Bureau of Reclamation

WBR 1452.215-80 Source Evaluation and Selection Procedures.

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As prescribed in WBR 1415.204-5(a)(1), insert a provision substantially the same as the following:

SOURCE EVALUATION AND SELECTION PROCEDURES --
BUREAU OF RECLAMATION (mAY 2005

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. [Insert one of the following statements: Technical proposals are being requested in order to obtain information to be used in the evaluation process. Technical proposals are considered to be part of offers as to technical performance.] 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 (C0) 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) Cost or price evaluation. An objective cost or price evaluation of contract pricing proposals will be made in accordance with the Evaluation Factors for Award provision in Part IV, Section M of this solicitation. Pricing proposals shall be submitted in accordance with the Contract Pricing Proposal Instructions -- Bureau of Reclamation provision in Part IV, Section L of this solicitation. Pursuant to FAR 15.404-1 , cost or price evaluation will be used to determine cost/price reasonableness and the offeror's understanding of, and ability to perform, the prospective contract.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
(k) 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).
(l) 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.
(m) 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.
(n) 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)

Alternate I (SEP 2000). As prescribed in WBR 1415.204-5(a)(1), substitute the following introductory paragraph for the introductory paragraph of the basic provision:

The Government intends to evaluate proposals submitted under this solicitation, conduct negotiations, and select a source for contract award in accordance with the following provision: FAR 52.215-1 Instructions to Offerors – Competitive Acquisition (Feb 2000) -- Alternate I (Oct 1997). 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:

WBR 1452.215-81 General Proposal Instructions.

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As prescribed in WBR 1415.204-5(a)(2) , insert a provision substantially the same as the following:

GENERAL PROPOSAL INSTRUCTIONS -- BUREAU OF RECLAMATION (JAN 1998)
In addition to the requirements of the Instructions to Offerors - Competitive Acquisitions 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) [Insert other number, if appropriate] physically separated volumes, individually entitled as stated below. The required number of copies for each volume are shown below:

Volume Title Copies Required

I Representations, Certifications, and [insert number required per volume]
Other Statements of Offerors.
II Technical Proposal [insert number required per volume]
III Pricing Proposal [insert number required per volume]

(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) [insert any specific requirements and/or reference the requirements contained in the Technical Proposal Instructions -- Bureau of Reclamation provision of the solicitation, Part IV, Section L].
(f) Pricing Proposal (Volume III). [insert any specific requirements and/or reference the requirements contained in the Pricing Proposal Instructions -- Bureau of Reclamation provision of the solicitation, Part IV, Section L] Offerors are hereby notified that even if 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 15.403-5(a)(1).
( ) [Insert requirements pertaining to additional proposal volumes required, e.g., qualification requirements, business management or any additional requested proposal information pertaining to the specific acquisition].
(End of provision)

Alternate I (JUL 1997). As prescribed in WBR 1415.204-5(a)(2) add the following additional paragraph ( ) to the clause when alternate proposals are solicited:
( ) Alternate proposals. An offeror may submit an alternate proposal to accomplish any aspect of the work statement of this solicitation in a manner that it believes would be a beneficial improvement to the Government. The Government may consider an alternate proposal if it is accompanied by a basic proposal prepared in accordance with instructions contained in this solicitation. The offeror shall provide supporting rationale describing why and how the proposed alternate approach will satisfy the requirements of the work statement and any suggested deletions, alterations, and/or additions to the work statement or other requirements of this solicitation. The alternate proposal must be complete by itself, addressed in separate sections of the technical and pricing proposals, and comply with all other proposal instructions of this solicitation. Alternate proposals will be evaluated in accordance with the [Insert "Evaluation Factors for Award provision of this solicitation" or reference location of other factors if specifically developed for use in evaluating alternate proposals].

Alternate II (DEC 2001) As prescribed in WBR 1415.204-5(a)(2), add the following additional paragraph (d)(7) to the provision if the solicitation contains Alternate I to WBR 1452.215-85, 86, or 87.
(7) Offerors must provide the following information in sufficient detail to allow proper evaluation and rating of the Small Business evaluation factor of this solicitation. If firm commitments to subcontract exist, list the subcontractors by name. Otherwise, list the type of services to be subcontracted.
(i) Participation of small business in the performance of this project:

LARGE BUSINESS OFFERORS

(A) Identify, in terms of dollar value and percentage of total proposed price, the extent of work you will perform as the prime contractor.
(B) Submit with your proposal a subcontracting plan for this project. Use the format provided at Attachment

.
SMALL BUSINESS OFFERORS

(A) Identify, in terms of dollar value and percentage of total proposed price, the extent of work you will perform as the prime contractor.
(B) State the extent of work you plan to subcontract to large business, Small Business (SB), Small Disadvantaged Business (SDB), Women-Owned Small Business (WOSB), HUBZone Small Business (HUBZone), and Veteran-Owned Small Business (VOSB), and Service-Disabled Veteran-Owned Small Business (SDVOSB). Use the format provided at Attachment

.
JOINT VENTURES-TEAMING ARRANGEMENTS

(A) If you are submitting an offer as a joint venture or a teaming arrangement, identify, for each member of your joint venture or team, whether the member is a large business, SB, SDB, WOSB, HUBZone, VOSB, or SDVOSB; and the dollar value of the work to be performed by each member of your joint venture or team.
(B) The Government will evaluate your joint venture or team as either a large business or small business based upon the information provided in subparagraph (i) directly above.
(ii) Past performance in utilizing SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB in previous contracts:

LARGE BUSINESS OFFERORS

(A) Provide information on any awards you received within the past three years for outstanding support to SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB.
(B) Provide final SF 294s, Subcontracting Report for Individual Contracts, on your three most recently completed contracts, or any other documentation showing compliance with the utilization of SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB requirements of those contracts. Include the dollar value percentage of work (of total contract value) subcontracted to large business, SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB for each.
(C) Provide performance evaluation ratings obtained on implementation of subcontracting plans for three recently completed contracts.

SMALL BUSINESS OFFERORS

(A) Provide information on any awards you received within the past three years for outstanding support to SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB.
(B) Provide a list of your three most recently completed contracts. Include the dollar value percentage of work (of total contract value) subcontracted to large business, SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB firms.

WBR 1452.215-82 Technical Proposal Instructions.

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As prescribed in WBR 1415.204-5(a)(3), insert a provision substantially the same as the following:

TECHNICAL PROPOSAL INSTRUCTIONS --
BUREAU OF RECLAMATION (APR 2001)

(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);
(iv) In accordance with the work statement, include a proposed project plan which divides the work into severable tasks or phases which indicates for each task or phase the work to be accomplished, start/completion schedule, milestone chart, and labor hours by labor category including the basis for the hour estimates;
(v) Include a discussion of the method(s) and resources to be used in timely preparation and transmittal of reports and submittals required by the solicitation;
(vi) Include an estimate of the extent of anticipated subcontracting together with a list of items or work to be subcontracted; and
(vii) Address each of the factors listed in the Technical Evaluation Criteria in Part IV, Section M of this solicitation.

(6) Project Management. Include the proposed organization to manage the work, its relationship to the offeror's overall corporate structure, and the function and responsibilities of any subcontractors.

(7) Personnel Qualifications. Include the following information on personnel qualifications:

(i) The identity of specific personnel to be assigned to perform the requirements contained in the work statement;
(ii) The names of specific key personnel to be assigned for direct work on the project and as direct technical supervisors including education, background and experience, accomplishments, and other pertinent information;
(iii) Any additional personnel required for full employment, subcontract, or consultation and the source from which they will be obtained;
(iv) A statement of assurance that the proposed additional personnel will be available for work on this contract; and
(v) A list of alternate personnel sources to be utilized in the event proposed personnel are not available as planned (Include full resume by name of all additional personnel listed);

(8) 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. For each project, include:

(i) Name of the project;
(ii) Description of the work;
(iii) Contract number, date and type;
(iv) Name and address of the acquiring Government agency or commercial customer;
(v) Initial contract amount and final contract amount;
(vi) Any problems encountered in performance of the work and corrective action(s) taken; and
(vii) Name(s) and telephone number(s) of references from the acquiring agency or customer who may be contacted for further information.

(d) Cost/Price Information. To permit objective evaluation of the technical proposal, no cost or price information shall be included in the technical proposal. [Insert the following subparagraphs, as applicable, if unpriced pricing proposal information is required for technical analysis "However, the proposal shall include:

(1) A breakdown of unpriced labor hour estimates for each labor category proposed to accomplish each task or phase of the work and the basis for each estimate;
(2) Identification of the types and quantities of proposed materials and equipment necessary to perform the work; and
(3) The number, duration, destination and purpose of each trip proposed for performing the work"].

(e) Facilities and equipment information. The offeror shall provide information on any special plant, equipment, or test facilities (including Government property) required to perform and accomplish the work statement. The need for the special equipment or facilities shall be fully substantiated and include the extent to which the work can be accomplished without them. Information on alternate sources considered for the equipment or facilities shall also be included.

(End of provision)

WBR 1452.215-83 Pricing Proposal Instructions.

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As prescribed in WBR 1415.204-5, insert a provision substantially the same as the following:

PRICING PROPOSAL INSTRUCTIONS -- BUREAU OF RECLAMATION (JAN 1998)

(End of provision)

Alternate I (JUL 1997) If cost information is also required to be submitted in electronic format, add a paragraph substantially the same as the following paragraph (h) to the basic provision:
(h) Electronic Information. The offeror shall submit a computer disk, in either Windows or MS-DOS readable format, containing [insert a specific description of each item of cost information required (including any applicable subcontractor information)]. Data that can be electronically imported into [insert software name and any other specified requirements] would be appreciated. The offeror shall identify the commercial spreadsheet software program used to create the submitted data and the formulas and factors used in calculating the data contained on the disk. The data submitted shall comply with the restrictive legend requirements of paragraph (b) of this provision.

WBR 1452.215-84 Pricing Proposal Instructions and Submission of Certified Cost or Pricing Data.

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As prescribed in WBR 1415.204-5(a)(5), insert a provision substantially the same as the following:

PRICING PROPOSAL INSTRUCTIONS AND SUBMISSION OF COST OR PRICING DATA --
BUREAU OF RECLAMATION (JAN 2001)

(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).
(b) Submission of Cost or Pricing Data. Offerors are hereby notified that cost or pricing data are required by this solicitation to be submitted by the offeror with its pricing proposal. These data are also required to be submitted by the offeror for each prospective subcontract when the total amount of the subcontract (including options) is expected to exceed: (a) $10,000,000 or more; or (b) both $550,000 and more than 10 percent of the offeror's total proposed price [or insert any lower threshold requirements the contracting officer considers necessary for adequate pricing of the prime contract under FAR 15.404-3(c)(2)]. Information contained in the offeror's pricing proposal and its subcontractors' proposals containing cost or pricing data must be current, complete, and accurate to the best of its knowledge and belief. Prior to the time agreement is reached on price, the offeror shall submit, or identify in writing, to the Contracting Officer any information reasonably available on factors that affect the currency, completeness, or accuracy of cost or pricing data submitted (including subcontractor data). In addition to the data submitted by the offeror in the pricing proposal, the Contracting Officer may require the offeror to submit additional data as are necessary in order to perform an adequate analysis and evaluation of the proposal. In accordance with FAR 15.408(m), Table 15-2, Note 1, merely marking books, records, and other documents without specific identification does not constitute submission of cost or pricing data.
(c) Prices set by law or regulation or commercial item exception. When exception from the requirement to submit cost or pricing data is requested, whether the item was produced by the offeror or others, the offeror shall provide justification for the exception in a form regularly maintained by the offeror in commercial operations. Information on sales data is limited to data for the same or similar items during a relevant time period.
(d) 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."
(e) 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 future amendments, additions and/or revisions to the proposal, up to the date of agreement on price, shall be included an updated Table of Contents;
(2) Index. The index shall cross reference the work statement to the terms of the proposal and specifically indicate how the proposal conforms to the evaluation factors contained in Part IV, Section M of this solicitation. It shall comply with the requirements of FAR Table 15-2, IB which requires an index of all cost or pricing data and information accompanying or identified in the pricing proposal;
(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) First page of pricing proposal. Offerors not claiming exemption from the submission of Cost or Pricing Data are required to submit a Contract Pricing Proposal which shall be prepared in accordance with the general instructions in FAR 15.408(m) (Table 15-2).
(5) Contract Line Item Cost Breakdown. For each contract line item, the offeror shall submit a detailed cost breakdown containing the applicable elements of cost (see instructions in FAR Table 15-2, II) which, when added together, equal the total price proposed for the line item. Each cost breakdown shall be separately identified, prepared in accordance with the format prescribed in [If a format listed under III A, B, or C in FAR Table 15-2 is to be used, insert "FAR Table 15-2, III (specify A, B, or C)" and identify any optional column numbers in the format which are required or reference other required format and its location under Part IV, Section L of the solicitation]. For each cost element listed on the format, the offeror shall identify, by referencing and including as a separate attachment to the format, sufficient information which supports the basis for the proposed cost element amount. The Offeror shall also provide in the attachment any necessary cross references to assist in tracking the pricing proposal to applicable portions of its technical proposal.
(6) Cost Element Summary Total Amounts. When more than one contract line item is required, the offeror shall submit for each proposed element of cost a separate, summary total amount which covers all contract line items.
(7) Facilities Capital Cost of Money. If the offeror elects to claim facilities capital cost of money as an allowable cost, Form CASB-CMF shall be submitted by the offeror with the pricing proposal in accordance with instructions in, FAR Table 15-2, I.
(f) Subcontracts. All subcontracted items shall be clearly identified in the pricing proposal and include the name and address of the prospective subcontractor. Written quotations shall, whenever possible, be included or referenced for all subcontracted services. Subcontract costs shall be included or referenced in attachments which support the basis for an offeror's proposed cost element amount. Unless the offeror claims an exemption under paragraph (c) of this provision, cost and pricing data required under paragraph (b) of this provision to be submitted for subcontracts shall be submitted in accordance with the instructions contained in subparagraphs (e)(iv)-(vi) and those contained in FAR Table 15-2. For pricing of modifications, see the Subcontracting Cost or Pricing Data clause of this contract.
(g) 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.
(h) Page Numbering. All pages in the cost proposal should be consecutively numbered (including pages containing attachments, tables and exhibits).
(i) 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.
(j) Changes. Any changes made by the offeror to its pricing proposal shall include the same
level of detail as the original proposal and shall include revised copies of all tables or exhibits affected by the changes.
(k) Alternate Proposals. If submission of alternate technical proposals is permitted by the General Proposal Instructions -- Bureau of Reclamation clause 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(s) pricing proposal(s) shall be clearly labeled and identified.
(l) Certificate of Current Cost or Pricing Data. Unless the circumstances in FAR 15.403-4(c) apply, the successful offeror shall be required by the Contracting Officer after completion of negotiations to execute and submit a Certificate of Current Cost or Pricing Data (illustrated in FAR 15.406-2) or the Contracting Officer may request that each offeror remaining in the competitive range submit the Certificate with its final proposal revision after conclusion of negotiations.
(End of provision)

Alternate I (JUL 1997) If cost information is also required to be submitted in electronic format, add a paragraph substantially the same as the following paragraph (m) to the basic provision:
(m) Electronic Information. The offeror shall submit a computer disk, in either Windows or MS-DOS readable format, containing [insert a specific description of each item of cost information required (including any applicable subcontractor information)]. Data that can be electronically imported into [insert software name and any other specified requirements] would be appreciated. The offeror shall identify the commercial spreadsheet software program used to create the submitted data and the formulas and factors used in calculating the data contained on the disk. The data submitted shall comply with the restrictive legend requirements of paragraph (d) of this provision.

WBR 1452.215-85 Evaluation Factors for Award -- Technical Predominance.

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As prescribed in WBR 1415.204-5(b)(1), insert a provision substantially as the following:

EVALUATION FACTORS FOR AWARD - QUALITY PREDOMINANCE --
BUREAU OF RECLAMATION (MAY 2005)

(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. [Insert the following statement if applicable. (Refer to WBR 1452.215-80(a).) 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: [Insert all factors, including cost or price and significant subfactors (if any) which have been prepared in accordance with FAR 15.304 and section 302 of the Reclamation Source Selection Handbook.]
(e) The relative importance of the factors listed in paragraph (d) of this provision is as follows: [Insert a statement or otherwise indicate the relative importance the Government will place on the listed factors (and any subfactors)in relation to each other including the relationship of technical factors to cost or price.]

(End of provision)

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 .
(2) SDB .
(3) WOSB .
(4) HUBZone .
(5) VOSB .
(6) SDVOSB .
(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.
[The following paragraph (c) is suggested language if using an adjectival rating system. This paragraph may be modified at the discretion of the contracting officer to accommodate other rating systems, e.g., color code or numerical. The contracting officer is also afforded the discretion, pursuant to FAR 52.304(d), to delete paragraph (c) entirely since "The rating method need not be disclosed in the solicitation."]
(c) Ratings. The source selection authority shall assign ratings:

EXCEPTIONAL
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
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
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
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.

WBR 1452.215-86 Evaluation Factors for Award -- Cost or Price Predominance.

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As prescribed in WBR 1415.204-5(b)(2), insert a provision substantially the same as follows:

EVALUATION FACTORS FOR AWARD -- COST OR PRICE PREDOMINANCE --
BUREAU OF RECLAMATION (MAY 2005)

(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 less important than cost or price. The relative importance to be placed on the evaluation factors in relation to each other is contained in paragraph (e) of this provision. However, the degree of importance of non-cost or non-price factors may increase with the degree of cost or 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 or price proposal if it is determined that the technical benefits of another offeror's proposal justify its higher cost/price. [Insert the following statement if applicable. (Refer to WBR 1452.215-80(a).) 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/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: [Insert all factors, including cost or price, cost or price-related factors, and significant subfactors (if any) which have been prepared in accordance with FAR 15.304.]
(e) The relative importance of the factors listed in paragraph (d) of this provision is as follows: [Insert a statement or otherwise indicate the relative importance the Government will place on the listed factors (and any subfactors) in relation to each other including the relationship of technical factors to cost or price.]

(End of provision)

Alternate I (DEC 2001) Include a factor substantially the same as the following under paragraph (d) of the basic provision in unrestricted negotiated acquisitions expected to exceed $500,000 ($1,000,000 for construction) that have subcontracting possibilities. Do not use for set-asides. The factor may be modified in accordance with FAR Subpart 19.12 to address the evaluation of the extent of participation of small disadvantaged business concerns in the performance of contracts in the North American Industry Classification System (NAICS) Industry Subsectors as determined by the Department of Commerce.

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 .
(2) SDB .
(3) WOSB .
(4) HUBZone .
(5) VOSB .
(6) SDVOSB .
(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.
[The following paragraph (c) is suggested language if using an adjectival rating system. This paragraph may be modified at the discretion of the contracting officer to accommodate other rating systems, e.g., color code or numerical. The contracting officer is also afforded the discretion, pursuant to FAR 52.304(d), to delete paragraph (c) entirely since "The rating method need not be disclosed in the solicitation."]
(c) Ratings. The source selection authority shall assign ratings:

EXCEPTIONAL
LARGE BUSINESS OFFERORS

Offeror demonstrates outstanding past performance in utilizing SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB. 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, VOSB, and SDVOSB. 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, VOSB, and SDVOSB firms. Examples of outstanding performance include but are not limited to: the offeror consistently subcontracts to SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB 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, VOSB , and SDVOSB or plans to perform all of the work itself.

ACCEPTABLE
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
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, and VOSB 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
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.

WBR 1452.215-87 Evaluation Factors for Award -- Quality and Cost/Price Approximately Equal:

Download clause

As prescribed in WBR 1415.204-5(b)(3), insert a provision substantially the same as follows:

EVALUATION FACTORS FOR AWARD -- QUALITY AND COST/PRICE APPROXIMATELY EQUAL-
BUREAU OF RECLAMATION (MAY 2005)

(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 approximately equal to cost or price. The relative importance to be placed on the evaluation factors in relation to each other is contained in paragraph (e) of this provision. 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 either a lower cost/price, lower-scored offeror or a higher-rated, higher-cost/price offeror based on a rational tradeoff between evaluation factors other than cost or price and cost or price. [Insert the following statement if applicable. (Refer to WBR 1452.215-80(a).) 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/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: [Insert all factors, including cost or price, cost or price-related factors, and significant subfactors (if any) which have been prepared in accordance with FAR 15.304.]
(e) The relative importance of the factors listed in paragraph (d) of this provision is as follows: [Insert a statement or otherwise indicate the relative importance the Government will place on the listed factors (and any subfactors) in relation to each other including the relationship of technical factors to cost or price.]

(End of provision)

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 .
(2) SDB .
(3) WOSB .
(4) HUBZone .
(5) VOSB .
(6) SDVOSB
(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.
[The following paragraph (c) is suggested language if using an adjectival rating system. This paragraph may be modified at the discretion of the contracting officer to accommodate other rating systems, e.g., color code or numerical. The contracting officer is also afforded the discretion, pursuant to FAR 52.304(d), to delete paragraph (c) entirely since "The rating method need not be disclosed in the solicitation."]
(c) Ratings. The source selection authority shall assign ratings:

EXCEPTIONAL
LARGE BUSINESS OFFERORS

Offeror demonstrates outstanding past performance in utilizing SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB . 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, VOSB, and SDVOSB . The proposed plan may have some minor weaknesses which are clearly offset by related strengths.

SMALL BUSINESS OFFERORS

ACCEPTABLE
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
LARGE BUSINESS OFFERORS

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
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.

WBR 1452.215-88 Evaluation Factors for Award - Lowest Price Technically Acceptable Source Selection Process:

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As prescribed in WBR 1415.204-5(b)(4), insert a provision substantially the same as follows:

EVALUATION FACTORS FOR AWARD - LOWEST PRICE TECHNICALLY ACCEPTABLE SOURCE SELECTION PROCESS-
BUREAU OF RECLAMATION (MAY 2005)

(a) Award will be made to the responsible offeror submitting the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost/price factors and any significant subfactors listed in this provision.
(b) Proposals shall be evaluated for acceptability, but not ranked, using the non-cost/price factors listed below. There shall be no trade-offs. [Include if the contracting officer elects to consider past performance as an evaluation factor: Past performance shall be evaluated in accordance with FAR 15.305; however there shall be no comparative assessment of offerors' past performance. If the Contracting Officer determines that a small business' past performance is not acceptable, the matter shall be referred to the Small Business Administration for a Certificate of Competency determination, in accordance with the procedures contained in FAR Subpart 19.6 and 15 U.S.C. 637(b)(7).] 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. [Insert the following statement if applicable. (Refer to WBR 1452.215-80(a).) 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/prices proposed and the offeror's understanding of, and ability to perform, the prospective contract.
(d) The following factors, significant subfactors (if listed), and acceptability standards for non-cost/price factors/subfactors shall be considered in evaluating proposals and making the source selection: [Insert all factors, including cost or price, cost or price-related factors, and significant subfactors (if any) which have been prepared in accordance with FAR 15.304 and the acceptability standards for non-cost/price factors/subfactors.]
Evaluation Factors/Significant Subfactors Acceptability Standards

(End of provision)

Alternate I (XXX 2003) Include a factor substantially the same as the following under paragraph (d) of the basic provision in unrestricted negotiated acquisitions expected to exceed $500,000 ($1,000,000 for construction) that have subcontracting possibilities. Do not use for set-asides. The factor may be modified in accordance with FAR Subpart 19.12 to address the evaluation of the extent of participation of small disadvantaged business concerns in the performance of contracts in the North American Industry Classification System (NAICS) Industry Subsectors as determined by the Department of Commerce.
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.
(2) SDB.
(3) WOSB.
(4) HUBZone.
(5) VOSB.
(6) SDVOSB
(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.
[The following paragraph (c) is suggested language if using an adjectival rating system. This paragraph may be modified at the discretion of the contracting officer to accommodate other rating systems, e.g., color code or numerical. The contracting officer is also afforded the discretion, pursuant to FAR 52.304(d), to delete paragraph (c) entirely since "The rating method need not be disclosed in the solicitation."]
(c) Ratings. The source selection authority shall assign ratings:

EXCEPTIONAL
LARGE BUSINESS OFFERORS

SMALL BUSINESS OFFERORS

Offeror demonstrates outstanding past performance in utilizing SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB firms. Examples of outstanding performance include but are not limited to: the offeror consistently subcontracts to SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB 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, VOSB, and SDVOSB or plans to perform all of the work itself.

ACCEPTABLE
LARGE BUSINESS OFFERORS

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
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
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 offertory'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.

WBR 1452.219-80 Distribution of Summary Subcontract Report.

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As prescribed in WBR 1419.708, insert the following clause in solicitations and contracts containing the clause at FAR 52.219-9, Small Business Subcontracting Plan.

DISTRIBUTION OF SUMMARY SUBCONTRACTING REPORTS --
BUREAU OF RECLAMATION (JUN 2002)

(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 Services, 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.

(End of clause)

WBR 1452.222-80 Notice of Applicability – Cooperation with Authorities and Remedies – Child Labor.

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As prescribed in WBR 1422.1505(b), insert the following provision:

Notice of Applicability – Cooperation with Authorities and Remedies – Child Labor
Bureau of Reclamation (JAN 2004)

(a) The clause at FAR 52.222-19, Child Labor, Cooperation with Authorities and Remedies, does not apply to Bureau of Reclamation acquisitions to the extent that the contractor is supplying end products mined, produced, or manufactured in –

(1) Canada, and the anticipated value of the acquisition is $175,000 or more; and
(2) Israel, and the anticipated value of the acquisition is $175,000 or more.

(b) Nonapplicability thresholds for other countries are the same as listed in the FAR clause.

(End of clause)

WBR 1452.223-80 Asbestos-Free Warranty.

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As prescribed in WBR 1423.302-83(a), insert the following clause in solicitations, contracts, and purchase orders:

ASBESTOS-FREE WARRANTY -- BUREAU OF RECLAMATION (OCT 1992)

(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)

WBR 1452.223-81 Safety and Health.

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As prescribed in WBR 1423.302-83(b), insert the following clause:

SAFETY AND HEALTH -- BUREAU OF RECLAMATION (May 2005)

(a) The Contractor shall not require any person employed in the performance of this contract (including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's health or safety.
(b) In addition to the requirements of the Accident Prevention clause of this contract, the Contractor shall comply with the Bureau of Reclamation "Reclamation Safety and Health Standards" (RSHS) (Revised 2001) manual. Some contracts may not contain the Accident Prevention clause, e.g., those formed under simplified acquisition procedures. Even if the Accident Prevention clause is not part of this contract, the Contractor must still comply with the Reclamation RSHS manual.
(c) (1) The Contractor may obtain the safety and health standards as referenced in subparagraph (b)(2) of the Accident Prevention clause from any regional or area office of the Occupational Safety and Health Administration, U.S. Department of Labor.
(2) The RSHS manual as referenced in subparagraph (b) above is available at the following website: http://www.usbr.gov/safety/RSHS/rshs.htm
(d) The Contractor shall submit a written proposed safety program in the form and time intervals prescribed in section 3 of the RSHS manual and amendments or revisions thereto in effect on the date of the solicitation.
(e) In addition to any other provisions in the contract, the Contractor shall comply with all safety and material data submittal requirements contained in the RSHS manual and revisions thereto.
(f) The Contractor shall maintain an accurate record of, and shall report to the Contracting Officer (or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in excess of $2,500 occurring during performance of work under this contract.
(g) The rights and remedies of the Government provided in this clause are inaddition to any other rights and remedies provided by law or under this contract.
(h) In the event there is a conflict between the requirements contained in any of the safety documents referenced herein, the more stringent requirement shall prevail.
(End of clause)

Alternate I (DEC 2002) If the contracting officer desires to furnish the RSHS manual locally, substitute the following paragraph (c)(2) for paragraph (c)(2) of the basic clause:
(2) The RSHS manual as referenced in subpararaph (b) above is available at the following website: http://www.usbr.gov/safety/RSHS/rshs.htm . The Contractor may also obtain the RSHS manual from the following Reclamation source:
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WBR 1452.223-82 Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace

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As prescribed in WBR 1423.801, insert the following clause:

PROTECTING FEDERAL EMPLOYEES AND THE PUBLIC
FROM EXPOSURE TO TOBACCO SMOKE IN THE FEDERAL WORKPLACE --
BUREAU OF RECLAMATION (OCT 1998)

(a) In performing work under this contract, the contractor shall comply with the requirements of Executive Order 13058, dated August 9, 1997, which prohibits the smoking of tobacco products in all interior space owned, rented, or leased by the executive branch of the Federal Government, and in any outdoor areas under executive branch control in front of air intake ducts.
(b) This restriction does not apply in designated smoking areas that are enclosed and exhausted directly to the outside and away from air intake ducts, and are maintained under negative pressure (with respect to surrounding spaces) sufficient to contain tobacco smoke within the designated area.
(c) Smoking may also be restricted at doorways and in courtyards under executive branch control in order to protect workers and visitors from environmental tobacco smoke.

(End of clause)

WBR 1452.225-80 Evaluation Factor - Cost of Foreign Inspection Service.

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As prescribed in WBR 1425.1101 insert the following provision:

EVALUATION FACTOR -- COST OF FOREIGN INSPECTION SERVICE --
BUREAU OF RECLAMATION (May 2000)

The Government shall add an evaluation factor in the amount of $ [Insert dollar value of inspection costs] to all offers which require foreign inspection and therefore result in additional costs to the Government. This evaluation factor will be added to the total price offered in the Schedule for each offer indicating on one of the following certificates that the articles, materials, and supplies are foreign end products: Buy American Act–Balance of Payments Program Certificate (FAR 52.225-2); Buy American Act–North American Free Trade Agreement–Israeli Trade Act–Balance of Payments Program Certificate (FAR 52.225-4); or Trade Agreements Certificate (FAR 52.225-6).

(End of provision)

WBR 1452.225-82 World Trade Organization Government Procurement Agreement Evaluations -- Bureau of Reclamation.

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As prescribed in WBR 1425.1103 insert the following provision:

NOTICE OF WORLD TRADE ORGANIZATION GOVERNMENT PROCUREMENT AGREEMENT EVALUATIONS --
BUREAU OF RECLAMATION (MAY 2005)

In accordance with the Agreement on Government Procurement, as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), and other trade agreements, FAR Subpart 25.4, World Trade Organization Government Procurement Agreement, applies to Bureau of Reclamation acquisitions. In order to apply trade agreements unique to Reclamation, the contracting officer will (irrespective of any other provision or clause of this solicitation) evaluate acquisitions at or above the dollar thresholds listed below without regard to the restrictions of the Buy American Act:

Trade Agreement	Supply Contract	Service Contract	Construction
WTOGPA/CBTI*	$175,000	$175,000	$6,725,000
FTAs**
NAFTA -Australia	$58,550	$58,550	$6,725,000
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

*World Trade Organization Government Procurement Agreement /Caribbean Basin Trade Initiative
**Free Trade Agreements

(End of provision)

WBR 1452.228-82 County Liability Insurance.

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As prescribed in WBR 1428.311-2(a), insert a clause substantially the same as the following:

COUNTY LIABILITY INSURANCE -- BUREAU OF RECLAMATION (JUL 1993)

(a) The Contractor shall procure and furnish to [Insert the name of the affected county] County, in the State of , [Insert the name of the State], comprehensive public liability and property damage insurance naming the county as insured or coinsured. The liability insurance shall be in force prior to commencement of any construction operations being undertaken and shall be maintained in force during the term of the contract.
(b) Insurance amounts. The liability insurance shall be furnished in the following amounts:
(l) Public liability. Each person: $ [Insert the dollar amounts required by the county] and each accident: $ [Insert the dollar amounts required by the county].
(2) Property damage. Each accident: $ [Insert the dollar amounts required by the county], and aggregate: $ [Insert the dollar amounts required by the county].
(c) Evidence of insurance.
(1) Before beginning work on the county right-of-way, the Contractor shall furnish to the Contracting Officer satisfactory evidence that it has complied with the foregoing requirements for insurance and that the insurance furnished has been accepted by [Insert the name of the affected county] County.
(2) Each policy or certificate evidencing the insurance shall contain an endorsement which provides that the insurance company will notify the Contracting Officer and County 30 days prior to the effective date of any cancellation or termination of the policy or certificate or any modification of the policy or certificate.

(End of clause)

WBR 1452.228-83 Railroad Insurance.

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As prescribed in WBR 1428.311-2(b), insert a clause substantially the same as the following:

RAILROAD INSURANCE -- BUREAU OF RECLAMATION (JUL 1993)

(a) In addition to its regular public liability and property damage insurance, The Contractor shall furnish insurance to the [Insert the name of the affected railroad], naming the railroad as insured or coinsured. The insurance policy shall be written on the Railroad Protective Liability Form, (State or Federal Highway Project), which has been accepted for general use by the Federal Highway Administration, the American Association of State Highway and Transportation Officials, the Association of American Railroads, and representatives of the insurance underwriters. The liability insurance shall be maintained in force until acceptance of all work on the railroad right-of-way.
(b) Insurance amounts. The liability insurance shall be furnished in the following amounts:
(1) Public liability. Each person: $ [Insert the dollar amounts specified in the railroad crossing agreement], and each accident: $ [Insert the dollar amounts specified in the railroad crossing agreement]

(End of clause)

WBR 1452.228-84 Certification of Representatives for Corporate Sureties.

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As prescribed in WBR 1428.202, insert the following clause:

CERTIFICATION OF REPRESENTATIVES FOR CORPORATE SURETIES --
BUREAU OF RECLAMATION (SEP 1996)

Each surety company bond, that purports to have been executed by an agent or attorney-in-fact for the corporate surety, shall --
(1) be accompanied by a power of attorney to the signatory agent or attorney-in-fact; and
(2) the power of attorney or attorney-in-fact shall have been executed by the corporate surety upon a date prior to the date of the execution of the bond; or
(3) be accompanied by a certification of the sureties to the effect that the power of attorney was in full force and effect upon the date of the bond.

(End of Clause)

WBR 1452.231-80 Contractor Reimbursable Travel Costs -- Bureau of Reclamation (May 2000).

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As prescribed in WBR 1431.280(a), insert the following clause in solicitations and contracts that include contractor reimbursement of travel costs.

CONTRACTOR REIMBURSABLE TRAVEL COSTS --
BUREAU OF RECLAMATION (Sept 2003)

(a) In addition to the requirements of the allowable cost and payment clauses of this contract, claimed costs for transportation, lodging, meals, and incidental expenses are allowable subject to the limitations contained in the following paragraphs.
(b) If this contract is with a commercial organization, Federal Acquisition Regulation (FAR) 31.205-46 governs the allowability of travel costs.
(1) Costs incurred for lodging, meals, and incidental expenses shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the:
-- Federal Travel Regulation (FTR), prescribed by the General Services Administration, for travel in the Contiguous United States, available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402, Stock No. 022-001-810003-7; (For travel costs incurred after December 31, 1998, the contractor may choose to satisfy the limitation on allowable travel costs by using either the FTR maximum per diem rates and definitions of lodging, meals, and incidental expenses in effect on December 31, 1998, or by using the revised FTR rates and definitions that became effective January 1, 1999; provided however, that the contractor must make one uniform selection for all relevant contracts.)
-- Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, and outlying areas of the United States, available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, Stock No. 908-010-00000-1; or
-- Standardized Regulations (government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in subparagraph (b)(1) above, available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402, Stock No. 744-008-00000-0.
(2) Contractors may choose to be compensated for travel by using the Government per diem rate or the actual expenses method. Payment under either method chosen cannot exceed the maximum per diem rate in subparagraph (b)(1) of this clause unless the contractor receives advance approval by the contracting officer under the conditions in FAR 31.205-46(a)(3). Such costs are subject to the limitations stated herein, and the method used must result in a reasonable charge.
(i) If the per diem rate is chosen, the contractor is required to provide receipts for transportation, lodging, and any other expenditures on the contractor's invoice which are in excess of $75.00.
(ii) If the actual cost method is chosen, the contractor must provide supporting documentation and receipts to support actual costs incurred for all expenditures.
(3) Airfare costs in excess of the lowest customary standard, coach, or equivalent airfare offered during normal business hours are unallowable except when such accommodations require circuitous routing; require travel during unreasonable hours; involve excessively prolonged travel; result in increased savings that would offset transportation costs; are not reasonably adequate for the physical or medical needs of the traveler; or are not reasonably available to meet mission requirements. Any airfare costs in excess of the above standard must be documented and justified to be allowable.
(c) If this contract is with an educational institution, Office of Management and Budget (OMB) Circular No. A-21, Cost Principles for Educational Institutions, governs the allowability of travel costs.
(1) Costs incurred by employees and officers for lodging, other subsistence, and incidental expenses, shall be considered reasonable and allowable only to the extent such costs do not exceed charges normally allowed by the institution in its regular operations as a result of an institutional policy and the amounts claimed represent reasonable and allocable costs.
(2) Such costs may be charged on an actual basis, on a per diem or mileage basis in lieu of actual costs incurred, or on a combination of the two, provided the method used is applied to an entire trip and not to selected days of the trip, results in reasonable charges, and is in accordance with the institution’s travel policy and practices consistently applied to all institutional travel activities.
(3) Airfare costs in excess of the lowest available commercial discount airfare or customary standard (coach or equivalent) airfare are unallowable except when such accommodations require circuitous routing; require travel during unreasonable hours; excessively prolong travel; greatly increase the duration of the flight; result in increased cost that would offset transportation savings; or offer accommodations not reasonably adequate for the medical needs of the traveler. In order for airfare costs in excess of the customary standard commercial airfare to be allowable, e.g., use of first-class airfare, the institution must justify and document the applicable condition(s) set fort above.
(d) If this contract is with a State, local, or federally recognized Indian tribal government, Office of management and Budget (OMB) Circular No. A-87 governs the allowability of travel costs.
(1) Travel costs are allowable for transportation, lodging, subsistence, and related items incurred by employees who are in travel status on official business incident to this contract.
(2) Such costs may be charged on an actual basis, on a per diem or mileage basis in lieu of actual costs incurred, or on a combination of the two, provided the method used is applied to an entire trip, and results in charges consistent with those normally allowed in like circumstances in nonfederal activities.
(3) The difference in cost between first-class air accommodations and less-than-first-class air accommodations is unallowable except when less-than-first-class air accommodations are not reasonably available.
(e) If this contract is with a nonprofit organization, Office of Management and Budget (OMB) Circular No. A-122 governs the allowability of travel costs.
(1) Travel costs for transportation, lodging, subsistence, and related items incurred by employees who are in travel status on official business are allowable when they are directly attributable to specific work under the contract or are incurred in the normal course of administration of the organization.
(2) Such costs may be charged on an actual basis, on a per diem or mileage basis in lieu of actual costs incurred, or on a combination of the two, provided the method used results in charges consistent with those normally allowed by the organization in its regular operations.
(3) The difference in cost between first-class air accommodations and less-than-first-class air accommodations is unallowable except when less-than-first-class air accommodations are not reasonably available to meet necessary mission requirements, such as where less-than-first-class accommodations require circuitous routing; require travel during unreasonable hours; greatly increase the duration of the flight; result in additional costs which would offset the transportation savings; or offer accommodations which are not reasonably adequate for the medical needs of the traveler.
(4) Direct charges for foreign travel costs are allowable only when the travel has received prior approval of the contracting officer. Each separate foreign trip must be approved. For purposes of this clause, foreign travel is defined as any travel outside of Canada and the United States and its outlying areas. However, for an organization located in foreign countries, the term “foreign travel” means travel outside that country.
(f) The contractor is required to make a good faith effort to obtain the lowest possible airfare in accordance with the foregoing applicable paragraph. This effort can be accomplished by a professional travel representative or an employee of the contractor. The contractor should be prepared to defend any contractor-acquired airfare charges if the Government questions invoiced airfare charges as not being the lowest.

(End of clause)

WBR 1452.231-81 Equipment Ownership and Operating Expense.

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As prescribed in WBR 1431.280(b), insert a clause substantially the same as follows unless an advance agreement for equipment usage costs has been entered into with the contractor:

EQUIPMENT OWNERSHIP AND OPERATING EXPENSE --
BUREAU OF RECLAMATION (JUL 1998)

(a) Definitions. "Acquisition cost," as used in this clause means, the Contractor's original purchase price (including sales tax less salvage value) of an item of equipment including any and all accessories and expendable components required for utilization the item of equipment. For used equipment which is reconditioned and recapitalized, "acquisition cost" shall mean the adjusted amount resulting from the recapitalized value of the equipment as determined from the Contractor's accounting records.
"Equipment," as used in this clause, means equipment in sound workable condition at the construction work site, either owned or controlled by the Contractor or its subcontractors at any tier, or obtained from a commercial rental source, and furnished for use under this contract.
"Ownership cost," as used in this clause, means allowances for construction equipment depreciation and cost of facilities capital.
"Operating cost," as used in this clause, means the cost of operating equipment such as operating crew labor, servicing labor and equipment, labor andparts for all repairs and maintenance, fuel, oil, grease, supplies, tire wear and repair.
(b) Policy. Equitable adjustments made in the price of this contract pursuant to the Changes, Differing Site Condition, Suspension of Work, or other clause of the contract, may include allowable ownership and operating costs for equipment. In accordance with FAR 31.105(d), allowable ownership and operating costs for each piece of equipment, or groups of similar serial or series equipment, shall be determined using actual cost data when such data are available from the Contractor's accounting records. When actual costs cannot be so determined or when actual cost data for a specific element of operating cost do not contain costs for individual pieces or types of equipment, the procedures in paragraph (d) of this clause shall be used to determine allowable costs (provided, in the case of operating costs, that the costs are reconciled to the Contractor's total cost for that operating element). For fully depreciated equipment, the procedures in paragraph (e) of this clause shall be used to determine allowable costs.
(c) Required data. In any request made for an equitable adjustment, the Contractor shall furnish to the Contracting Officer --
(1) A complete description of each item of equipment (including all accessory equipment attached thereto) to be used in connection with the work to be performed listing the date of manufacture, date of acquisition, make, model, size, capacity, mounting, and type of power;
(2) Evidence of the acquisition cost of new or used equipment to be used including all available current and historical supporting cost data. If evidence of acquisition cost is not provided by the Contractor or if the data provided are unacceptable to the Contracting Officer, the Contracting Officer may determine the acquisition cost by other appropriate means.
(d) Use of the predetermined rate schedule.
(1) When the Contracting Officer determines that allowable ownership and operating costs cannot be determined from the Contractor's accounting records, the U.S. Army Corps of Engineers pamphlet entitled "Construction Equipment Ownership and Operating Expense Schedule" (Schedule) for the State in which the construction site is located shall be used to calculate ownership and operating rates. Copies of the Schedules can be obtained, free of charge, fr