PART WBR 1452
SOLICITATION PROVISIONS AND CONTRACT
CLAUSES
LASTED UPDATED: ET 05-09, (5/27/05)
This part (a) provides instructions for using Reclamation provisions and clauses in solicitations and/or contracts, and (b) sets forth the solicitation provisions and contract clauses prescribed for use in Reclamation.
WBR 1452.100 Scope of subpart.
This subpart --
(1) Provides instructions for using Reclamation provisions and clauses, including the explanation and use of provision and clause numbers;
(2) Prescribes procedures for incorporating, identifying, and modifying provisions and clauses; and
(3) Prescribes procedures for obtaining deviations to provisions and clauses.
WBR 1452.101 Using part WBR 1452.
(a) Numbering. Reclamation clauses are illustrated in numerical order corresponding with the numbering scheme in FAR 52.101(b) and WBR 1401.303-80(a).
(b) Prescriptions. Prescriptions for use of a provision or clause in Subpart WBR 1452.2 are established in accordance with the procedures in FAR 52.101(c).
(c) Dates. Dates of Reclamation provisions and clauses are established using the procedures in FAR 52.101(f).
WBR 1452.102
Incorporating provisions and clauses.
Pursuant to FAR
52.102(b, any provision or clause that can be accessed electronically
by the offeror or prospective contractor may be incorporated by
reference. All Bureau of Reclamation provisions and clauses are
available at the Acquisition and Assistance Management Services
Internet Homepage:
http://www.usbr.gov/pmts/acquisitions.
The contracting officer shall identify this electronic address
in all solicitations and contracts by completing and incorporating
FAR
52.252-1 and FAR
52.252-2 as appropriate
WBR 1452.103 Identification of provisions and clauses.
(a) Provisions and clauses are identified in accordance with the requirements of FAR 52.103(d).
(b) Deviations are identified in accordance with WBR 1452.180.
WBR 1452.103-80 Identification of local provisions and clauses.
Provisions and clauses developed for local use by a contracting office (see WBR 1401.304(b)) shall be identified using subsection numbers of 90 and above (e.g., WBR 1452.216-90). The title of the provision or clause shall be following by the designation
"-- BUREAU OF RECLAMATION--" followed by the name of the region or area office and the date of the provision/clause in parenthesis. For example, a clause issued by the Great Plains contracting office would be identified as "WBR 1452.216-90, MAXIMUM ORDER AMOUNT -- BUREAU OF RECLAMATION -- GREAT PLAINS REGION (JUL 93)."
WBR 1452.104 Procedures for modifying and completing provisions and clauses.
Unless authorized by a prescription, provisions and clauses shall not be modified unless specific authorization is obtained in accordance with WBR 1401.480 (see WBR 1452.180).
WBR 1452.180 Procedures for obtaining deviations to provisions and clauses.
(a) Requests for deviations to a provision or clause shall be submitted for approval in accordance with WBR 1401.480.
(b) Deviations shall be identified using the procedures in FAR 52.103(a).
WBR 1452.200 Scope of subpart.
This subpart --
(a) Sets forth the text of all Reclamation provisions and clauses (see WBR 1452.101); and
(b) Cross-references the location in the RAR containing the prescription for the use of the provisions and clauses.
WBR 1452.201-80 Authorities and Limitations.
Download clause 
As prescribed in WBR 1401.670-81, insert the following clause:
(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 properauthority (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)
Download clause
As prescribed in WBR 1409.507-80(a), insert a provision substantially the same as follows:
(a)
Definition. "Organizational conflict of interest," as
used in this clause, means that because of other activities or
relationships with other persons, a person is unable or potentially
unable to render impartial assistance or advice to the Government,
or the person's objectivity in performing the contract work is
or might be otherwise impaired, or a person has an unfair competitive
advantage.
(b) Disclosure. By submission of
this offer, offeror represents that it is not aware of any information
bearing on the existence of any actual or potential organizational
conflict of interest in connection with this solicitation number
, except as herein provided in the following disclosure statement.
(1) This disclosure statement submitted with
this offer describes all relevant information concerning any past,
present, or planned interests bearing on whether this firm (including
its chief executives and directors, or any proposed consultant
or subcontractor) may have a potential organizational conflict
of interest. List any potential organizational conflict of interest
in the space provided below. If no potential conflicts exist,
list "NONE."
(2)
The offeror agrees that if awarded a contract under this solicitation
that, throughout the life of the contract, immediate notification
will be provided to the contracting officer if at any time a potential
or actual conflict becomes known to this firm.
(c)
Policy guidance. FAR Subpart 9.5 and Reclamation Acquisition Regulation
Subpart 1409.5 contain the policies and procedures for avoiding,
neutralizing, or mitigating organizational conflicts of interest,
and may be used as guidance by an offeror in determining an appropriate
course of action.
(End of provision)
WBR 1452.209-81 Prohibition on Release of Information -- Architect-engineer Services.
Download clause
As prescribed in WBR 1409.507-80(b), insert a clause substantially the same as follows:
PROHIBITION ON RELEASE OF INFORMATION --
ARCHITECT-ENGINEER SERVICES --
BUREAU OF RECLAMATION
(DEC 1994)
(a) The Contractor shall
not disclose information pertaining to the services performed
under this contract to anyone other than Government or other personnel
authorized by the Contracting Officer. The cost estimate furnished
by the Contractor will be utilized in preparing the official Government
cost estimate for the subsequent construction contract, and constitutes
confidential material for official use only.
(b)
In the event that the Contractor intends to employ individuals
other than its own staff or other firms in preparing the cost
estimate, advance written approval of the Contracting Officer
is required. The Government will not grant such approval unless
written assurances are submitted by the individual or firm that
it will not --
(1) Disclose the cost estimate;
or
(2) Later submit an offer or serve as a subcontractor
to an offeror on the subsequent construction contract.
(c) The cost estimate furnished by the Contractor
shall remain the sole property of the Government and shall not
be made available to others for any purpose. The sale of the cost
estimate by the Contractor, in whole or in part, is prohibited.
(End of clause)
WBR 1452.209-82 PROHIBITION ON RELEASE OF INFORMATION
Download clause
As prescribed in WBR 1409.507-80(c), insert a clause substantially the same as follows:
PROHIBITION ON RELEASE OF INFORMATION -- BUREAU OF RECLAMATION (JUL 1997)
(a) The Contractor shall not disclose information pertaining to
the services performed under this contract to anyone other than
Government or other personnel authorized by the Contracting Officer.
The Contractor agrees that it will protect any information obtained
from other companies during the performance of this contract from
unauthorized use or disclosure for as long as the information
remains proprietary and shall refrain from using such information
for any purpose other than that for which it was furnished.
(b) In the event that the Contractor intends to employ individuals
other than its own staff or other firms in the performance of
the contract, each individual or firm shall be required to furnish
the same written certification.
(c) The contractor shall insert, in any subcontract that requires
the performance of work similar to that being performed by the
Contractor, terms that shall conform substantially to the language
of this clause, including this paragraph (c).
(End of clause)
WBR 1452.209-83 Limitation on Future Contracting.
Download clause
As prescribed in WBR 1409.507-80(d), insert a clause substantially the same as follows:
LIMITATION ON FUTURE CONTRACTING -- BUREAU OF RECLAMATION (DEC 1994)
(a) The Contracting Officer
has determined that this acquisition may give rise to a potential
organizational conflict of interest. Accordingly, the attention
of prospective offerors is invited to FAR Subpart 9.5, Organizational
Conflicts of Interest.
(b) The nature of this
conflict is [Insert a statement describing the conflict].
(c) The restrictions upon future contracting are
as follows:
(1) If the Contractor, under the
terms of this contract, or through the performance of tasks pursuant
to this contract, is required to develop specifications or statements
of work that are to be incorporated into a future Government solicitation,
the Contractor shall be ineligible to perform the work described
in that solicitation as a prime or first-tier subcontract under
an ensuing contract. This restriction shall remain in effect for
a reasonable time, as agreed to by the Contracting Officer and
the Contractor, sufficient to avoid an unfair competitive advantage
or potential bias (this time shall in no case be less than the
duration of the initial production contract). The Government shall
not unilaterally require the Contractor to prepare such specifications
or statements of work under this contract.
(2)
To the extent that the work under this contract requires access
to proprietary or confidential data of other companies, and as
long as these data remain proprietary or confidential, the contractor
shall protect these data from unauthorized use and disclosure
and agrees not to use them to compete with those other companies.
(End of clause)
WBR 1452.211-6 Brand Name or Equal.
Download clause
As prescribed in WBR 1411.107,
when the contracting officer determines that a "brand name
product" is to be excluded from the bid submission requirements
of paragraphs (b) and (c) of the provision at FAR
52.211-6, Brand Name or Equal, the provision shall be modified
before insertion into solicitations by –
(a) Changing the title of the provision to
read "Brand Name or Equal" (Aug 1999) (DEVIATION)";
and
(b) Adding the following paragraph (d): "(d)
The information for an "equal" product required by paragraphs
(b) and (c) to be submitted in the bid may be furnished after
contract award for...[Insert list of excluded products or indicate
how excluded products are identified in the specification]."
WBR 1452.211-80 Notice of Intent to Acquire Metric Products and Services.
Download clause
As prescribed in WBR 1411.8003, insert the following provision.
NOTICE OF INTENT TO ACQUIRE METRIC PRODUCTS
AND SERVICES --
BUREAU OF RECLAMATION (MAR 1993)
(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.
(End of provision)