12_140R2019Q0140_Combined_Synopsis-Sol_8-15-2019.doc

Combined Synopsis/Solicitation

140R2019Q0140

SECTION B – CONTINUATION OF SF 1449 BLOCKS

Price Schedule

Period of Performance: September 21, 2019 June 30, 2020

Task 1a Sample processing and genetic analysis

Task 1b Sample processing and genetic analysis

Task 1c Sample processing and genetic analysis

Task 2 Sample processing and genetic analysis

Base Total

PERFORMANCE WORK STATEMENT

REAL-TIME MONITORING TO GENETICALLY IDENTIFY FISH

1.0 BACKGROUND

Reclamation operates the Federal Central Valley Project (CVP) in coordination with the State Water Project (SWP) which is operated by the California Department of Water Resources (DWR). Operations of the CVP and SWP impact water quality and quantity, fish distribution and survival, and available aquatic tidal habitats in the San Francisco Bay-Delta. The National Marine Fisheries Service (NMFS) evaluated these stressors in their Biological Opinion on the Long-term Coordinated Operation of the CVP and SWP (LTO BiOp) and concluded they are likely to jeopardize the continued existence of endangered Sacramento River winter run Chinook salmon, threatened Central Valley spring run Chinook salmon, threatened Central Valley steelhead, and threatened southern Distinct Population Segment of North American green sturgeon.

Central Valley salmon stocks differ in their Endangered Species Act listing status. Yet, it is often difficult to distinguish individuals from the different Evolutionarily Significant Units (ESUs). Consequently, many of the salmon monitoring and evaluation efforts in the Central Valley and Bay-Delta are hampered by uncertainty about stock identification and proportional effects of management actions. Recent studies have identified that the current length-at-date (LAD) methods for stock identification of juvenile Chinook salmon captured at Delta and river monitoring sites vary in their accuracy. In particular, uncertainty in the LAD method makes detecting spring-run Chinook Salmon from the Sacramento River tributaries and mainstem and reintroduced spring-run Chinook Salmon on the San Joaquin River mainstem difficult. The inaccuracy of the LAD method is likely due to differences in fish distribution during early rearing, habitat-specific growth rates, and inter-annual variability in temperatures and food availability that lead to overlap in the stock’s range of sizes. These differences cause variation in the accuracy of the LAD along the spatial and temporal scales of the riverscape.

Using multiple years of classification tables from these locations modeling will be attempted to characterize the likelihood of accurate assignment based on the length-at-date criteria. This broader characterization of genetic identification of observed salmonids and modeling aims to improve the accuracy and management value of Interagency Ecological Program monitoring data on Chinook Salmon and develop a tool to reduce uncertainty. We are implementing a well-established genetic stock identification method during water years 2017-2020 using a standardized baseline for samples collected at IEP and NMFS Biological Opinion (NMFS 2009) monitoring locations. Over the course of multiple years, the monitoring program will develop information necessary to model the likelihood of accurate assignment, which may be useful in assisting decision-making regarding habitat restoration utilization, river and Delta water operations, hatchery releases, and potentially harvest.

The Coordinated Genetic Monitoring Program began in 2015, but genetic results exist for earlier years (as early as 1996). The objective of the genetic monitoring program is to improve accuracy of Central Valley fish monitoring programs by providing genetic stock identification information for tissues that may be collected from Red Bluff, Knights Landing, DJFMP, salvage facilities, Sacramento River Fish stranding studies, and Mossdale monitoring stations. Samples will be collected from all four runs of Chinook salmon based on length-at-date (i.e., samples will be collected from Chinook of various sizes throughout the sampling period). Sample analyses may also include other difficult to identify species (e.g., larval Delta smelt or green sturgeon) or ambiguous samples (i.e., poor condition). The Rapid Genetic Protocol effort is one component of this Central Valley-Wide Genetic Monitoring Program (described below).

Genetic Analysis at Delta Fish Salvage Facilities

Genetic Identification Needs for Various Species: A requirement for species identification of larval fishes being salvaged at the CVP/SWP facilities was identified a few years ago. These data are heavily relied upon to estimate the effects of project operations on fish species. The presence of certain species (e.g., Delta Smelt) is an important factor that may influence export operations during the spring period as part of multiple actions in the USFWS LTO Biological Opinion. Currently, considerable labor and effort is expended by Reclamation biologists to identify species of larvae captured at the fish collection facilities between March and May, but the process can be slow and difficult due to the conditions of the salvaged fish. Genetic approaches to species identification occur rapidly and accurately. These data will be important to current fish management project underway by Reclamation biologists working to assess risk to Delta smelt due to operations, and evaluate relationships between smelt distribution and hydrodynamics

Genetic Identification Needs for Chinook Salmon: Based on interagency consultation, NMFS identified a requirement for stock identification of juvenile salmonid being salvaged at the CVP/SWP facilities. These data serve as one of the most heavily relied upon data sets used to estimate the effect of project operations (e.g., entrainment loss) on fish species. The frequency and density of particular runs of Chinook salmon are important factors that influence export operations between December and June as part of multiple actions in the NMFS LTO BiOp. Current methods for run differentiation rely on length-at-date criteria. Results show these criterion to be poor indicators of salmon runs since considerable overlap occurs in the timing and size of emigration. These uncertainties obscure scientists’ ability to distinguish run and tributary/hatchery of origin during emigration (e.g., mainstems, delta, fish facilities, Chipps Island). A Single Nucleotide Polymorphism (SNP) genetic baseline has been developed for Central Valley salmonids, with additional parentage based tagging baseline created for multiple hatcheries operated in the Central Valley. These data will be important to current fish management projects underway by Reclamation biologists to develop a new equation for estimating salmon salvage loss, to assess habitat utilization by different salmonid stocks, and evaluate relationships between salmonid stock distribution and hydrodynamics.

Rapid Genetic Procedures: Some of the action triggers in Actions IV.2.3 and IV.3 of the NMFS Biological Opinion are based on loss or loss density of unclipped older juvenile Chinook salmon. Chinook salmon race classifications are made using LAD tables. Older juvenile Chinook salmon are those fish larger than the minimum winter-run size classification using the LAD criteria. Triggers for older juvenile Chinook salmon are primarily intended to protect natural-origin winter-run Chinook salmon, but also include natural-origin yearling spring-run Chinook salmon. Because genetic identification of race (especially for winter-run Chinook salmon) is more accurate than the classification based on LAD tables (which often result in false positive assignments), a pilot rapid genetic testing protocol was implemented in WY 2015 by DWR and Reclamation. The objective of the protocol was to process genetic samples collected from older juvenile salmonids as soon as feasible after a loss/loss density trigger for older juvenile Chinook salmon has been exceeded. The rapid genetic testing protocol has the capability of quickly determining, with a high level of confidence, whether a salvaged fish is a winter-run Chinook salmon or not (first probability selection tier) and then establishing a second and third tier of probabilities as to which race and watershed a Chinook salmon from the “non-winter-run” category belongs to. Determining the genetic identity of the fish could avoid or minimize the duration of export reductions triggered by the loss of fish falling within the older juvenile Chinook salmon size range that were not genetically winter-run or yearling spring-run Chinook salmon.

For WY 2018, NMFS indicated that only fish determined as genetic winter-run would be used in determining the trigger exceedances, rather than including both genetic winter-run and yearling spring-run Chinook salmon in determining whether those trigger thresholds were exceeded. Reclamation and DWR more formally implemented this procedure during WYs 2016-2018, in coordination with the CDFW, FWS, and the NMFS. The procedure is intended to avoid (or minimize the duration of) export reductions resulting from loss of older juveniles that are not genetically listed Chinook salmon (i.e., winter-run or spring-run Chinook salmon). Action responses at the CVP and SWP export facilities to meet OMR requirements are initiated, if needed, when the older juvenile Chinook salmon trigger threshold is exceeded. However, if results of tissue genetic analysis indicate that the loss or loss density of genetically verified listed Chinook salmon (only genetic winter-run for WY 2018) did not exceed the trigger threshold, then changes in operations to comply with the OMR criteria required by the trigger exceedances will be cancelled. NMFS supported the use of this protocol with two additional conditions: 1) all unclipped Chinook salmon have tissue samples collected for subsequent analysis to correctly determine annual incidental take of listed fish, and 2) clarification that the annual incidental take limit of natural winter-run remains at 1% of the annual JPE (the original value of 2% of the JPE for incidental take assumes that there is a 50% misclassification of winter-run Chinook salmon based on the LAD tables; the ability to genetically verify fish as winter-run eliminates this uncertainty).

Biweekly and annual genetic procedures

Many juvenile Chinook salmon will be salvaged but not require the rapid genetic procedure since they are not older juveniles sized nor trigger an export operation. In these cases, Reclamation is committed to ensuring all tissue samples collected at the CVP are genetically identified. Reclamation has estimated it has a backlog of 5,000 samples from water years 2010-2019. Our goal is to have the current water year samples that do not trigger an operational action to be genetically identified within 2 weeks during January through April (8 biweekly periods). We plan to have fish tissues that are collected after April 30 analyzed with more cost effective methods that consequently have a slower turnaround time. Reclamation anticipates completing backlogged samples during 2020, and then staying up to date through the remainder of the contract.

2.0 OBJECTIVE

The objective of this contract is to acquire contractor services to genetically identify fish species to inform Central Valley Water Operations.

3.0 SCOPE - The Contractor will work to formulate the study design and coordinate the data collection, analysis and interpretation for each component of the project. The contractor shall perform the following tasks:

· Task 1- Identify population of origin from juvenile salmonid tissue samples from the Tracy Fish Collection Facility and other monitoring programs using approved genetic methods.

· Task 2- Genetically identify species of samples collected from the Tracy Fish Collection Facility and other monitoring programs.

· Task 3- Project Management.

Task 1. Identify population of origin from juvenile salmonid tissue samples from the Tracy Fish Collection Facility and other monitoring programs using approved genetic methods. This task will require contractor to be “on call” (including holidays and weekends) to receive and immediately analyze (within 24 hours) high-priority samples (e.g., those samples that trigger a reduction to CVP/SWP exports). Also, this task will support the biweekly and annual genetic data collections from CVP juvenile salmonid tissues. For each individual fish provide:

(a) sample ID, date, time, fish length, length-at-date species identification (for Chinook), and collection location of sample;

(b) identified race (for Chinook salmon); and

(c) probability of identification for each reporting group.

(d) failed samples

Any samples that cannot be analyzed will be identified and a rationale provided. A method for evaluation of accuracy should be identified in the study plan and approved by USBR biologists. This task will require contractor to be “on call” (including holidays and weekends) to receive and immediately analyze (within 24 hours) high-priority samples (e.g., those samples that trigger a reduction to CVP/SWP exports; typically January-March).

Estimated Dates: November through June annually.

Task 1 Deliverables: (1) an MS Excel spreadsheet containing all genotyped data collected to date submitted as described in annual work plan (see task 3); final summary submitted by August 15th of each year; (2) population assignment of salmonid samples; and (3) evaluation of accuracy of the genetic baseline.

· Estimated number of rapid turnaround sample trips/batches/events: 20

· Estimated number of high-priority samples: approximately 1,150

· Estimated number of low-priority samples: approximately 3,400

· Estimated number of low-priority backlog samples: 4,600

Task 2. Genetically identify species of samples collected from the Tracy Fish Collection Facility and other monitoring programs.

For each individual sample provide:

(a) sample ID, date, time, organism length, and location of sample;

(b) identified species; and

(c) probability of identification to other reference species.

Any samples that cannot be analyzed will be identified and a rationale provided. A method for evaluation of accuracy should be identified in the study plan and approved by USBR biologists.

Estimated number of samples (anticipated to be low priority): 100 per year Estimated Dates: March through June annually.

Task 2 Deliverables: (1) an MS Excel spreadsheet containing all genetic data collected to date; final summary submitted by September 30 of each year); (2) species assignment of samples; and (3) evaluation of accuracy of the species baseline.

Task 3. Project Management

Prior to initiation of annual studies, an annual study plan will be drafted, shared with Reclamation for comment, and revised as necessary prior to completion of a final annual study plan.

1) The Contractor shall provide the COR with updates on tasks. The updates may describe the work accomplished since the previous update, work currently underway and work anticipated. The update shall state whether the current work is on schedule, and if not, what actions are anticipated in order to get back on schedule. The update shall be provided through email.

2) The Contractor shall perform laboratory QA/QC. The Contractor shall review methods for accuracy and consistency and, where necessary, implement corrective actions. Contractor may provide guidance regarding sample collection, preservation, archive, and inventory.

3) The Contractor shall attend meetings with Reclamation COR regarding the project.

Task 3 Deliverables: (1) Updates on tasks, (2) presentation to Reclamation on annual results, (3) annual study plans.

4.0 TYPE OF CONTRACT

The government will award a firm fixed price contract for this requirement.

5.0 Period of Performance

September 21. 2019-June 30, 2020

6.0 Administrative Information

6.1 Recognized Holidays

The contractor may be responsible for performing services on the following holidays:

New Year’s Day

Labor Day

Martin Luther King Jr.’s Birthday

Columbus Day

President’s Day

Veteran’s Day

Memorial Day

Thanksgiving

Independence Day

Christmas

6.2 Place of Performance

The work will be performed at the contractor’s facility. The samples will be provided from the Fish and Wildlife Central Valley Tissue Archive, located at 980 Riverside Parkway, Suite 110, West Sacramento, CA 95605.

7.0 Deliverables

The contractor shall submit the following reports in accordance with the table below:

Item No.

8.0 Performance Assessment and Disincentives

The Quality Assurance Surveillance Plan is one evaluation method the government uses to surveillance performance to determine whether the Contractor meets the standards of performance as defined in the PWS. The absence of a QASP for any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract in determining the quality of the Contractor performance.

PERFORMANCE REQUIREMENTS SUMMARY AND

QUALITY ASSURANCE SURVIELLANCE PLAN (QASP)

Task No.

Acceptable Quality Level

Data results delivered on time

Data should be delivered on-time no less than 98% of the time.

Task 2

Data should be delivered on-time no less than 98% of the time.

Tasks

1, 2, 3

SECTION C – CONTRACT CLAUSES

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items - (MAY 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:

_X_ (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]

_X_ (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).

___ (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]

_X_ (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.

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

_X_ (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).

_X_ (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.

_X_ (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).

___ (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)(13)).

___ (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) 52.217-8 Option to Extend Services – (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor before the period f performance ends.

(End of Clause) 52.217-9 Option to Extend the Term of the Contract – (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within one day of the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed four years.

(End of Clause) 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)

DOI-AAAP-0028 Electronic Invoicing and Payment Requirements-Invoice Processing Platform (IPP) – (APR 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.

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 clause)

DOI-AAAP-0050 Using and Reporting Of Contractor Performance Information (CPARS) – (Dec 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

6) The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Clause) DIAR 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 1452.237-80 Security Requirements--Bureau of Reclamation (FEB 2017)

(a) (a) General Security Requirements:

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's Representative.