Sol_140R2019Q0072.pdf

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00010 Avian Predation Study Analysis of Sucker PIT Tag Data In Conjunction with Analysis of Bird Colonies Affecting Sucker Population

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34 2 of

140R2019Q0072 BUREAU OF RECLAMATION - MID-PACIFIC REGION

Avian Predation Analysis

PERFORMANCE WORK STATEMENT

KBAO AVIAN PREDATION ANALYSIS

1.0 SCOPE

1.1 OBJECTIVE The objective of this contract is to acquire contractor services to provide a comprehensive investigation of predator-prey interactions in Clear Lake Reservoir. This would be accomplished by two separate but related, tasks; (1) recover sucker PIT tags from bird colonies and conduct aerial photo censuses necessary to detect, enumerate, and guide PIT tag recovery efforts at American white pelican and double-crested cormorant colonies in the Upper Klamath basin and (2) determine PIT tag deposition probabilities for pelicans and cormorants, as feasible, to improve the accuracy and precision of predation rate estimates generated as part of Task 1.

The primary focus of this study will be to determine an independent on-colony PIT tag deposition probability for American white pelicans. However, if an isolated group of double-crested cormorants is accessible, similar methods would also be applied to estimate deposition probabilities for cormorants nesting in Clear Lake Reservoir. If cormorant-specific deposition trials cannot be conducted, an annual PIT tag deposition probability of 0.51 (95% c.i. = 0.34 - 0.70) established for cormorant nesting in the Columbia River estuary would be used (see Hostetter et al. 2015). Hostetter et al. (2015) used identical methods proposed herein, and exclusively fed ground-nesting cormorants (the same nesting habitat used in the Upper Klamath basin) hatchery-reared rainbow trout in the size range of smolts found in the estuary.

1.2 BACKGROUND

● Thousands of Lost River suckers and shortnose suckers are annually PIT-tagged (or recaptured) in Upper Klamath Lake and Clear Lake Reservoir. These data are used to gather information on Lost River sucker and shortnose sucker behavior and survival (Janney et al. 2008; Hewitt and Hayes 2013; Hewitt et al. 2015; Burdick et al. 2015).

● In 2019, as part of efforts to recover imperiled sucker populations and to address concerns regarding juvenile recruitment, upwards of 3,000 hatchery-reared juvenile suckers will be PIT-tagged and released into Upper Klamath Lake as part of the U.S. Fish and Wildlife Service’s Sucker Assisted Rearing Program (SARP). PIT tags enable specific information to be linked to individual fish at release and recapture, including species, size, age-class (adult, juvenile), release/recapture location, rearing history (SARP, naturally reared), and other information. A portion of these PIT-tagged suckers are consumed by avian predators with their corresponding PIT tag deposited (regurgitated or defecated) at nesting sites in Upper Klamath Lake and Clear Lake Reservoir, where they can be detected by researchers following the breeding season (Evans et al. 2016).

● This study addresses the need for a comprehensive investigation of predator-prey interactions in Clear Lake Reservoir. This would be accomplished by two separate but related, tasks; (1) recover sucker PIT tags from bird colonies and conduct aerial photo censuses necessary to detect, enumerate, and guide PIT tag recovery efforts at American white pelican and double-crested cormorant colonies in the Upper Klamath basin and (2) determine PIT tag deposition probabilities for pelicans and cormorants, as feasible, to improve the accuracy and precision of predation rate estimates.

2.0 REFERENCES - The following document may be referenced during the performance of this contract: No other documents are required.

Number

Title and Edition

Date

Source

Biological Opinions on the Effects of Proposed Klamath Project Operations from May 31, 2013, through March 31, 2023, on Five Federally Listed Threatened and Endangered Species

May 31, 2013 “Bureau of Reclamation”

3.0 TASKS - The contractor shall perform the following tasks:

Task 3.1: PIT Tag Recovery and Colonial Waterbird Surveys

In collaboration with U.S. Geological Survey – Klamath Field Station staff, conduct passive electronic recovery of sucker PIT tags at American white pelican and double-crested cormorant colonies detected in the Upper Klamath basin. Scanning efforts would be identical to those described in Evans et al. (2016), with multiple passes conducted for each pelican and cormorant colony identified during aerial surveys. Where possible, colony observations and geo-locations of recovered tags would be used to attribute a specific predator species to the mortality events. Because pelicans and cormorants often nest communally (i.e., species-specific nesting areas can overlap from one season the next), and only sucker PIT tags recovered in the same year they were detected alive can be assigned a specific predator, efforts to do so have been limited to date. If segregated nesting areas are observed, the SARP releases present a unique opportunity to determine species-specific predation given that all individuals will be available to avian predators for the first time.

Although recovery efforts will primarily focus on American white pelican and double-crested cormorant colonies, other piscivorous waterbirds (e.g., Caspian terns, great blue herons) may also breed at some locations and their respective nesting habitat would also be scanned, where feasible. All data will be compiled in a database maintained in collaboration with the U.S. Geological Survey - Klamath Field Station (POC David Hewitt).

Coordination with U.S. Fish and Wildlife Service – Klamath Basin National Wildlife Refuge Complex staff would occur prior to initiating this work, with any necessary special use or access permits requested during the Spring and Fall of 2018 and 2019, as necessary.

Completion of this work is also contingent on transportation to the remote colony locations in Upper Klamath Lake following the 2019 and 2020 breeding season via a Marsh Master owned and operated by U.S. Fish and Wildlife Service. Since 2009 the Refuge has supported this task by providing access to colonies in the marsh that are not accessible by conventional vehicles or boats, therefore, recommend requesting their support in 2019 and 2020.

The size of American white pelican and double-crested cormorant colonies would be determined using the methods of Adkins et al. (2014) by obtaining oblique digital photography during multiple aerial surveys of waterbird colonies in the Upper Klamath River basin. Surveys would be scheduled throughout the breeding season to detect early colony formation (late April), peak colony size (late May to early June), and nesting success (late July), to the extent possible (i.e., assuming colonies are active). Anticipated survey locations would include historical colonies in Upper Klamath Lake, Clear Lake Reservoir, Tule Lake, and Sheepy Lake, and other potential locations within the basin that are identified during the 2018 and 2019 breeding season. Aerial photographs would be imported into an existing GIS software platform developed by our research team to enumerate individual pelicans and cormorants at each colony, and to characterize colony productivity by identifying fledglings at each colony (see Evans et al. 2016 for additional details). These data are particularly important in understanding variation in predation rates that may be attributed to differences in colony attendance, colony size, and productivity at each colony.

Figure 1. Nesting sites (red dots) used by American white pelicans and double‐crested cormorants in Upper KlamathLake and Clear Lake Reservoir in years past (see Evans et al. 2016 for details).

Predation rate estimates for juvenile Upper Klamath Lake suckers would be based on the number of fish available to avian predators during the 2018 and 2019 breeding season. As such, all juvenile suckers released as part of the SARP prior to 31 August each year (presumed end of the nesting season) would be considered available to avian predators. If sample sizes are adequate, predation rates for sub-groups of fish will also be generated (e.g., repatriated vs. salvaged) to determine possible differences in relative susceptibility.

Additionally, calculate predation rate estimates for adult Lost River and shortnose suckers, to the extent possible (as sample sizes allow). To do so, a PIT-tagged sucker must have been either physically captured in nets, or passively encountered at remote antennas within the year prior to the tag being detected on a bird colony, but no later than August 31. For instance, all PIT-tagged suckers captured or encountered at remote antenna arrays between 1 September 2017 and 31 August 2018 would be considered available to avian predators in 2018 (Evans et al. 2016). To minimize spurious results that can arise from small sample sizes of tagged fish (Evans et al. 2012), limit analyses to groups of ≥ 100 PIT-tagged suckers per subset.

Following previously established methods (Hostetter et al. 2015; Evans et al. 2016), a Bayesian hierarchical model will be used to estimate predation rates based on the number of PIT-tagged suckers available and the number of these tags recovered on Upper Klamath Lake and Clear Lake Reservoir colonies in 2018 and 2019. This model simultaneously estimates and incorporates the uncertainty stemming from imperfect on- colony detection and deposition probabilities (Task 2; see Figure 2 for conceptual illustration), resulting in unbiased and precise estimates of predation rates (Hostetter et al. 2015).

Figure 2. Conceptual model of the tag recovery process in capture–mark–recovery studies of avian predation on fish populations. The probability of recovering a fish tag on a bird colony is the product of three probabilities: the probability that a tagged fish is consumed (predation probability), the probability that the tag is deposited on the nesting colony (deposition probability), and the probability that the tag is detected by researchers (detection probability). Predation rate calculations to-date at Upper Klamath basin bird colonies have not accounted for deposition probabilities, resulting in minimum estimates of bird predation on ESA-listed suckers.

At minimum, generate predation rates on juvenile suckers released into Upper Klamath Lake and species-specific (i.e., LRS, SNS) predation rates for adult suckers in Upper Klamath Lake and Clear Lake Reservoir for each colony location identified during aerial surveys. Predation rate estimates would also be generated for each sub-group of fish with adequate sample sizes. To provide a comprehensive assessment of avian predation on Upper Klamath Lake juvenile suckers, generating predation estimates for colonies not located in Upper Klamath Lake, but within foraging range, is necessary given that prior research has documented foraging bouts by birds nesting at Clear Lake Reservoir in Upper Klamath Lake (Evans et al. 2016). Without a correction for deposition (see below), predation rate estimates generated as part of this task would remain minimum estimates of predation on Upper Klamath Lake and Clear Lake Reservoir suckers in 2018 and 2019 (see Evans et al. 2016 for additional details).

Task 3.2. PIT Tag Deposition Probabilities

To determine what fraction of PIT tags ingested by American white pelicans and double-crested cormorants are subsequently deposited on breeding colonies, follow methods established in Hostetter et al. (2015), by directly feeding breeding birds dead fish implanted with PIT tags throughout the breeding season in 2020. Since colonies in Upper Klamath Lake are not readily accessible for in-season monitoring, this study would be conducted at anticipated colonies in Clear Lake Reservoir. Alternatively, if colonies are not established in Clear Lake Reservoir due to environmental conditions or failed nesting, other potential colony locations would be considered if access is permitted (e.g., artificial islands in Sheepy and Tule lakes built by the U.S. Army Corps of Engineers). Deposition probabilities derived from this study would be applied to predation rate estimates for pelican and cormorant colonies located throughout the Upper Klamath basin.

For the deposition study, fish would be procured in a range of lengths representative of PIT-tagged suckers naturally present and depredated by American white pelicans and double-crested cormorants in Clear Lake Reservoir (72 mm – 730 mm; Evans et al. 2016).

Three independent feeding trials to identify any temporal variation in on-colony deposition probabilities will be attempted. These periods would be determined by colony-specific breeding chronology but generally would be during the early stages of colony establishment (late March), during peak colony attendance (late May), and during the chick rearing period (late June). Roughly equal sample sizes of PIT-tagged fish would be fed to birds each trial (n = 100 per trial) with each trial lasting no more than one week.

Sample sizes are the same as those used by Hostetter et al. (2015), which were adequate for statistical comparisons of deposition probabilities by trial. Each fish would be measured, implanted with a PIT tag identical to those used in sucker tagging programs (134 kHz full-duplex 12-mm), and presented to breeding pelicans or cormorants, as feasible. The final fate of each PIT-tagged fish would be recorded, with only those fish positively ingested by birds included in subsequent analyses. To increase the likelihood of successful feeding events, feed birds on land, within their nesting area, an approach that has been successfully used with other waterbird species in the Columbia River basin (double-crested cormorants, California gulls; Hostetter et al. 2015) without colony disturbance. However, if breeding locations prevent this, consider methods similar to those described in Teuscher et al. (2015) whereby fish were injected with air and floated to foraging birds on the water. Other methods may also be feasible and would be explored during the experiment setup phase (see Deliverables and Schedule below).

To help ensure that only breeding birds associated with the Clear Lake Reservoir colonies are fed, birds targeted in feeding trials would be on or near colony locations. Feeding trials would be conducted in a manner as to not disturb nesting birds, with PIT-tagged fish tossed to birds from temporary blinds, boats, tunnels or similar. Additionally, trials would be designed to feed as many unique birds as possible to best represent the colony at large.

Boat- or ground-based colony monitoring during each feeding period, and photography from aerial surveys (see Task 1) would be used to identify breeding birds and delineate accurate colony boundaries, information critical to isolate PIT tags that were deposited on-colony during subsequent scanning efforts. These observations would also determine in-season patterns of use and interactions between various piscivorous waterbird species nesting at Clear Lake Reservoir, information necessary to calculate predator-specific predation rate estimates.

4.0 PERFORMANCE REQUIREMENTS SUMMARY

Task No.

Task Description

Performance

Indicator

Performance

Standard

Minimum Acceptable Quality

Level 3.1-3.2 Reporting Timeliness Receipt of draft and final products by COTR no later than the delivery time as stated in Section 5.0

Adherence to schedule;

Schedule tracking by

COTR

3.1-3.2

Reporting

Quality of Deliverables (such as written documents)

Sufficiency review by COTR of deliverables

Successful review without major deficiencies (e.g., erroneous conclusions);

Review by COTR

3.1-3.2

Informal Updates Scheduled meetings and/or conference calls

Participation in meetings and/or conference calls to progress

Attendance - 100% of all meetings and/or conference calls as requested; Review by COTR of conference calls and/or meeting attendance logs from all sources

5.0 DATA AND REPORTS The contractor shall provide the following data and reports as follows:

Item No.

Description

Content

Format

Medium

Delivery

1.Informal updates

2. Progress Report

3. Draft Scientific Report

Quarterly updates every three (3) months

Six (6) months after award date

Results of Investigation

Progress

Progress

Results

Telephone or email

Telephone or email

Printed

Same

Printed

*KBAO c/o

*KBAO c/o COTR / three

(3) hard copies and digital results by June 30,

4. Oral Presentation

5. Final

Report with Reviewer Comments addressed

Research Findings

Scientific Results with changes

Power Point

Printed/digital

Digital

Printed/digital

Conducted at KBAO or USFWS by Sep 30, 2020

COTR three

(3) hardcopies and digital results by Dec 30, 2020

*Hard-copy and electronic files (e.g., MS Word, Adobe Acrobat pdf) of the draft and final reports shall be submitted to the U.S. Bureau of Reclamation Klamath Basin Area Office attention:

Attention: Torrey Tyler

U.S. Bureau of Reclamation Klamath Basin Area Office

6600 Washburn Way Klamath Falls, OR 97603

6.0 DELIVERABLES - The contractor shall submit the following reports in accordance with paragraph 5.0, “DATA AND REPORTS”:

A Draft Scientific Report (detailed report including an introduction, Method, Results, and Discussion sections) of findings associated with Task 3.1-3.2 will be submitted to the Bureau of Reclamation and U.S. Fish and Wildlife Service by 31 June 2020. A Final Scientific Report, incorporating comments received from the BOR, USFWS and USGS, will be delivered no more than 45 days after receiving written comments on the draft report. After the Final Scientific Report is complete, an oral presentation of research findings will be made at the BOR or USFWS offices in Klamath Falls, OR.

A Draft Data Report (2-3-page summary of findings and associated data tables and graphs) will be submitted to the Bureau of Reclamation and U.S. Fish and Wildlife Service by 30 December 2020. A Final Data Report, incorporating comments received from the BOR, USFWS, and USGS, will be delivered no more than 45 days after receiving written comments on the draft report. The Data Report will provide an update of and summary of findings during the 2019 nesting season.

Although it is not a specific deliverable associated with this project, in collaboration with the USGS, attempt to submit the Scientific Report to a peer-reviewed scientific journal for publication. Any publications and presentations stemming from this project will gratefully acknowledge funding and participation from the Bureau of Reclamation and the U.S. Fish and Wildlife Service.

The contractor shall provide an interim report to provide an update on the status of the tasks associated with the contract to Reclamation through conference calls.

The contractor working collaboratively with USGS will complete performance work statement tasks according to the following schedule:

a. The contractor shall provide updates to Reclamation informally through telephone and email every three months after contract is awarded through to completion of the agreement.

b. The contractor will provide a progress report document to Reclamation KBAO six months after contract award date.

c. The contractor will provide Reclamation with a draft Scientific Report by June 30, 2020 of the results. Reclamation will provide comments back to the contractor by July

30, 2020.

d. The contractor shall revise the draft Scientific Report based on review comments and provide Reclamation with a hard-copy and an electronic file of a Final Scientific

Report by December 30, 2020.

e. The contractor will provide an oral presentation using PowerPoint software of research findings will be held at either the U.S. Fish and Wildlife or Reclamation office in Klamath Falls, Oregon by September 30, 2020.

CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE - (FEB 1998)

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

FAR Clauses – https://www.acquisition.gov/far/

(End of clause)

CLAUSE TITLE DATE

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY

CODE MAINTENANCE

Jul 2016

52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS

Oct 2018

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-

KNOW INFORMATION

May 2011

52.232-40 PROVIDING ACCELERATED PAYMENTS TO

SMALL BUSINESS CONTRACTORS

Dec 2013

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

Apr 1984

52.242-15 STOP WORK ORDER Aug 1989

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS - (JAN 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

__X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C.

6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_X__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

_X__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.

13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

DOI-AAAP 0028 - ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS -

INVOICE PROCESSING PLATFORM (IPP) – (APRIL 2013)

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

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice

The Contractor shall attach/upload an electronic copy of the invoice to the IPP invoice submittal. The Contractor shall also submit an electronic copy of the IPP invoice to the attention of the Contracting Officer at supplyserviceinvoice@usbr.gov once the IPP invoice has been submitted.

Invoices must be submitted via IPP in order to be properly processed within the payment terms set forth under this contract.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

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

https://www.ipp.gov/ mailto:supplyserviceinvoice@usbr.gov mailto:ippgroup@bos.frb.org

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

(End of Local Clause)

1452.201-70 AUTHORITIES AND DELEGATIONS - (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of Clause)

WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES

AND LIMITATIONS -- BUREAU OF RECLAMATION (MAY 2018)

(a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

(1) Inspecting and accepting or rejecting work performed under the contract.

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the

Contractor on all technical matters relating to the contract. The COR will supervise or oversee all

Government technical and administrative personnel assigned to assist the COR.

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract;

therefore, the COR does not have the authority to, and may not, issue any technical direction that

(1) Constitutes a direction of additional work outside the Contract requirements;

(2) Constitutes a change as defined in the contract clause entitled “Changes;”

(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the

Changes clause of the contract; or

(2) Advise the Contractor that the Government will issue a written change order.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

(End of clause)

WBR 1452.223-82 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) In addition, pursuant to Federal Management Regulation (FMR) Bulletin 2009-B1, effective December 22, 2008, smoking is prohibited in courtyards and within 25 feet of doorways and air intake ducts on outdoor space under the jurisdiction, custody or control of GSA.

(End of clause)

WBR 1452.237-80 SECURITY REQUIREMENTS--BUREAU OF RECLAMATION (FEB

2017)

(a) (a)…