HFO) (2) 24.22

30012 - Air Traffic Control Specialist, Terminal (HFO) (2) 26.68

30021 - Archeological Technician I 19.38

30022 - Archeological Technician II 21.67

30023 - Archeological Technician III 26.86

30030 - Cartographic Technician 24.78

30040 - Civil Engineering Technician 20.19

30061 - Drafter/CAD Operator I 18.34

30062 - Drafter/CAD Operator II 20.57

30063 - Drafter/CAD Operator III 23.84

30064 - Drafter/CAD Operator IV 31.50

30081 - Engineering Technician I 16.24

30082 - Engineering Technician II 19.04

30083 - Engineering Technician III 22.73

30084 - Engineering Technician IV 26.62

30085 - Engineering Technician V 30.59

30086 - Engineering Technician VI 37.03

30090 - Environmental Technician 24.08

30210 - Laboratory Technician 19.43

30240 - Mathematical Technician 26.62

30361 - Paralegal/Legal Assistant I 18.70

30362 - Paralegal/Legal Assistant II 23.16

30363 - Paralegal/Legal Assistant III 28.33

30364 - Paralegal/Legal Assistant IV 34.28

30390 - Photo-Optics Technician 26.62

30461 - Technical Writer I 22.55

30462 - Technical Writer II 27.54

30463 - Technical Writer III 33.35

30491 - Unexploded Ordnance (UXO) Technician I 23.27

30492 - Unexploded Ordnance (UXO) Technician II 28.15

30493 - Unexploded Ordnance (UXO) Technician III 33.74

30494 - Unexploded (UXO) Safety Escort 23.27

30495 - Unexploded (UXO) Sweep Personnel 23.27

30620 - Weather Observer, Combined Upper Air Or Surface Programs (2)

22.19

30621 - Weather Observer, Senior (2) 25.16

31000 - Transportation/Mobile Equipment Operation Occupations

31020 - Bus Aide 11.27

31030 - Bus Driver 15.89

31043 - Driver Courier 14.43

31260 - Parking and Lot Attendant 8.94

31290 - Shuttle Bus Driver 15.48

31310 - Taxi Driver 11.72

31361 - Truckdriver, Light 15.48

31362 - Truckdriver, Medium 19.56

31363 - Truckdriver, Heavy 20.37

31364 - Truckdriver, Tractor-Trailer 20.37

99000 - Miscellaneous Occupations

99030 - Cashier 10.51

99050 - Desk Clerk 9.85

99095 - Embalmer 21.86

99251 - Laboratory Animal Caretaker I 10.16

99252 - Laboratory Animal Caretaker II 10.67

99310 - Mortician 20.60

99410 - Pest Controller 16.86

99510 - Photofinishing Worker 12.01

99710 - Recycling Laborer 15.34

99711 - Recycling Specialist 18.38

99730 - Refuse Collector 13.77

99810 - Sales Clerk 11.95

99820 - School Crossing Guard 12.13

99830 - Survey Party Chief 20.46

99831 - Surveying Aide 11.36

99832 - Surveying Technician 18.61

99840 - Vending Machine Attendant 14.38

99841 - Vending Machine Repairer 17.05

99842 - Vending Machine Repairer Helper 14.38

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: \$3.16 per hour or \$126.40 per week or \$547.73 per
month

VACATION: 2 weeks paid vacation after 1 year of service with a
contractor or successor; 3 weeks after 5 years, and 4 weeks after 15
years. Length of service includes the whole span of continuous service
with the present contractor or successor, wherever employed, and with
the predecessor contractors in the performance of similar work at the
same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year, New Year\'s Day,
Martin Luther King Jr\'s Birthday, Washington\'s Birthday, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans\' Day, Thanksgiving
Day, and Christmas Day. (A contractor may substitute for any of the
named holidays another day off with pay in accordance with a plan
communicated to the employees involved.) (See 29 CFR 4174)

THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING
BENEFITS (as numbered):

1\) Does not apply to employees employed in a bona fide executive,
administrative, or professional capacity as defined and delineated in 29
CFR 541. (See CFR 4.156)

2\) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY
PAY: If you work at night as part of a regular tour of duty, you will
earn a night differential and receive an additional 10% of basic pay for
any hours worked between 6pm and 6am. If you are a full-time employed
(40 hours a week) and Sunday is part of your regularly scheduled
workweek, you are paid at your rate of basic pay plus a Sunday premium
of 25% of your basic rate for each hour of Sunday work which is not
overtime (i.e. occasional work on Sunday outside the normal tour of duty
is considered overtime work).

HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to
employees employed in a position that represents a high degree of hazard
when working with or in close proximity to ordinance, explosives, and
incendiary materials. This includes work such as screening, blending,
dying, mixing, and pressing of sensitive ordance, explosives, and
pyrotechnic compositions such as lead azide, black powder and photoflash
powder. All dry-house activities involving propellants or explosives.
Demilitarization, modification, renovation, demolition, and maintenance
operations on sensitive ordnance, explosives and incendiary materials.
All operations involving regrading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a
position that represents a low degree of hazard when working with, or in
close proximity to ordance, (or employees possibly adjacent to)
explosives and incendiary materials which involves potential injury such
as laceration of hands, face, or arms of the employee engaged in the
operation, irritation of the skin, minor burns and the like; minimal
damage to immediate or adjacent work area or equipment being used.

All operations involving, unloading, storage, and hauling of ordance,
explosive, and incendiary ordnance material other than small arms
ammunition. These differentials are only applicable to work that has
been specifically designated by the agency for ordance, explosives, and
incendiary material differential pay.

\*\* UNIFORM ALLOWANCE \*\*

If employees are required to wear uniforms in the performance of this
contract (either by the terms of the Government contract, by the
employer, by the state or local law, etc.), the cost of furnishing such
uniforms and maintaining (by laundering or dry cleaning) such uniforms
is an expense that may not be borne by an employee where such cost
reduces the hourly rate below that required by the wage determination.
The Department of Labor will accept payment in accordance with the
following standards as compliance:

The contractor or subcontractor is required to furnish all employees
with an adequate number of uniforms without cost or to reimburse
employees for the actual cost of the uniforms. In addition, where
uniform cleaning and maintenance is made the responsibility of the
employee, all contractors and subcontractors subject to this wage
determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount, or the furnishing of
contrary affirmative proof as to the actual cost), reimburse all
employees for such cleaning and maintenance at a rate of \$3.35 per week
(or \$.67 cents per day). However, in those instances where the uniforms
furnished are made of \"wash and wear\" materials, may be routinely
washed and dried with other personal garments, and do not require any
special treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards set
by the terms of the Government contract, by the contractor, by law, or
by the nature of the work, there is no requirement that employees be
reimbursed for uniform maintenance costs.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE
{Standard Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee
which is not listed herein and which is to be employed under the
contract (i.e., the work to be performed is not performed by any
classification listed in the wage determination), be classified by the
contractor so as to provide a reasonable relationship (i.e., appropriate
level of skill comparison) between such unlisted classifications and the
classifications listed in the wage determination. Such conformed classes
of employees shall be paid the monetary wages and furnished the fringe
benefits as are determined. Such conforming process shall be initiated
by the contractor prior to the performance of contract work by such
unlisted class(es) of employees. The conformed classification, wage
rate, and/or fringe benefits shall be retroactive to the commencement
date of the contract. {See Section 4.6 (C)(vi)} When multiple wage
determinations are included in a contract, a separate SF 1444 should be
prepared for each wage determination to which a class(es) is to be
conformed.

The process for preparing a conformance request is as follows:

1\) When preparing the bid, the contractor identifies the need for a
conformed occupation) and computes a proposed rate).

2\) After contract award, the contractor prepares a written report
listing in order proposed classification title), a Federal grade
equivalency (FGE) for each proposed classification), job description),
and rationale for proposed wage rate), including information regarding
the agreement or disagreement of the authorized representative of the
employees involved, or where there is no authorized representative, the
employees themselves. This report should be submitted to the contracting
officer no later than 30 days after such unlisted class(es) of employees
performs any contract work.

3\) The contracting officer reviews the proposed action and promptly
submits a report of the action, together with the agency\'s
recommendations and pertinent information including the position of the
contractor and the employees, to the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor, for review. (See
section 4.6(b)(2) of Regulations 29 CFR Part 4).

4\) Within 30 days of receipt, the Wage and Hour Division approves,
modifies, or disapproves the action via transmittal to the agency
contracting officer, or notifies the contracting officer that additional
time will be required to process the request.

5\) The contracting officer transmits the Wage and Hour decision to the
contractor.

6\) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or
bond paper.

When preparing a conformance request, the \"Service Contract Act
Directory of Occupations\" (the Directory) should be used to compare job
definitions to insure that duties requested are not performed by a
classification already listed in the wage determination. Remember, it is
not the job title, but the required tasks that determine whether a class
is included in an established wage determination. Conformances may not
be used to artificially split, combine, or subdivide classifications
listed in the wage determination.

The duties of employees under job titles listed are those described in
the \"Service Contract Act Directory of Occupations\", Fifth Edition,
April 2006, unless otherwise indicated. Copies of the Directory are
available on the Internet. A links to the Directory may be found on the
WHD home page at http://www.dol.gov/esa/whd/ or through the Wage
Determinations On-Line (WDOL) Web site at http://wdol.gov/.

[]{#toc_k .anchor}[SECTION K -- Representations, Certifications and
Other Statements of Offerors]{.smallcaps}

  ------------- ----------- --------------------------------------- -------------------
  []{#_toc_K1   52.204-08   [Annual Representations and             [January
  .anchor}K.1               Certifications]{.smallcaps}             2006]{.smallcaps}

  ------------- ----------- --------------------------------------- -------------------

(a)(1) The North American Industry Classification system (NAICS) code
for this acquisition is 924120.

\(2\) The small business size standard is unspecified.

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is
included in this solicitation, paragraph (c) of this provision applies.

\(2\) If the clause at 52.204-7 is not included in this solicitation,
and the offeror is currently registered in CCR, and has completed the
ORCA electronically, the offeror may choose to use paragraph (c) instead
of completing the corresponding individual representations and
certifications in the solicitation. The offeror shall indicate which
option applies by checking one of the following boxes:

\[ \] (i) Paragraph (c) applies

\[ \] (ii) Paragraph (c) does not apply and the offeror has completed
the individual representations and certifications in the solicitation.

\(c\) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) website at http://orca.bpn.gov. After
reviewing the ORCA database information, the offeror verifies by
submission of the offer that the representations and certifications
currently posted electronically have been entered or updated within the
last 12 months, are current, accurate, complete, and applicable to this
solicitation (including the business size standard applicable to the
NAICS code referenced for this solicitation), as of the date of this
offer and are incorporated in this offer by reference (see FAR 4.1201);
except for the changes identified below \[*offeror to insert changes,
identifying change by clause number, title, date*\]. These amended
representation(s) and/or certification(s) are also incorporated in this
offer and are current, accurate, and complete as of the date of this
offer.

  --------------------- -- --------------------- -- -------------------- -- ------------------------
  [FAR                     [Title]{.underline}      [Date]{.underline}      [Change]{.underline}
  Clause]{.underline}                                                       

                                                                            
  --------------------- -- --------------------- -- -------------------- -- ------------------------

Any changes provided by the offeror are applicable to this solicitation
only, and do not result in an update to the representations and
certifications posted on ORCA.

(End of provision)

[]{#toc_l .anchor}[SECTION L -- Instructions, Conditions and Notices to
Bidders]{.smallcaps}

  ------------- ----------- -----------------------------------------------------
  []{#_toc_L1   52.252-01   Solicitation Provisions Incorporated By Reference
  .anchor}L.1               

  ------------- ----------- -----------------------------------------------------

This solicitation incorporates one or more solicitation provisions by
reference, with the same force and effect as if they were given in full
text. Upon request, the Contracting Officer will make their full text
available. The offeror is cautioned that the listed provisions may
include blocks that must be completed by the offeror and submitted with
its quotation or offer. In lieu of submitting the full text of those
provisions, the offeror may identify the provision by paragraph
identifier and provide the appropriate information with its quotation or
offer. Also, the full text of a solicitation provision may be accessed
electronically at this/these address(es):

http://www.arnet.gov/far

http://www.usbr.gov/mso/aamd/et.html

http://www.doi.gov/pam/aindex.html

  ----------------- ---------------------------------------- -------------
  **Clause**        **Title**                                **Date**

  52.214-34         Submission Of Offers In The English      April 1991
                    Language                                 

  52.214-35         Submission Of Offers In U.S. Currency    April 1991

  52.237-10         Identification of Uncompensated Overtime October 1997
  ----------------- ---------------------------------------- -------------

  ------------- ------------- -------------------------------------- -------------------
  []{#_toc_L2   1452.215-71   [Use And Disclosure Of Proposal        [April
  .anchor}L.2                 Information \-- Department of the      1984]{.smallcaps}
                              Interior]{.smallcaps}                  

  ------------- ------------- -------------------------------------- -------------------

\(a\) 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)

  ------------- ------------ --------------------------------------- -------------------
  []{#_toc_L3   1452.233-2   [Service Of Protest \-- Department of   [July
  .anchor}L.3                the Interior (Deviation)]{.smallcaps}   1996]{.smallcaps}

  ------------- ------------ --------------------------------------- -------------------

\(a\) Protests, as defined in Section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO), shall
be served on the Contracting Officer (addressed as follows) by obtaining
written and dated acknowledgement of receipt from: Bureau of
Reclamation, Contracting Officer, 125 South State Street, Room 6107,
Salt Lake City, Utah 84138-1102.

\(b\) The copy of any protest shall be received in the office designed
above within one day of filing a protest with the GAO.

\(c\) A copy of the protest served on the Contracting Officer shall be
simultaneously furnished by the protester to the Department of the
Interior Assistant Solicitor for Procurement and Patents, 1849 C Street,
NW, Room 6511, Washington, D.C. 20240.

  ------------- ----------- --------------------------------------- -------------------
  []{#_toc_L4   52.204-06   [Data Universal Numbering System (DUNS) [April
  .anchor}L.4               Number]{.smallcaps}                     2008]{.smallcaps}

  ------------- ----------- --------------------------------------- -------------------

\(a\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed
by the DUNS number or "DUNS+4" that identifies the offeror\'s name and
address exactly as stated in the offer. The DUNS number is a nine-digit
number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS
number plus a 4-character suffix that may be assigned at the discretion
of the offeror to establish additional CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11)
for the same parent concern.

\(b\) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one.

\(1\) An offeror may obtain a DUNS number-

\(i\) Via the Internet at http://fedgov.dnb.com/webform or if the
offeror does not have internet access, it may call Dun and Bradstreet at
1-866-705-5711 if located within the United States; or

\(ii\) If located outside the United States, by contacting the local Dun
and Bradstreet office. The offeror should indicate that it is an offeror
for a U.S. Government contract when contacting the local Dun and
Bradstreet office.

\(2\) The offeror should be prepared to provide the following
information:

\(i\) Company legal business name.

\(ii\) Tradestyle, doing business, or other name by which your entity is
commonly recognized.

\(iii\) Company physical street address, city, state and Zip Code.

\(iv\) Company mailing address, city, state and Zip Code (if separate
from physical).

\(v\) Company telephone number.

\(vi\) Date the company was started.

\(vii\) Number of employees at your location.

\(viii\) Chief executive officer/key manager.

\(ix\) Line of business (industry).

\(x\) Company Headquarters name and address (reporting relationship
within your entity).

  ------------- ----------- --------------------------------------- -------------------
  []{#_toc_L5   52.215-01   [Instructions to Offerors\--Competitive [January
  .anchor}L.5               Acquisition]{.smallcaps}                2004]{.smallcaps}

  ------------- ----------- --------------------------------------- -------------------

\(a\) Definitions. As used in this provision\--

"Discussions" are negotiations that occur after establishment of the
competitive range that may, at the Contracting Officer\'s discretion,
result in the offeror being allowed to revise its proposal.

"In writing," "writing," or "written" means any worded or numbered
expression that can be read, reproduced, and later communicated, and
includes electronically transmitted and stored information.

"Proposal modification" is a change made to a proposal before the
solicitation\'s closing date and time, or made in response to an
amendment, or made to correct a mistake at any time before award.

"Proposal revision" is a change to a proposal made after the
solicitation closing date, at the request of or as allowed by a
Contracting Officer as the result of negotiations.

"Time," if stated as a number of days, is calculated using calendar
days, unless otherwise specified, and will include Saturdays, Sundays,
and legal holidays. However, if the last day falls on a Saturday,
Sunday, or legal holiday, then the period shall include the next working
day.

\(b\) Amendments to solicitations. If this solicitation is amended, all
terms and conditions that are not amended remain unchanged. Offerors
shall acknowledge receipt of any amendment to this solicitation by the
date and time specified in the amendment(s).

\(c\) Submission, modification, revision, and withdrawal of proposals.
(1) Unless other methods (e.g., electronic commerce or facsimile) are
permitted in the solicitation, proposals and modifications to proposals
shall be submitted in paper media in sealed envelopes or packages (i)
addressed to the office specified in the solicitation, and (ii) showing
the time and date specified for receipt, the solicitation number, and
the name and address of the offeror. Offerors using commercial carriers
should ensure that the proposal is marked on the outermost wrapper with
the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this
provision.

\(2\) The first page of the proposal must show\--

\(i\) The solicitation number;

\(ii\) The name, address, and telephone and facsimile numbers of the
offeror (and electronic address if available);

\(iii\) A statement specifying the extent of agreement with all terms,
conditions, and provisions included in the solicitation and agreement to
furnish any or all items upon which prices are offered at the price set
opposite each item;

\(iv\) Names, titles, and telephone and facsimile numbers (and
electronic addresses if available) of persons authorized to negotiate on
the offeror\'s behalf with the Government in connection with this
solicitation; and

\(v\) Name, title, and signature of person authorized to sign the
proposal. Proposals signed by an agent shall be accompanied by evidence
of that agent\'s authority, unless that evidence has been previously
furnished to the issuing office.

\(3\) Submission, modification, revision, and withdrawal of proposals.
(i) Offerors are responsible for submitting proposals, and any
modifications, or revisions so as to reach the Government office
designated in the solicitation by the time specified in the
solicitation. If no time is specified in the solicitation, the time for
receipt is 4:30 p.m., local time, for the designated Government office
on the date that proposal or revision is due.

(ii)(A) Any proposal, modification, or revision received at the
Government office designated in the solicitation after the exact time
specified for receipt of offers is "late" and will not be considered
unless it is received before award is made, the Contracting Officer
determines that accepting the late offer would not unduly delay the
acquisition; and-

\(1\) If it was transmitted through an electronic commerce method
authorized by the solicitation, it was received at the initial point of
entry to the Government infrastructure not later than 5:00 p.m. one
working day prior to the date specified for receipt of proposals; or

\(2\) There is acceptable evidence to establish that it was received at
the Government installation designated for receipt of offers and was
under the Government\'s control prior to the time set for receipt of
offers; or

\(3\) It is the only proposal received.

\(B\) However, a late modification of an otherwise successful proposal
that makes its terms more favorable to the Government, will be
considered at any time it is received and may be accepted.

\(iii\) Acceptable evidence to establish the time of receipt at the
Government installation includes the time/date stamp of that
installation on the proposal wrapper, other documentary evidence of
receipt maintained by the installation, or oral testimony or statements
of Government personnel.

\(iv\) If an emergency or unanticipated event interrupts normal
Government processes so that proposals cannot be received at the office
designated for receipt of proposals by the exact time specified in the
solicitation, and urgent Government requirements preclude amendment of
the solicitation, the time specified for receipt of proposals will be
deemed to be extended to the same time of day spec-ified in the
solicitation on the first work day on which normal Government processes
resume. (v) Proposals may be withdrawn by written notice received at any
time before award. Oral proposals in response to oral solicitations may
be withdrawn orally. If the solicitation authorizes facsimile proposals,
proposals may be withdrawn via facsimile received at any time before
award, subject to the conditions specified in the provision at 52.215-5,
Facsimile Proposals. Proposals may be withdrawn in person by an offeror
or an authorized representative, if the identity of the person
requesting withdrawal is established and the person signs a receipt for
the proposal before award.

\(4\) Unless otherwise specified in the solicitation, the offeror may
propose to provide any item or combination of items.

\(5\) Offerors shall submit proposals in response to this solicitation
in English, unless otherwise permitted by the solicitation, and in U.S.
dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign
Currency Offers, is included in the solicitation..

\(6\) Offerors may submit modifications to their proposals at any time
before the solicitation closing date and time, and may submit
modifications in response to an amendment, or to correct a mistake at
any time before award.

\(7\) Offerors may submit revised proposals only if requested or allowed
by the Contracting Officer.

\(8\) Proposals may be withdrawn at any time before award. Withdrawals
are effective upon receipt of notice by the Contracting Officer.

\(d\) Offer expiration date . Proposals in response to this solicitation
will be valid for the number of days specified on the solicitation cover
sheet (unless a different period is pro-posed by the offeror).

\(e\) Restriction on disclosure and use of data. Offerors that include
in their proposals data that they do not want dis-closed to the public
for any purpose, or used by the Government except for evaluation
purposes, shall-

\(1\) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the
Government and shall not be duplicated, used, or disclosed-in whole or
in part-for any purpose other than to evaluate this proposal. If,
however, a contract is awarded to this offeror as a result of-or in
connection with-the submission of this data, the Government shall have
the right to duplicate, use, or dis-close the data to the extent
provided in the resulting contract. This restriction does not limit the
Government\'s right to use information contained in this data if it is
obtained from another source without restriction. The data subject to
this restriction are contained in sheets \[insert numbers or other
identification of sheets\]; and

\(2\) Mark each sheet of data it wishes to restrict with the following
legend:

Use or disclosure of data contained on this sheet is subject to the
restriction on the title page of this proposal.

\(f\) Contract award. (1) The Government intends to award a contract or
contracts resulting from this solicitation to the responsible offeror(s)
whose proposal(s) represents the best value after evaluation in
accordance with the factors and subfactors in the solicitation.

\(2\) The Government may reject any or all proposals if such action is
in the Government\'s interest.

\(3\) The Government may waive informalities and minor irregularities in
proposals received.

\(4\) The Government intends to evaluate proposals and award a contract
without discussions with offerors (except clarifications as described in
FAR 15.306(a)). Therefore, the offeror\'s initial proposal should
contain the offeror\'s best terms from a cost or price and technical
standpoint. The Government reserves the right to conduct discussions if
the Contracting Officer later determines them to be necessary. If the
Contracting Officer determines that the number of proposals that would
otherwise be in the competitive range exceeds the number at which an
efficient competition can be conducted, the Contracting Officer may
limit the number of proposals in the competitive range to the greatest
number that will permit an efficient competition among the most highly
rated proposals.

\(5\) The Government reserves the right to make an award on any item for
a quantity less than the quantity offered, at the unit cost or prices
offered, unless the offeror specifies otherwise in the proposal.

\(6\) The Government reserves the right to make multiple awards if,
after considering the additional administrative costs, it is in the
Government\'s best interest to do so.

\(7\) Exchanges with offerors after receipt of a proposal do not
constitute a rejection or counteroffer by the Government.

\(8\) The Government may determine that a proposal is unacceptable if
the prices proposed are materially unbalanced between line items or
subline items. Unbalanced pricing exists when, despite an acceptable
total evaluated price, the price of one or more contract line items is
significantly overstated or understated as indicated by the application
of cost or price analysis techniques. A proposal may be rejected if the
Contracting Officer determines that the lack of balance poses an
unacceptable risk to the Government.

\(9\) If a cost realism analysis is performed, cost realism may be
considered by the source selection authority in evaluating performance
or schedule risk.

\(10\) A written award or acceptance of proposal mailed or otherwise
furnished to the successful offeror within the time specified in the
proposal shall result in a binding contract without further action by
either party.

\(11\) If a post-award debriefing is given to requesting offerors, the
Government shall disclose the following information, if applicable:

\(i\) The agency\'s evaluation of the significant weak or deficient
factors in the debriefed offeror\'s offer.

\(ii\) The overall evaluated cost or price and technical rating of the
successful and the debriefed offeror and past performance information on
the debriefed offeror.

\(iii\) The overall ranking of all offerors, when any ranking was
developed by the agency during source selection.

\(iv\) A summary of the rationale for award.

\(v\) For acquisition of commercial items, the make and model of the
item to be delivered by the successful offeror.

(End of provision)

  ------------- ----------- --------------------------------------- -------------------
  []{#_toc_L6   52.216-01   [Type Of Contract]{.smallcaps}          [April
  .anchor}L.6                                                       1984]{.smallcaps}

  ------------- ----------- --------------------------------------- -------------------

The Government contemplates award of a firm fixed price, service,
performance based with award fee, IDIQ type contract resulting from this
solicitation.

  ------------- ----------- --------------------------------------- -------------------
  []{#_toc_L7   52.216-27   [Single or Multiple Awards]{.smallcaps} [October
  .anchor}L.7                                                       1995]{.smallcaps}

  ------------- ----------- --------------------------------------- -------------------

The Government may elect to award a single delivery order contract or
task order contract or to award multiple delivery order contracts or
task order contracts for the same or similar supplies or services to two
or more sources under this solicitation.

  ------------- ----------- --------------------------------------- -------------------
  []{#_toc_L8   52.233-02   [Service Of Protest                     [September
  .anchor}L.8               (Deviation)]{.smallcaps}                2006]{.smallcaps}

  ------------- ----------- --------------------------------------- -------------------

\(a\) Protests, as defined in section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the Government Accountability Office (GAO),
shall be served on the Contracting Officer (addressed as follows) by
obtaining written and dated acknowledgment of receipt from

> 125 South State Street, Room 6107
>
> Salt Lake City, UT 84138-1147

\(b\) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.

\(c\) A copy of the protest served on the Contracting Officer shall be
simultaneously furnished by the protester to the Department of the
Interior Assistant Solicitor for Procurement and Patents, 1849 C Street,
NW, Room 6511, Washington DC 20240.

  ------------- ----------- --------------------------------------- -------------------
  []{#_toc_L9   52.237-01   [Site Visit]{.smallcaps}                [April
  .anchor}L.9                                                       1984]{.smallcaps}

  ------------- ----------- --------------------------------------- -------------------

Offerors or quoters are urged and expected to inspect the site where
services are to be performed and to satisfy themselves regarding all
general and local conditions that may affect the cost of contract
performance, to the extent that the information is reasonably
obtainable. In no event shall failure to inspect the site constitute
grounds for a claim after contract award.

An organized site visit has been scheduled for\--

July 1, 9:00 a.m.

Participants will meet at\--

The Grand Junction Wildlife Area Office Building

> located at 311 25 ¾ Road, Grand Junction, Colorado 81503

For questions regarding the site visit location and requirements, please
contact Terence Stroh at (970) 248-0608.

(End of provision)

  -------------- ------------- -------------------------------------- -------------------
  []{#_toc_L10   WBR           [Notice Of Intent To Acquire Metric    [March
  .anchor}L.10   1452.211-80   Products And Services \-- Bureau of    1993]{.smallcaps}
                               Reclamation]{.smallcaps}               

  -------------- ------------- -------------------------------------- -------------------

\(a\) Metric Transition Plan. The Department of the Interior on December
6, 1991, issued a Metric Transition Program (Part 758 Department Manual
Chapter 1) to establish and describe the program\'s policies and
responsibilities. The Bureau of Reclamation (Reclamation), has developed
a Metric Transition Plan to implement metrication in Reclamation. This
plan describes Reclamation\'s overall strategy for using the metric
system, defines general requirements and procedures for carrying out the
transition, and details the tasks with milestones for Reclamation
offices to complete.

\(b\) The Omnibus Trade and Competitiveness Act of 1988 (Trade Act).

\(1\) Section 5164 of Public Law 100-418, the Trade Act, amended the
Metric Conversion Act of 1975 and designated the metric system of
weights and measures for United States trade and commerce.

\(2\) The Trade Act establishes September 30, 1992 as the implementation
date (to the extent economically feasible) for Federal agencies to use
the metric system of measurement in its procurements, grants, and other
business-related activities.

\(3\) The Trade Act permits exceptions to the use of the metric system
to the extent that such use is impractical or is likely to cause
significant inefficiencies or loss of markets to United States firms,
such as when foreign competitors are producing competing products in
non-metric units.

\(4\) As a result of the Trade Act, the President issued Executive Order
12770 dated July 25, 1991, to implement the congressional designation of
the metric system as the preferred system of weights and measures for
United States trade and commerce.

\(c\) Bureau of Reclamation Implementation. As a result of the Trade
Act, Reclamation will, to the maximum extent practicable, use hard
conversion and soft conversion metric systems in designing its
construction projects, eventually phasing out use of the soft conversion
metric system. Exceptions to this policy will only be made when such use
is impractical, produces inefficiencies or market losses, or is not
economically feasible.

\(d\) Expected Results. Reclamation expects its support of the metric
system to result in increased use of the metric system by U.S.
contractors, thereby increasing their ability to compete in the
international marketplace. Increasing use of the metric system by U.S.
contractors will eliminate possible restrictions on their bidding in the
international marketplace and will eliminate any impact of economic
blocks by metric countries restricting the acceptance of non-metric
products.

  -------------- ------------- -------------------------------------- -------------------
  []{#_toc_L11   WBR           [Source Evaluation And Selection       [May
  .anchor}L.11   1452.215-80   Procedures \-- Bureau of               2005]{.smallcaps}
                               Reclamation]{.smallcaps}               

  -------------- ------------- -------------------------------------- -------------------

The Government intends to evaluate proposals submitted under this
solicitation and select a source for contract award without discussions
(unless the contracting officer later determines discussions to be
necessary) in accordance with the following provision: FAR 52.215-1
Instructions to Offerors \-- Competitive Acquisition (JAN 2004). Source
selection shall be in accordance with procedures contained in FAR Part
15, Department of the Interior Acquisition Regulation (DIAR) Part 1415
(48 CFR 1415) and Bureau of Reclamation Acquisition Regulation WBR Part
1415. These procedures are summarized as follows:

\(a\) Technical evaluation. Technical proposals are being requested in
order to obtain information to be used in the evaluation process*.* A
Technical Proposal Evaluation Committee has been established to
objectively evaluate technical proposals in accordance with the
Evaluation Factors for Award \-- Bureau of Reclamation provision in Part
IV, Section M of this solicitation. Technical proposals shall be
submitted in accordance with the Technical Proposal Instructions \--
Bureau of Reclamation provision in Part IV, Section L of this
solicitation.

\(b\) Past Performance Evaluation. In addition to any other past
performance information required under the solicitation, the Contracting
Officer (CO) shall use past performance information available from the
Past Performance Information Retrieval system (PPIRS.GOV) in the source
selection process on offerors competing for awards in excess of
\$100,000, unless the CO has documented an exception from past
performance consideration in accordance with FAR 15.304(c)(2)(iv).

\(c\) Clarifications. Clarifications are limited exchanges, between the
Government and offerors that may occur when award without discussions is
contemplated. If award will be made without conducting discussions,
offerors may be given the opportunity to clarify certain aspects of
proposals (e.g., the relevance of an offeror\'s past performance
information and adverse past performance information to which the
offeror has not previously had an opportunity to respond) or to resolve
minor or clerical errors.

\(d\) Communications. Communications are exchanges, between the
Government and offerors, after receipt of proposals, leading to
establishment of the competitive range. Communications may be conducted
to enhance Government understanding of proposals, allow reasonable
interpretation of the proposal, or facilitate the Government\'s
evaluation process. Such communications may not be used to cure proposal
deficiencies or material omissions, materially alter the technical or
cost elements of the proposal, and/or otherwise revise the proposal.
Communications are for the purpose of addressing issues that must be
explored to determine whether a proposal should be placed in the
competitive range. They shall not provide an opportunity for the offeror
to revise its proposal, but may address ambiguities in the proposal or
other concerns and information relating to past performance.

\(e\) Competitive range. If discussions are to be conducted, the
contracting officer shall establish the competitive range based on the
ratings of each proposal against all evaluation criteria. The
competitive range shall comprise all the most highly rated proposals,
unless the range is further reduced for purposes of efficiency. The
contracting officer may determine that the number of most highly rated
proposals that might otherwise be included in the competitive range
exceeds the number at which an efficient competition can be conducted.
The contracting officer may then limit the number of proposals in the
range to the greatest number that will permit an efficient competition
among the most highly rated proposals. If, after discussions have begun
(see paragraph (g) below), an offeror originally in the competitive
range is no longer considered to be among the most highly rated offerors
being considered for award, that offeror may be eliminated from the
range whether or not all material aspects of the proposal have been
discussed, or whether or not the offeror has been afforded an
opportunity to submit a proposal revision.

\(f\) Preaward debriefing of offerors. Offerors excluded from the
competitive range or otherwise excluded from further consideration prior
to the final source selection decision may request a debriefing before
award. The process for requesting and conducting preaward debriefings
may be found at FAR 15.505.

\(g\) Discussions. Discussions are exchanges between the Government and
offerors, after establishment of the competitive range, that are
undertaken with the intent of allowing the offeror to revise its
proposal. These discussions may include bargaining, including
persuasion, alteration of assumptions and positions, give-and-take, and
may apply to price, schedule, technical requirements, type of contract,
or other terms of a proposed contract. Discussions are tailored to each
offeror\'s proposal, and shall be conducted by the contracting officer
with each offeror within the competitive range. The primary objective of
discussions is to maximize the Government\'s ability to obtain best
value, based on the requirement and the evaluation factors set forth in
the solicitation.

\(h\) Proposal revisions. The contracting officer may request or allow
proposal revisions to clarify and document understandings reached during
negotiations. At the conclusion of discussions, each offeror in the
competitive range shall be given an opportunity to submit a final
proposal revision. The contracting officer is required to establish a
common cut-off date only for receipt of final proposal revisions.
Requests for final proposal revisions shall advise offerors that the
final proposal revisions shall be in writing and that the Government
intends to make award without obtaining further revisions.

\(i\) Preaward survey. A Government survey activity may contact an
offeror, or visit its facility, to obtain information for determining
its financial resources and/or its technical capabilities to perform the
work when available information is not sufficient for the Contracting
Officer to make a determination regarding contractor responsibility as
required by FAR Subpart 9.1. Current financial statements and other
information required to make this determination shall be made available
to the survey activity. Information provided shall be protected from
release or disclosure outside the Government, except as provided in FAR
Subpart 24.2, Freedom of Information Act.

\(j\) Organizational conflicts of interest. Award will not be made to an
apparent successful offeror when an organizational conflict of interest
is determined to exist and cannot be avoided or mitigated, unless the
Contracting Officer determines that award is in the best interest of the
United States and a waiver is obtained pursuant to DIAR 1409.503 (48 CFR
1409.503).

\(k\) Source selection decision. The source selection authority\'s (SSA)
decision shall be based on a comparative assessment of proposals against
all source selection criteria in the solicitation. While the SSA may use
reports and criteria prepared by others, the source selection decision
shall represent the SSA\'s independent judgment. The source selection
decision shall be documented, and the documentation shall include the
rationale for any business judgments and tradeoffs made or relied on by
the SSA, including benefits associated with additional costs. Although
the rationale for the selection decision must be documented, that
documentation need not quantify the tradeoffs that led to the decision.

\(l\) Postaward notice. After contract award, unsuccessful offerors will
be provided with written notice regarding contract award (including the
information listed in FAR 15.503(b)) by the Contracting Officer.
Offerors receiving prior notice of exclusion from the competitive range
under paragraph (f) of this provision will not receive this notice.

\(m\) Postaward debriefing of offerors. An offeror shall be debriefed
and furnished the basis for the source selection decision and contract
award if its written request is received by the contracting officer
within three days after the offeror receives notice of contract award.
The process for requesting and conducting postaward debriefings may be
found at FAR 15.506.

(End of provision)

  -------------- ------------- -------------------------------------- -------------------
  []{#_toc_L12   WBR           [General Proposal Instructions \--     [January
  .anchor}L.12   1452.215-81   Bureau of Reclamation]{.smallcaps}     1998]{.smallcaps}

  -------------- ------------- -------------------------------------- -------------------

In addition to the requirements of the Preparation of Offers provision
of this solicitation, each offeror shall submit a proposal in accordance
with the instructions contained in this provision.

\(a\) *General contents*. Each proposal shall:

\(1\) Be specific and complete in every detail;

\(2\) Conform to all solicitation provisions, clauses, or other
requirements;

\(3\) Be logically assembled, practical, legible, clear, concise,
coherent; and indexed (cross-indexed, where appropriate); and

\(4\) Contain appropriately numbered pages of each volume or part.

\(b\) *Arrangement of Proposal*. The proposal shall consist of three (3)
physically separated volumes, individually entitled as stated below. The
required number of copies for each volume are shown below:

  ---------------------- --------------------------------------- -----------------------
  [Volume]{.underline}   [Title]{.underline}                     [Copies
                                                                 Required]{.underline}

  I                      Representations, Certifications, and    1
                         Other Statements of Offerors            

  II                     Technical Proposal                      5

  III                    Pricing Proposal                        1
  ---------------------- --------------------------------------- -----------------------

\(c\) *Separation of volumes*. All copies of each proposal volume (i.e.,
all copies of Volume I) are to be packaged individually and clearly
marked to identify contents. The exterior of each package containing
proposals shall be marked with the solicitation number, and the time and
date for receipt of proposals and the name and address of the offeror,
in order to prevent mishandling.

\(d\) *Representations, certifications, and other offeror statements
(Volume I).* Volume I shall incorporate the other Volumes by reference,
but shall not physically include them. It shall consist of:

\(1\) A fully executed Solicitation, Offer, and Award form required by
Part I, Section A of this solicitation. It shall be used as the cover
sheet (or first page) of each copy of Volume I;

\(2\) Fully executed and completed offeror representations,
certifications, and acknowledgments required by Part IV, Section K of
this solicitation;

\(3\) Additional information required by the solicitation to be
furnished by the offeror which is not required to be obtained in another
volume of the proposal;

\(4\) Make or Buy Program (if applicable);

\(5\) Requests for any waivers of any solicitation provisions or
contract clauses; and

\(6\) A summary of any exemptions from, or deviations to, any other
solicitation requirements.

\(e\) *Technical Proposal (Volume II)* Refer to the requirements
contained in the Technical Proposal Instructions \-- Bureau of
Reclamation provision of this solicitation, Part IV, Section L.

\(f\) *Pricing Proposal (Volume III)*. Refer to the requirements
contained in the Pricing Proposal Instruction \-- Bureau of Reclamation
provision of this solicitation, Part IV, Section L. Offerors are hereby
notified that even if certified cost or pricing data are not initially
requested in this solicitation, the Contracting Officer reserves the
right to request such data if they are later found necessary pursuant to
FAR 15.804-6(a)(1).

  -------------- ------------- -------------------------------------- -------------------
  []{#_toc_L13   WBR           [Technical Proposal Instructions \--   [January
  .anchor}L.13   1452.215-82   Bureau of Reclamation]{.smallcaps}     1998]{.smallcaps}

  -------------- ------------- -------------------------------------- -------------------

\(a\) *General*. The technical proposal shall be identified as Volume II
of the offeror\'s proposal and shall be an orderly, specific, and
complete document in every detail. It should be presented in a manner
which allows it to "stand alone" without the need to reference other
documents. It should convincingly describe the capability of the
offeror\'s organization to participate in this project and effectively
demonstrate a thorough understanding of the work statement contained in
Part I, Section C of this solicitation. The proposal shall be organized
and written so that it can be easily read and meaningfully evaluated by
Reclamation personnel from a variety of different functional and
technical disciplines. It should be a coherent document free of internal
inconsistencies as well as inconsistencies with other volumes of the
proposal.

\(b\) *Use and Disclosure of Proposal Information*. In accordance with
the *Use and Disclosure of Proposal Information \-- Department of the
Interior* provision of this solicitation, offerors shall mark trade
secret or confidential commercial or financial information contained in
the proposal with the restrictive legends specified. The offeror shall
also clearly and separately mark all proprietary information (as defined
in FAR 3.104-3) contained in the proposal with the restrictive legend
"Proprietary Information."

\(c\) *Format and Content*. To assist in the uniform evaluation of
proposals, the following format shall be utilized in preparing the
technical proposal:

\(1\) *Table of contents*. The Table of Contents shall list all sections
of the technical proposal. Any future amendments, additions and/or
revisions to the proposal shall be included in an updated Table of
Contents;

\(2\) *Index*. The index shall cross reference the work statement to the
terms of the proposal and indicate how the proposal conforms to the
evaluation factors contained in Part IV, Section M;

\(3\) *Enclosures*. The enclosures shall include a list of any tables,
drawings, charts, and any other enclosures which summarize data or
information;

\(4\) *Executive summary*. The Executive Summary shall include a brief
discussion of how the required work will be performed and important
highlights of the proposal.

\(5\) *Technical approach proposed to accomplish the work statement*.
The discussion of the technical approach shall:(i) Contain detailed
explanations of proposed approaches to performing and accomplishing the
work, including preliminary design and other information indicating
configuration and functions of components as applicable, and a specific
outline of the actual tasks proposed to be performed in order to
complete the work. Repeating the work statement without elaborating on
the specific tasks to be performed is unacceptable;

\(ii\) Contain a specific statement of any problems or major
difficulties anticipated in performing or accomplishing the work, an
evaluation of the various methods considered for resolution of the
problems/difficulties, substantiation of the method(s) selected,
principles or techniques which are proposed to solve the problem, and
the degree of success expected;

\(iii\) Include specific statements of any interpretations, deviations,
and exceptions to the work statement, specifications, or other
solicitation requirements (unless alternate proposals are permitted by
the General Proposal Instructions \-- Bureau of Reclamation provision of
this solicitation, offerors are cautioned that deviations and exceptions
to the solicitation requirements may be detrimental to the evaluation of
a proposal);

***Address all technical approach factors and sub-factors as follows:***

  -----------------------------------------------------------------------
  [Technical Evaluation Criteria]{.smallcaps}

  \(1\) Management and Administration

  \(i\) Safety Program

  \(ii\) Operations & Maintenance Management Plan

  \(iii\) QA/QC Program

  \(iv\) Computer Maintenance Management System Program

  \(v\) Site Security Program

  \(vi\) Personnel Training Program

  \(vii\) Acquisition and Warehousing Program

  \(2\) Corporate Approach

  \(i\) Phase-In Plan
  -----------------------------------------------------------------------

> \(1\) -- Management and Administration
>
> \(i\) Safety Program -- Provide a Safety Plan outlining required
> safety programs and procedures that will be established, list of
> safety training with frequency, safety meetings to be conducted,
> frequency of safety inspections to be conducted, and how deficiencies
> will be addressed. Provide corporate safety record for the past 3
> years. The offerors should include, but not limit it to any lost time
> injuries, OSHA violations, safety awards, and recognitions.
>
> \(ii\) Operations & Maintenance Management Plan (OMMP) -- Provide a
> comprehensive written OMMP that will describe how the work shall be
> performed. The description of the OMMP should contain all of the
> Maintenance and Administration subfactor elements, describe how each
> element will be incorporated into daily Facility activities, and
> specify personnel positions that will be responsible for each program.
> Maintenance and Administration subfactor elements are:

-   Safety Program

-   Quality Assurance and Quality Control (QA/QC) Program

-   Computer Maintenance Management System (CMMS)

-   Standing Operating Procedure

-   Maintenance Procedure

-   Site Security Program

-   Acquisition and Warehousing Program

-   Personnel Training Program

> \(iii\) QA/QC Program -- Provide a description of the QA/QC program
> that will ensure that operations and maintenance of the Facility are
> performed in accordance with established Standing Operating Procedures
> and Maintenance Procedures. The description should include details of
> the methods that the Contractor will employ to ensure accuracy of all
> O&M activities.
>
> \(iv\) Computer Maintenance Management System Plan -- Provide a
> description of the CMMS, what tasks will be accomplished by utilizing
> the CMMS, the level of support that will accompany implementation of
> the program, and the positions responsible for program implementation.
>
> \(v\) Site Security Program -- Provide details of the Site Security
> Program that identify specific access and security procedures to be
> implemented and the positions responsible for program implementation.
>
> \(vi\) Personnel Training Program -- Provide a description of the
> training program and how it will be implemented to ensure that all
> personnel are adequately trained in their respective field and the
> level of cross training to be provided.
>
> \(vii\) Acquisition and Warehousing Program -- Provide a description
> of the Acquisition and Warehousing Program that identifies how
> components, equipment and supplies are acquired, received, and
> stored/installed, and what positions are responsible for program
> implementation.
>
> \(2\) Corporate Approach
>
> \(i\) Phase-In Plan -- Provide a phase-in plan, including overall
> schedule and narrative, and specify when all Contractor personnel will
> arrive onsite and what actions will be taken to fulfill required
> capabilities at the start of the contract.

\(6\) *Offeror Experience and Past Performance*. Provide a list of
projects similar in scope and magnitude to the work required under this
solicitation which the offeror has completed during the last 3 years.

  -----------------------------------------------------------------------
  [Experience and Past Performance]{.smallcaps}

  \(1\) Corporate Experience and Past Performance

  \(2\) Key Personnel

  \(i\) Project Manager

  \(ii\) Operations Supervisor
  -----------------------------------------------------------------------

\(1\) Corporate Experience and Past Performance --

\(i\) Identify the contract name;

\(ii\) Contract value;

\(iii\) Contract term;

\(iv\) Contract number;

\(v\) Current point of contact;

\(vi\) Current phone number

\(vii\) Describe any performance awards the company has received that
are relevant to the operation of this type of facility;

\(viii\) Clearly explain how this experience relates to the work
requirements of the Statement of Work (SOW) in this solicitation; and

\(ix\) Provide a description of each company relating to its size and
facilities, and a matrix indicating the job versus the work described in
the SOW.

\(2\) Key Personnel -- Provide resumes of all key management personnel
(See Section C.11.3). Resumes shall include name, period of employment,
title, level of responsibility, company affiliation, previous
experience, and education relevant to the proposed position, desalting
experience, water treatment experience. State whether key management
personnel are currently on the Offeror's payroll, if not, provide
verification that such personnel have made a commitment for employment
in the positions. All key personnel shall have a minimum high school
diploma or equivalency.

(2)(i) Project Manager -- Provide documentation that the manager has a
minimum 3 years experience in management of large pumping plant
operations and maintenance through suitable on-the-job and formal
training. The proposed manager shall have a combination of education
and/or experience that provides the necessary knowledge, skills, and
abilities.

(2)(ii) Operations Supervisor -- Provide documentation that the
operations supervisor has minimum 3 years experience in large plant
operations through suitable on-the-job and formal training.

\(7\) *Small Business*. Provide information (similar to a subcontracting
plan) which will allow the Government to evaluate all of the offerors on
the basis of the extent to which offerors identify and commit to utilize
SB, SDB, WOSB, HUBZone, VOSB, and Service Disabled VOSB as joint venture
members, teaming arrangement members, or as subcontractors (see
provision M.2(d)(viii)).

\(d\) *Cost/Price Information*. To permit objective evaluation of the
technical proposal, no cost or price information shall be included in
the technical proposal.

(End of provision)

  -------------- ------------- ------------------------------------- -------------------
  []{#_toc_L14   WBR           [Pricing Proposal Instructions \--    [January
  .anchor}L.14   1452.215-83   Bureau of Reclamation]{.smallcaps}    1998]{.smallcaps}

  -------------- ------------- ------------------------------------- -------------------

\(a\) *General*. The pricing proposal shall be identified as Volume III
of the offeror\'s proposal and shall be an orderly, specific, and
complete document in every detail. It should be a coherent document free
of internal inconsistencies and should be consistent with the technical
approach(es) proposed in the technical proposal (Volume II). Offerors
are hereby notified that even though certified cost or pricing data are
not initially requested in this solicitation, the Contracting Officer
reserves the right to request such data if they are later found
necessary pursuant to FAR 15.804-6(a)(1).

\(b\) *Use and Disclosure of Proposal Information*. In accordance with
the *Use and Disclosure of Proposal Information \-- Department of the
Interior* provision of this solicitation, offerors shall mark trade
secret or confidential commercial or financial information contained in
the proposal with the restrictive legends specified. The offeror shall
also clearly and separately mark all proprietary information (as defined
in FAR 3.104-3) contained in the proposal with the restrictive legend
"Proprietary Information."

\(c\) *Format and Content*. To assist in the uniform evaluation of
proposals, the following format shall be utilized in preparing the
pricing proposal:

\(1\) *Table of contents*. The Table of Contents shall list all sections
of the pricing proposal. Any amendments, additions and/or revisions to
the proposal, up to the date of agreement on price, shall include an
updated Table of Contents;

\(2\) *Index*. The index shall cross reference the work statement to the
terms of the proposal and indicate how the proposal conforms to the
evaluation factors contained in Part IV, Section M of this solicitation;

\(3\) *Enclosures*. A list shall be included of all enclosures,
attachments, tables, drawings, charts, and any other material which
summarize data or information contained or referenced in the pricing
proposal.

\(4\) *Pricing proposal breakdown*. The offeror shall submit Section B
of the contract Schedule (Part I of this solicitation) with its proposed
total prices/costs for each contract line item (including any options)
and proposed unit price(s), if required. In addition, a total proposed
price consisting of the sum of all contract line items (excluding
options) shall be submitted. Offerors are hereby notified that even
though additional data to support proposed prices are not initially
requested in this solicitation, the Contracting Officer reserves the
right to request such data if they are later found necessary*.*

\(d\) *Cost Information in Other Volumes*. No cost information shall be
included in any other volume of a proposal unless required by paragraph
(d) of the Technical Proposal Instructions \-- Bureau of Reclamation
provision of this solicitation.

\(e\) *Page Numbering*. All pages in the cost proposal should be
consecutively numbered (including pages with tables and exhibits). The
offeror shall clearly identify all exhibits and supporting information.

\(f\) *Rounding of Costs*. All price or cost amounts proposed shall be
expressed to the nearest whole dollar except for individual hourly labor
rates (if required). All percentages shall be expressed to one decimal
place.

\(g\) *Alternate Proposals*. If submission of alternate technical
proposals is permitted by the General Proposal Instructions \-- Bureau
of Reclamation provision of this solicitation, the offeror shall submit
a separate, detached pricing proposal conforming to the requirements of
this provision for each alternate submitted. The alternate pricing
proposal(s) shall be clearly labeled and identified.

(End of provision)

  -------------- ------------- -------------------------------------- -------------------
  []{#_toc_L15   WBR           [Notice of Trade Agreements Act        [May
  .anchor}L.15   1452.225-82   Evaluations \-- Bureau of              2005]{.smallcaps}
                               Reclamation]{.smallcaps}               

  -------------- ------------- -------------------------------------- -------------------

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, Trade Agreements, 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 below without regard to the
restrictions of the Buy American Act:

  ----------------- ----------------- ----------------- -----------------
  Trade Agreement   Supply Contract   Service Contract  Construction

  TAA/CEBTI\*       \$175,000         \$175,000         \$6,725,000

  FTAs\*\*                                              

  NAFTA --          \$58,550          \$58,550          \$6,725,000
  Australia                                             

  NAFTA -- Canada   \$175,000         \$175,000         \$7,611,532

  NAFTA -- Mexico   \$58,550          \$58,550          \$7,611,532

  NAFTA -- Morocco  \$175,000         \$175,000         \$7,611,532

  Chile FTA         \$58,550          \$58,550          \$6,725,000

  Singapore FTA     \$58,550          \$58,550          \$6,725,000

  Israeli Trade Act \$175,000                           
  ----------------- ----------------- ----------------- -----------------

\*Trade Agreements Act/Caribbean Basin Trade Initiative

\*\*Free Trade Agreements

  ------ ------------- -------------------------------------- -------------------
  L.16   WBR           [Notice Of Proposed Partnering \--     [May
         1452.233-82   Bureau of Reclamation]{.smallcaps}     1994]{.smallcaps}

  ------ ------------- -------------------------------------- -------------------

Reclamation policy is to try to resolve all contractual issues in
controversy by mutual agreement through the use of an appropriate
alternative disputes resolution process. Thus to most effectively
complete the work required under the future contract, the Bureau of
Reclamation proposes to mutually form a [voluntary]{.underline}
Partnering arrangement with the Contractor. This bilateral relationship
would strive for mutual trust, dedication to common goals, and a
understanding of each other\'s individual expectations and values. The
expected benefits would include improved efficiency, cost effectiveness
and innovation between all parties to ensure a quality deliverable that
is completed on time and within budget. Any cost associated with
implementing this Partnering arrangement will be agreed to by both
parties and will be shared equally, with no change in contract price.
Additional information on Partnering and suggested implementation
procedures are contained in the Bureau of Reclamation "Partnering" guide
book, that is available from the contracting officer.

(End of provision)

[]{#toc_m .anchor}[SECTION M -- Evaluation Factors for
Award]{.smallcaps}

  ------------- ----------- -----------------------------------------------------
  []{#_toc_M1   52.252-01   Solicitation Provisions Incorporated By Reference
  .anchor}M.1               

  ------------- ----------- -----------------------------------------------------

This solicitation incorporates one or more solicitation provisions by
reference, with the same force and effect as if they were given in full
text. Upon request, the Contracting Officer will make their full text
available. The offeror is cautioned that the listed provisions may
include blocks that must be completed by the offeror and submitted with
its quotation or offer. In lieu of submitting the full text of those
provisions, the offeror may identify the provision by paragraph
identifier and provide the appropriate information with its quotation or
offer. Also, the full text of a solicitation provision may be accessed
electronically at this/these address(es):

http://www.arnet.gov/far

http://www.usbr.gov/mso/aamd/et.html

http://www.doi.gov/pam/aindex.html

  ----------------- ---------------------------------------- -------------
  **Clause**        **Title**                                **Date**

  52.217-05         Evaluation Of Options                    July 1990
  ----------------- ---------------------------------------- -------------

+----+----------+-------------------------------------+---------------+
| M  | WBR      | [Evaluation Factors For Award -     | [May          |
| .2 | 145      | Quality Predominance \-- Bureau of  | 2005          |
|    | 2.215-85 | Reclamation]{.smallcaps}            | ]{.smallcaps} |
|    |          |                                     |               |
|    | [        |                                     |               |
|    | Alt]{.sm |                                     |               |
|    | allcaps} |                                     |               |
|    | I        |                                     |               |
+----+----------+-------------------------------------+---------------+

\(a\) Award will be made to the responsible offeror submitting a
proposal which conforms to the solicitation and is most advantageous to
the Government considering the factors and any significant subfactors
listed in this provision.

\(b\) In the evaluation of proposals, all evaluation factors other than
cost or price (listed in this provision), when combined, are considered
to be significantly more important than cost or price. The relative
importance to be placed on the factors in relation to each other is
contained in paragraph (e) of this provision. However, the degree of
importance of cost or price may increase with the degree of non-cost or
non-price equality between the proposals. If a proposal is determined by
the Contracting Officer to be "technically unacceptable" as a result of
evaluating all factors other than cost or price, the proposal may be
rejected from further consideration. The Contracting Officer reserves
the right to make award to other than the technically-acceptable offeror
with the lowest cost/price proposal if it is determined that the
technical benefits of another offeror\'s proposal justify its higher
cost/price. The Contracting Officer also reserves the right to make
award to a lower-cost/price, lower-scored offeror if it is determined
that the cost/price premium involved in awarding to a higher-rated,
higher-cost/price offeror is not justified. Since technical proposals
are being solicited to obtain information to be used in the evaluation,
the Government reserves the right to use information outside of the
proposal to evaluate the capability of offerors and the value of offers.

\(c\) Pursuant to FAR 15.305, a cost or price evaluation may be
performed to determine the reasonableness of costs or prices proposed
and the offeror\'s understanding of, and ability to perform, the
prospective contract.

\(d\) The following factors and significant subfactors (if listed) ,
will be considered in evaluating proposals and making the source
selection:

**[Evaluation Of Technical Criteria]{.smallcaps}**

> \(i\) Scoring . The following scores will be used in evaluating each
> technical subcriterion and the technical proposal as a whole:

  ------------------ ----------------------------------------------------
  "Outstanding"      Fully meets all solicitation requirements and offers
                     provisions that are anticipated to result in the
                     highest level of efficiency, productivity and
                     overall quality. Response exceeds a "Better" rating.

  "Better"           Fully meets all solicitation requirements and offers
                     provisions that are anticipated to result in a high
                     level of efficiency, productivity and overall
                     quality in most areas. Response exceeds an
                     "Acceptable" rating.

  "Acceptable"       Meets all solicitation requirements and offers
                     provisions that are anticipated to result in a
                     satisfactory level of performance. Although all
                     solicitation requirements are met, more efficient
                     and productive methods could be employed.

  "Marginal"         Less than "Acceptable." There are some deficiencies
                     in the technical proposal. However, given the
                     opportunity for discussions, the technical proposal
                     has a reasonable chance of becoming at least
                     "Acceptable." (Areas of a technical proposal which
                     remain to be "Marginal" after "Final Proposal
                     Revisions" shall not be subject to further
                     discussion or revision.) If award is made on initial
                     proposals, there will not be an opportunity for
                     discussions, nor a chance to become at least
                     "Acceptable."

  "Unacceptable"     Technical proposal has many deficiencies and/or
                     gross omissions: Failure to understand much of the
                     scope of work necessary to perform the required
                     tasks; failure to provide a reasonable, logical
                     approach to fulfilling much of the Government's
                     requirements. (When applying this adjective to the
                     technical proposal as a whole, the technical
                     proposal must be so unacceptable in one or more
                     areas that it would have to be significantly revised
                     to attempt to make it other than unacceptable.)
  ------------------ ----------------------------------------------------

> \(ii\) The following factors and sub-factors will be considered in
> evaluating proposals and making the source selection. Factors and
> subfactors are listed in descending order of importance.

  -----------------------------------------------------------------------
  [Technical Evaluation Criteria]{.smallcaps}

  \(1\) Management and Administration

  \(i\) Safety Program

  \(ii\) OMMP

  \(iii\) QA/QC Program

  \(iv\) CMMS Program

  \(v\) Site Security Program

  \(vi\) Personnel Training Program

  \(vii\) Acquisition and Warehousing Program

  \(2\) Corporate Approach

  \(i\) Phase-In Plan
  -----------------------------------------------------------------------

**[Evaluation Of Experience And Past Performance]{.smallcaps}**

> \(iii\) In relation to the evaluation of other non-cost factors, the
> evaluation of Experience and Past Performance is considered less
> important than technical proposal, but more important than price.
> Experience and Past Performance is divided into 2 factors; Corporate
> Experience and Past Performance and Key Personnel. The two factors are
> listed in order of importance. Key Personnel is divided into 2
> sub-factors; Project Manager, and Operations Supervisor, which are
> listed in order of importance.
>
> \(iv\) The Government will evaluate the quality of the offeror's
> Experience and Past Performance. This evaluation is separate and
> distinct from the Contracting Officer's responsibility determination.
> The assessment of the offeror's Experience and Past Performance will
> be used to evaluate the relative capability of the offeror and other
> competitors to successfully meet the requirements of the RFP.
> Experience and Past Performance of significant and/or critical
> subcontractors will be considered to the extent warranted by the
> subcontractor's involvement in the proposed effort.
>
> \(v\) The experience and past performance of personnel shall not be
> considered as experience and past performance in the factors of
> Corporate Experience, and Corporate Past Performance.
>
> \(vi\) The Government reserves the right to obtain information for use
> in the evaluation of Corporate Experience and Corporate Past
> Performance from any and all sources including sources outside of the
> Government. Offerors lacking relevant corporate experience history
> will receive a neutral rating for Corporate Experience. Offerors
> lacking relevant past performance history will receive a neutral
> rating for Corporate Past Performance.
>
> ***The offeror must provide the information requested in Section L for
> corporate experience and past performance evaluation or affirmatively
> statement that it possesses no relevant direct related or similar
> corporate experience and past performance. The government reserves the
> right not to evaluate or consider for award the entire proposal from
> an offeror which fails to provide the corporate experience or past
> performance information or which fails to assert that it has no
> relevant directly related or similar corporate experience or past
> performance experience**.*
>
> \(vii\) The Contracting Officer will use the following definitions as
> guidelines in evaluating Experience and Past Performance:

  -------------- --------------------------------------------------------
  Neutral        No relevant corporate experience or past performance
                 available for evaluation. Offeror has asserted that it
                 has no relevant directly related or similar past
                 performance experience.

  Outstanding    No risk anticipated with delivery of quality product, on
                 time, or of any degradation of performance or lack of
                 customer satisfaction (or cost growth if applicable)
                 based upon offeror's corporate experience or past
                 performance.

  Better         Very little risk anticipated with delivery of quality
                 product, on time, or of degradation of performance of
                 lack of customer satisfaction (or cost growth if
                 applicable) based upon the offeror's corporate
                 experience or past performance.

  Satisfactory   Some potential risk anticipated with delivery of quality
                 product, on time, and of degradation or lack of customer
                 satisfaction (or cost growth if applicable) based upon
                 the offeror's corporate experience or past performance.

  Marginal       Significant potential risk anticipated with delivery of
                 quality product, on time, and of degradation of
                 performance based upon the offeror's corporate
                 experience or past performance. (A rating of marginal
                 does not by itself make the proposal ineligible for
                 award).
  -------------- --------------------------------------------------------

  -----------------------------------------------------------------------
  Experience and Past Performance

  \(1\) Corporate Experience and Past Performance

  \(2\) Key Personnel

  \(i\) Project Manager

  \(ii\) Operations Supervisor
  -----------------------------------------------------------------------

\(viii\) SMALL BUSINESS - Commitments to Small Business (SB), Small
Disadvantaged Business (SDB), Women-Owned Small Business (WOSB), HUBZone
,Small Business (HUBZone), Veteran-Owned Small Business (VOSB), and
Service-Disabled Veteran-Owned Small Business (SDVOSB).

\(a\) The contracting officer has determined the following minimum
subcontracting goals (percentages of total planned subcontracting
dollars) for this solicitation:

> \(1\) SB 40%.
>
> \(2\) SDB 5%.
>
> \(3\) WOSB 2%.
>
> \(4\) HUBZone 1%.
>
> \(5\) VOSB 1%.
>
> \(6\) SDVOSB .5%.

\(b\) To achieve these goals, the Government will evaluate all offerors
on the basis of the extent to which offerors identify and commit to
utilize SB, SDB, WOSB, HUBZone, VOSB , and SDVOSB firms as joint venture
members, teaming arrangement members, or as subcontractors.

\(c\) Ratings. The source selection authority shall assign ratings:

  ------------------------------- ----------------------------------------------------
  **[Exceptional]{.smallcaps}**   

  Large Business Offerors         Offeror demonstrates outstanding past performance in
                                  utilizing SB, SDB, WOSB, HUBZone, and VOSB. Examples
                                  of outstanding performance include but are not
                                  limited to: the offeror consistently exceeded
                                  previously established subcontracting goals and
                                  received widely recognized awards for achievement in
                                  support of small business. The proposed plan
                                  includes extensive efforts and firm commitments in
                                  subcontracting to SB, SDB, WOSB, HUBZone, and VOSB.
                                  The proposed plan may have some minor weaknesses
                                  which are clearly offset by related strengths.

  Small Business Offerors         Offeror demonstrates outstanding past performance in
                                  utilizing SB, SDB, WOSB, HUBZone, and VOSB firms.
                                  Examples of outstanding performance include but are
                                  not limited to: the offeror consistently
                                  subcontracts to SB, SDB, WOSB, HUBZone, and VOSB
                                  firms in lieu of large business concerns and
                                  received widely recognized awards for achievement in
                                  support of small business. The offeror plans
                                  extensive efforts and firm commitments to
                                  subcontract to SB, SDB, WOSB, HUBZone, and VOSB or
                                  plans to perform all of the work itself.

  **[Acceptable]{.smallcaps}**    

  Large Business Offerors         Offeror demonstrates satisfactory past performance
                                  in utilizing SB, SDB, WOSB, HUBZone, VOSB, and
                                  SDVOSB firms. An example of satisfactory performance
                                  is that the offeror met previously established
                                  subcontracting goals. The offeror proposes positive
                                  efforts and commitments to subcontract with SB, SDB,
                                  WOSB, HUBZone, VOSB, and SDVOSB firms. Or, if
                                  applicable, the offeror provides a fully
                                  substantiated explanation as to why it will not
                                  subcontract to SB, SDB, WOSB, HUBZone, VOSB, and
                                  SDVOSB firms. The proposal may have some minor
                                  weaknesses.

  Small Business Offerors         Offeror demonstrates satisfactory past performance
                                  in utilizing SB, SDB, WOSB, HUBZone, VOSB, and
                                  SDVOSB firms. An example of satisfactory performance
                                  is that the offeror subcontracts to SB, SDB, WOSB,
                                  HUBZone, VOSB, and SDVOSB firms. The offeror
                                  proposes positive efforts and commitments to
                                  subcontract with SB, SDB, WOSB, HUBZone, VOSB, and
                                  SDVOSB firms. Or, if applicable, the offeror
                                  provides a fully substantiated explanation as to why
                                  it will not subcontract to SB, SDB, WOSB, HUBZone,
                                  VOSB, and SDVOSB firms.
  ------------------------------- ----------------------------------------------------

  -------------------------------- ----------------------------------------------------
  **[Marginal]{.smallcaps}**       

  Large Business Offerors          Offeror has marginally satisfactory past performance
                                   in utilizing SB, SDB, WOSB, HUBZone, VOSB, and
                                   SDVOSB firms. An example of marginally satisfactory
                                   performance is that the contractor did not meet some
                                   previously established small business subcontracting
                                   goals and the explanation for the failure was not
                                   substantiated. The proposed plan does not include
                                   positive efforts and commitments in subcontracting
                                   to SB, SDB, WOSB, HUBZone, VOSB , and SDVOSB firms.
                                   And, if applicable, the offeror\'s explanation as to
                                   why it will not subcontract to SB, SDB, WOSB,
                                   HUBZone, VOSB, and SDVOSB firms is not
                                   substantiated.

  Small Business Offerors          Offeror has marginally satisfactory past performance
                                   in utilizing SB, SDB, WOSB, HUBZone, VOSB, and
                                   SDVOSB firms. Of the planned subcontracting effort
                                   for this requirement, the offeror does not make
                                   positive efforts and commitments to subcontract with
                                   SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB firms. And,
                                   if applicable, the offeror\'s explanation as to why
                                   it will not subcontract to SB, SDB, WOSB, HUBZone,
                                   VOSB, and SDVOSB firms is not substantiated.

  **[Unacceptable]{.smallcaps}**   

  Large Business Offerors          Offeror has unsatisfactory past performance in
                                   utilizing SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB
                                   firms. An example of unsatisfactory performance is
                                   that the contractor failed to meet established goals
                                   and provided no explanation for the failure. The
                                   proposed plan does not include efforts and
                                   commitments in subcontracting to SB, SDB, WOSB,
                                   HUBZone, VOSB, and SDVOSB firms. And, the offeror\'s
                                   explanation as to why it will not subcontract to SB,
                                   SDB, WOSB, HUBZone, VOSB, and SDVOSB firms is not
                                   substantiated.

  Small Business Offerors          Offeror has unsatisfactory past performance in
                                   utilizing SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB
                                   firms and has not provided an explanation as to why.
                                   Of the planned subcontracting effort for this
                                   requirement, the offeror does not make positive
                                   efforts and commitments to subcontract with SB, SDB,
                                   WOSB, HUBZone, VOSB, and SDVOSB firms. And, the
                                   offeror\'s explanation as to why it will not
                                   subcontract to SB, SDB, WOSB, HUBZone, VOSB, and
                                   SDVOSB firms is not substantiated.
  -------------------------------- ----------------------------------------------------

\(e\) The relative importance of the factors listed in paragraph (d) of
this provision is as follows: descending order of importance.

(End of provision)