Amend_0001_C05_05_Combined_Synopsis_Solicitation_0001.pdf

Combined Synopsis/Solicitation

BUREAU OF RECLAMATION, INTERIOR REGION 10

SACRAMENTO, CALIFORNIA

140R2024Q0060

COMBINED SYNOPSIS/SOLICITATION

Lahontan Basin Area Office (LBAO)

Vegetation Management Services

Blanket Purchase Agreement (BPA) Setup

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. Bureau of Reclamation (BOR) intends to award a Firm-

Fixed Priced Blanket Purchase Agreements (BPA’s). This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number 140R2024Q0060 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 2024-05. This requirement is being solicited as 100% Set Aside for Small Businesses and will be awarded on a Comparative Evaluation basis.

GENERAL INFORMATION

RFQ Number: 140R2024Q0060

Request for Quotation (RFQ) Request for Proposal (RFP) Invitation for Bid (IFB)

This acquisition is set-aside 100 percent Small Business concerns only. (Large businesses may not submit a quote.)

North American Industry Classification Code

(NAICS): 561730

Size

Standard: $9.5 million

Quote Due Date:

Quote Submission:

August 22, 2024

05:00 PM Pacific Daylight Time

By email to kgonzalez@usbr.gov

Contact Information: Kevin Gonzalez

Email: kgonzalez@usbr.gov

Site Visit July 26, 2024

Advanced Notice REQUIRED for attendance

08:00 AM to 12:30 PM Pacific Daylight Time

Notice Required no later than:

July 25, 2024

12:00 PM Pacific Daylight Time

To: Kevin Gonzalez

Email: kgonzalez@usbr.gov

Places of Performance:

Derby Dam

999 W Canal Road

McCarran, Nevada 89434

Stampede Dam

501 Stampede Dam Road

Truckee, CA 96161

Prosser Creek Dam

15475 Prosser Creek Dam Road mailto:kgonzalez@usbr.gov

BUSINESS INFORMATION

Business Information:

Business Name: ________________________________________________

Business Address: ______________________________________________

Business Point of Contact: _______________________________________

Business Phone Number: _____________________________ E-mail: _______________________________

Business Size (select one): Small Large

Unique Entity ID (UEID): ______________________

Tax ID Number: _______________________

**See Attached Pricing Schedule**

*Quantities are estimated quantities and are to be used solely for evaluation purposes*

QUOTE VALID DATE

Quotes shall be valid for 60 days from the quote due date

Authorized Agent’s Signature/Date: _________________________________________

QUOTE/PRICING SCHEDULE

Please see further instructions for quote submission under Addendum to Provision 52.212-1 starting on page 40 of this document.

Documents necessary for quote submission are as follows:

1. Completed and signed Page 5 of this document and attachment 1 - Pricing Schedule

2. Completed provision 52.212-3, Offeror’s Representations and Certifications NOTE: The quoter shall complete only paragraphs (b) of this provision if the Quoter has completed the annual representations and certification electronically via System for Award Management (SAM).

3. Technical Specifications of the services being offered. Contractor shall provide all necessary documentation that demonstrates adherence to the performance work statement.

4. Provide evidence of valid State or Local application licenses and Proof of Insurance applicable to each place of performance.

5. Provide a listing of key personnel and staffing.

Performance Work Statement Vegetation Management Services

Derby Dam, Prosser Creek Dam, and Stampede Dam and Dikes

Lahontan Basin Area Office, Carson City, Nevada

July 2024

1. GENERAL INFORMATION: The Blanket Purchase Agreement (BPA) Holder/Contractor shall provide necessary and qualified personnel, facilities, equipment, transportation, and materials required to provide non-aquatic and aquatic vegetation treatment application and dead vegetation removal services for Derby Dam, Prosser Creek Dam, and

Stampede Dam and Dikes under the jurisdiction of the United States Bureau of Reclamation (USBR), Lahontan Basin

Area Office (LBAO). The BPA Holder/Contractor shall ensure that good business and management practices are followed in performing the ordered services, such that the Government receives the greatest value for the services provided.

a. Background: Derby Dam is a diversion dam on the Truckee River, located between Reno and Fernley in in Storey and Washoe Counties, Nevada; approximately 20 miles east of Reno, Nevada. The dam consists of a concrete buttress style gated spillway structure, a canal headworks, and an embankment wing. The facility also includes a rock lined

Fishway located in the embankment wing, and a recently constructed Fishscreen. The embankment wing is located on the left abutments and has an upstream face that is partially protected by riprap. The northern end of the embankment wing contains a low section referred to as a “soft plug” and serves as an emergency spillway. The Fishscreen includes an array of five (5) horizontal fish screens and provides flow into the Truckee Canal. The Fishscreen includes access roads that need to remain free of vegetation to complete maintenance and perform visual inspections of the screens as needed. The area to be treated at Derby Dam includes the roadways within the project area, the upstream and downstream dam faces, the Fishway channel and slopes, and the emergency spillway channel. The area that requires vegetation management for this facility is approximately 13 acres. The 13 acres includes approximately 4.9 acres of non-aquatic vegetation treatment application services, 1.2 acres of aquatic vegetation treatment application services, and approximately 6.9 acres of hand-applied aquatic vegetation treatment application services targeting Purple

Loosestrife (refer to Figure 1). Vegetation removal services shall be performed on the 13 acres shown in Figure 1.

Prosser Creek Dam is in Nevada County, California; approximately 1½ miles upstream of Truckee River and about four miles northeast of Truckee, California. The dam is a zoned earthfill structure with a structural height of 165.6 feet and a crest length of 1,830 feet. The area to be treated at Prosser Dam includes the downstream face (25 feet beyond the groins and 50 feet beyond the downstream toe), the toe drain channel, the well-vegetated (dark green) area at the right toe, and the top 1/3 of the upstream face (25 feet beyond the groin and a finger section between the reservoir and spillway channel). The approximate acreage that requires vegetation management is 11.9 acres. The 11.9 acres includes approximately 11.3 acres of non-aquatic vegetation treatment application services and 0.6 acres of aquatic vegetation treatment application services (refer to Figure 2). Vegetation removal services shall be performed on the 11.9 acres shown in Figure 2.

Stampede Dam is in Sierra County, California; approximately 11 miles northeast of Truckee, California. Stampede

Dam has a height of approximately 250 feet, with a crest length of 1,511 feet. Stampede Dam includes the original dike and two saddle dikes, the east and west, which were constructed as part of a recent modification at topographic lows along the reservoir rim for impounding extreme floods. The original dike is a zoned earthfill approximately

1,449 feet long, with a maximum structural height of 85 feet, a crest width of 40 feet at elevation 5,974 feet and extends across a saddle on the south side of the reservoir about 1,200 feet from the right abutment of the dam. The saddle dikes are homogeneous earthfill embankments, with a 10-foot-wide crest. The east dike has a structural height of 19.5 feet and the west dike has a structural height of 4.5 feet. The original dike, the two saddle dikes, and the dam’s downstream face require vegetation treatment 25 feet beyond the groin and 50 feet beyond the toe on all features.

Additionally, the toe drain channel to the convergence with natural drainage from left and the top 1/3 upstream face of dam are the other areas requiring treatment at Stampede Dam. The total vegetation treatment area for the dam and dikes is approximately 24 acres. The 24 acres includes approximately 22.7 acres of non-aquatic vegetation treatment application services and approximately 1.3 acres of aquatic vegetation treatment application services (see Figure 3 and

Figure 4). Vegetation removal services shall be performed on the 24 acres shown in Figure 3 and Figure 4.

LBAO requires vegetation application treatments and dead vegetation removal at Derby Dam, Prosser Creek Dam, and Stampede Dam and dikes to continue performing adequate visual inspections as well as maintain access to roads and all other pertinent facility features. All work performed on this project shall be done in accordance with applicable federal safety practices. Federal and safety practices include, but are not limited to items outlined in the

Reclamation Directives and Standards (https://www.usbr.gov/recman/) and the Reclamation Safety and Health

Standards (RSHS) (https://www.usbr.gov/ssle/safety/). Approved chemicals that may be used for vegetation management practices on Reclamation Land are provided by the U.S. Bureau of Land Management (refer to Section

6. General Requirements for more information).

b. Government Regular Working Hours: The government regular working hours at all facilities included in this blanket purchase agreement are between 7:30 A.M and 4:00 P.M., Monday through Friday, except for federal holidays and other days specifically designated by the Contracting Officer. Federal holidays include New Year’s Day, Martin Luther King Jr.’s Birthday, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Eve, and Christmas Day.

The Contractor shall schedule regular working hours between 7:30 A.M. and 4:00 P.M., Monday through Friday, except for federal holidays. After-regular-working hours are the hours not included in the regular hours as described and include weekends and holidays.

2. TASKS: This Blanket Purchase Agreement shall cover requirements to complete the application of vegetation treatments and dead vegetation removal services to Reclamation facilities, including Derby Dam, Prosser Creek Dam, and

Stampede Dam and Dikes. The Contractor shall provide all labor, administration, transportation, equipment, materials, supervision, and personnel necessary to complete the project tasks and vegetation management work at the listed

Reclamation facilities.

2.1 TASK 1 – Annual Management Site Visit, Vegetation Management Work Plan, and Site-Specific Hazard

Analysis Plan

2.1.1 Management Site Visits

Reclamation will schedule a kick-off meeting with the Contractor to review the tasks, schedule, and funding. Reclamation will schedule a mandatory site visit each year prior to the update of the Work Plan; and as applicable before onsite treatments or vegetation removal occur.

Deliverable

The Contractor and LBAO will determine the baseline schedule, potential risks, and evaluate task needs. The Contractor will evaluate the vegetation species that are present, recommend treatment methods, and determine the effectiveness of the previous season treatments for vegetation.

2.1.2 Vegetation Management Work Plan

The Contractor shall develop a Vegetation Management Work Plan (Work Plan) that will be updated prior to each management season. The Work Plan shall cover the applicable period of performance.

https://www.usbr.gov/recman/ https://www.usbr.gov/ssle/safety/

The Work Plan will provide recommendations of chemical use and outline the proposed method and timing necessary for the elimination of vegetation from the treatment area. The Work Plan will include a proposed timetable for vegetation treatment along with the chemicals and their application rates proposed for each target species noted at each project site.

Additionally, the Work Plan shall outline the proposed dates for removal of dead vegetation that resulted from previous or current vegetation treatment practices. The Work Plan shall also describe the effectiveness of the previous season treatments for target vegetation and recommend changes as applicable.

The Contractor shall include in the Work Plan steps to be taken to prevent the unauthorized release of any chemicals, and the steps to be taken to remediate an unauthorized chemical release (including clean-up procedures to be undertaken) allowing for the protection of the visiting public, workers, Reclamation employees, neighbors/adjoining property owners, and the environment.

The Work Plan shall include all managerial and administrative duties the Contractor must perform to manage this blanket purchase agreement. Some of the project management duties shall include:

• Provide the Hold Harmless Agreement.

• Provide State Licenses.

• Provide Proof of Insurance.

• Provide the name and contact number of the job supervisor and any information for emergency notification in case of injury onsite to employees.

• Participate in monthly or as needed project management conference calls.

• Develop the baseline schedule for vegetation application treatments at all facilities.

• Develop the baseline schedule for dead vegetation removal and processes.

• Prepare and submit status reports and invoices, as applicable.

• All submitted draft and final reports must meet the blanket purchase agreement quality control standards and follow the quality management program used by Reclamation.

The Contractor shall submit an electronic copy of the Work Plan to the Project Manager (PM) for approval.

2.1.3 Site Specific Hazard Analysis Plan

The Contractor shall submit the initial Site-Specific Hazard Analysis Plan (SSHAP) prior to commencing work. The

Contractor shall update the SSHAP each executed year and provide lessons learned as part of the required safety meetings for site personnel. The SSHAP shall identify all possible hazards and provide actions for preventing or mitigating them shall they occur. SSHAP shall include location and route to the nearest hospital, name and telephone number of company physician, telephone number for ambulance, and list police and fire departments having jurisdiction.

The Contractor shall submit an electronic copy of the SSHAP to the PM for approval.

2.2 TASK 2 – Vegetation Treatments and Vegetation Removal

Vegetation Treatments

The Contractor shall complete the application of vegetation treatments to Derby Dam, Prosser Creek Dam, and Stampede

Dam and Dikes. Typical vegetation treatments follow a pre- and post-emergent application process, with pre-emergent treatments applied in the Spring, and post-emergent vegetation treatments applied in the Fall. However, given the location, weather, and type of vegetation that is to be treated at each facility, the contractor will be required to apply vegetation treatments at a time deemed best for each facility. Additionally, Derby Dam has approximately 6.9 acres that require hand-application treatments targeting only Purple Loosestrife. The Contractor will be required to apply vegetation treatments at a time deemed best for treatment of this species. Vegetation treatments for each facility can occur at different times, but the time frames for the vegetation treatment applications for each facility shall be clearly stated in the Work

Plan and shall be approved by the Project Manager prior to any applications.

Vegetation Removal

The Contractor shall remove any dead vegetation resulting from previous or current vegetation management treatments for all facilities. However, the Contractor is NOT required to remove the dead vegetation from the approximate 6.9 acres that require aquatic hand-application treatments for removal of Purple Loosestrife.

The Contractor shall complete vegetation treatments and vegetation removal at each facility during the dates and timeframes as defined in the approved Work Plan.

The Contractor shall submit completed Vegetation Treatment Application Records to LBAO within two weeks (10 business days) after each application. The Contractor shall also submit the record to each County Agriculture Department having jurisdiction. The Vegetation Treatment Application Record shall include name and addresses where vegetation treatment was applied, name and addresses of the operating entity, type of vegetation treatment application performed, manufacturer and name of products used, Environmental Protection Agency (EPA) registration number of vegetation treatment application used, and total amount of product used, site(s) treated, and acres treated. The Vegetation Treatment

Application Record shall be signed by the applicator and include applicator identification number/permit number and license number.

Electronic Vegetation Treatment Application Records shall be submitted within two weeks (10 business days) of application(s).

Total Area

The total area and types of treatments that need to be applied are included in this section. Table 1 summarizes the locations and total acreage for non-aquatic vegetation treatment, Table 2 presents the approximate acreage to be treated with aquatic use/aquatic rated chemicals, and Table 3 presents the approximate acreage to be hand-applied with aquatic use/aquatic rated chemicals to target Purple Loosestrife. The areas calculated in each table exclude being presented in another. Table 4 presents the approximate acreage of non-aquatic vegetation removal. Table 5 presents the approximate acreage of aquatic vegetation removal.

Table 1: Calculated Area Estimate for Non- Aquatic Vegetation Treatment

CLIN Name Acres Reference

00020 Derby Dam 4.9 Figure 1

00030 Prosser Creek Dam 11.3 Figure 2

00040 Stampede Dam and Dike 21.2 Figure 3

00050 Stampede East and West Saddle Dikes 1.6 Figure 4

Total Acres 39

Table 2: Calculated Area Estimate for Aquatic Use Vegetation Treatment

00060 Derby Dam 1.2 Figure 1

00070 Prosser Creek Dam 0.6 Figure 2

00080 Stampede Dam and Dike 1.3 Figure 3

- Stampede East and West Saddle Dikes 0 Figure 4

Total Acres 3.1

Table 3: Calculated Area Estimate for Aquatic Use Hand-Application

Vegetation Treatment for Purple Loosestrife

CLIN Name Acres Reference

00090 Derby Dam 6.9 Figure 1

- Prosser Creek Dam 0 Figure 2

- Stampede Dam and Dike 0 Figure 3

Total Acres 6.9

Table 4: Calculated Area Estimate for Non- Aquatic Vegetation Removal

00100 Derby Dam 4.9 Figure 1

00110 Prosser Creek Dam 11.3 Figure 2

00120 Stampede Dam and Dike 21.2 Figure 3

00130 Stampede East and West Saddle Dikes 1.6 Figure 4

Total Acres 39

Table 5: Calculated Area Estimate for Aquatic Use Vegetation Removal

00140 Derby Dam 1.2 Figure 1

00150 Prosser Creek Dam 0.6 Figure 2

00160 Stampede Dam and Dike 1.3 Figure 3

Total Acres 3.1

3. PRODUCTS: All labor, supplies, and equipment necessary to perform the general requirements of this Blanket

Purchase Agreement are to be provided by the contractor.

4. LOCATION OF SERVICES: The location of services shall be at Derby Dam, Prosser Creek Dam, and Stampede

Dam. During the work, the Contractor shall minimize the impact on the employees to the greatest extent possible.

Delivery of any equipment utilized to meet the general requirements of this blanket purchase agreement shall be coordinated with LBAO staff. The address to each facility is as follows:

Derby Dam

999 W Canal Road

McCarran, Nevada 89434

Stampede Dam

501 Stampede Dam Road

Prosser Creek Dam

15475 Prosser Creek Dam Road

4.1 SECURITY

The Contractor shall be responsible for obtaining rights-of entry and/or permission from Reclamation or District and/or private landowners regarding any field visits.

Contractor shall be responsible for safeguarding all government equipment, information and property provided for

Contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

5. GENERAL REQUIREMENTS:

a. The Contractor must abide by all local, state, and Federal regulations relative to the work being performed. The

Contractor shall be responsible for all fees, fines, and penalties assessed for failure to comply with pertinent laws and regulations.

b. The Contractor shall provide proof of insurance for the performance of the requested activities; including but not limited to vehicle, workers compensation, and professional liability. Professional liability insurance shall have a minimum of $1 million per occurrence. The Bureau of Reclamation, Lahontan Basin Area Office shall be listed as additional insured on all professional liability insurance.

c. The Contractor shall provide Reclamation’s LBAO a hold harmless agreement for all actions resulting from their work activities.

d. Requirements regarding non-aquatic vegetation application treatments include the following:

i. Chemicals approved for use on Reclamation Lands are listed below. Use of these chemicals has been previously authorized by the U.S. Bureau of Land Management (BLM) and are subject to change. Use of other products may be requested by the Contractor but may only be used upon approval by BLM. These approval records will need to be provided to the Project Manager and Contracting Officer’s

Representative (COR) prior to use of chemicals on Reclamation Lands.

Approved Non-Aquatic Vegetation Treatment Chemicals (May be subject to change based on BLM website):

• Sulfometuron-methyl (Oust)

• Glyphosate (Rodeo, RoundUp)

• Clopyralid (Transline)

• Aminopyralid triisopropanol ammonium (Milestone VM)

• Oxyfluorfen (Goal)

• Oryzalin (4F CA)

• Tricloypr (Pathfinder, Garlon)

• Sulfentrazone (Portfolio 4F CA)

ii. The Contractor shall determine the selection of vegetation treatment chemicals most effective on bitterbrush, rabbitbrush, sage, thistle, and other miscellaneous weeds and grasses.

iii. The Contractor shall determine the selection of vegetation treatment chemicals labeled for aquatic use most effective on aquatic grasses, Typha latifolia (cattails), and weeds in toe drain channels, Derby Dam

Fishway, and other areas as outlined in the Figures provided in this PWS.

iv. The Contractor shall determine the selection of vegetation treatment chemicals labeled for aquatic use most effective on Purple Loosestrife to treat the areas at Derby Dam highlighted in Figure 1 provided in the PWS.

v. All work shall be performed by a Contractor licensed and permitted by the State of California Department of Agriculture and State of Nevada Department of Agriculture. The Contractor must be licensed and/or permitted to perform such activities by Nevada and Sierra Counties (in California) and Storey and

Washoe Counties (in Nevada). Proof of licensing and permits for the contractor and all applicators must be provided to Reclamation prior to the start of any chemical applications. The Contractor must also complete registration with the County Agriculture Commissioner’s Office for each County in which spray applications shall be made and shall provide proof of registration to Reclamation with the Spray

Management Work Plan.

vi. The Contractor shall include a surfactant in each tank mix to ensure that chemical drift is reduced to a minimum. All chemical applications will be discontinued when the wind conditions exceed label requirements.

vii. A non-toxic dye coloring to denote the areas treated will be included in each tank mix at the discretion of

Reclamation. The dye coloring will be selected by Reclamation. The Contractor shall inform

Reclamation as to the colors available. Color dye shall be visible for no longer than 30 calendar days after chemical treatment.

viii. The Contractor shall be responsible for the triple rinsing, crushing, and proper disposal of all pesticide, surfactant, and any other containers utilized on this project. The Contractor shall be responsible for the proper removal and disposal of all trash, rubbish, or other waste created while in the performance of this project work.

6. SCHEDULING: The LBAO staff will schedule services to be completed with notice of at least 10 business days. The

Contractor shall coordinate with LBAO staff for access to each facility prior to being onsite. LBAO will provide access to each facility for the duration of the vegetation treatment application(s) and, upon completion, will complete a site inspection to verify all areas have been treated. LBAO reserves the right to cancel or postpone vegetation treatment activities if the work cannot or is not being performed in a safe manner.

7. THE BPA ORDERING PROCESS: As requirements are determined by the Government to be appropriate for ordering under this BPA materialize the following shall take place:

a. The Government would issue Request for Quotations (RFQs) to the BPA Holder. The RFQs may include the following: 1) A Performance Work Statement (PWS) describing the work to be performed; 2) Any special contractual requirements that will apply to the order, to include delivery requirements/performance schedules; and

3) Quotation preparation and submittal instructions.

8. BPA MINIMUMS AND MAXIMUMS: The Government is obligated only to the extent of authorized purchases made under this BPA. No work is guaranteed under a BPA. Therefore, there is no minimum dollar value of work that will be ordered by the Government under this BPA. The maximum dollar value for this BPA will be $240,000.00 per year, with a total of $1,200,000.00 for five (5) years.

9. BPA ORDER LIMITATIONS: Each call issued under this BPA will be for an amount exceeding $0.01 but not more than $240,000.00 per year.

10. ORDERING OFFICES: Any warranted Contracting Officer with the proper delegated authority within the Bureau of

Reclamation, Interior Region 10 – California Great Basin, Acquisition Services can place calls/orders against the established BPA.

11. AUTHORIZED CALLERS: Any warranted Contracting Officer within the Bureau of Reclamation, Interior Region

10 – California Great Basin, Acquisition Services can place calls/orders against the established BPA.

12. TERM OF THIS BPA: This BPA will be valid for five (5) years from the date of award, unless either party in the agreement requests earlier discontinuation of the agreement. Should either party request its discontinuation, the request will be honored effective upon acceptance of all previously ordered work. Upon receipt of a request for discontinuation of this BPA, no new calls will be placed with the BPA Holder.

13. PERIOD OF PERFORMANCE: Each call placed under this BPA will have a separate period of performance. Once the BPA Holder has accepted the order, the call and the period of performance are contractually binding.

14. FIRM FIXED PRICE: Calls placed under this BPA will be firm fixed price. Price quotations will include all costs associated with performance of the required service, to include all labor, materials, travel, per diem, and another direct, indirect, or incidental costs necessary for performance of the ordered services. Unless the call is modified in writing (e.g.

there is a change in the scope of services ordered), the obligated amount will not be adjusted. The cost breakdown furnished with the price quotation is for information purposes only, so the Government may verify the lump sum price being quoted conforms with the agreed rate established on the BPA.

15. INVOICES: See clause 52.212-04(g) Invoices, and DOI-AAAP-0028 Electronic Invoicing and Payment

Requirements – Invoice Processing Platform. An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all fulfilled calls made during a billing period and for which payment has not been received.

16. PERFORMANCE BASED PLAN:

a. Monitoring Performance: During the evaluation period, the COR will track Contractor performance. Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the Contractor's performance during the period being evaluated. At the end of the period, the COR will assess the Contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP) and report to the Contracting Officer.

b. Contractor Self-Assessment: Following each evaluation period, the Contractor may provide a written self-assessment of its performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted not later than 5 business days after the end of each evaluation period. The self-evaluation shall not exceed 1 page per PRS element. The self-assessment shall address both the strengths and weaknesses of the Contractor's performance during the evaluation period. Where deficiencies in performance are noted, the Contractor shall describe the actions planned or taken to correct such deficiencies and avoid their recurrence. The self-assessment itself will NOT be the basis for the payment determination.

c. COR Recommendation: The COR will consider all evaluations and any other pertinent information, including

Contractor self-assessment, and will prepare a report to the Contracting Officer with findings and recommendations. The Contractor will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual errors. The COR's draft recommendation is not subject to negotiation and the COR will not engage in discussions with the Contractor. Any errors identified by the

Contractor will be addressed by the COR in its final report. The Contractor will be provided a copy of the final

COR report at the same time the report is submitted to the Contracting Officer.

d. Payment Determination: The Contracting Officer may meet with the COR to discuss the COR's report. The

Contracting Officer will make a final determination in writing as to the percentage of work successfully completed, and the resulting payment to be made. A copy of the determination will be provided to the Contractor no later than 45 calendar days after the end of the period being evaluated. All Contracting Officer decisions regarding payment calculations are unilateral decisions made solely at the discretion of the Government.

e. Deduction: Notwithstanding any other clause of this blanket purchase agreement, payment calculations will be made within the later of 60 calendar days after the end of the evaluation period or 30 calendar days upon receipt of an approved invoice.

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

Contractor performance.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Performance Requirement

Summary (PRS) Acceptable Quality Level Means of Measurement

Contractor shall comply with the

Performance Work Statement

Quality – All agreed upon work is performed to an acceptable level as stated in the performance work statement and in conjunction with applicable federal, state, or local regulations

99.9% of the time.

Timeliness – Contractor meets requirements outlined in the

Work Plan as described in

Section 3, Task 2, 98% of the time. Work is completed in accordance with approved Work

Plan schedule 98% of the time.

COR Surveillance

(100% review of periodic depending on tasks.)

17. ATTACHMENTS

1. List of Figures

a. Figure 1: Derby Dam Vegetation Control Area

b. Figure 2: Prosser Creek Dam Vegetation Control Area

c. Figure 3: Stampede Dam and Dike Vegetation Control Area

d. Figure 4: Stampede East and West Saddle Dike Vegetation Control Area

Figure 1: Derby Dam Vegetation Control Area

Figure 2: Prosser Creek Dam Vegetation Control Area

Figure 3: Stampede Figure 3: Dam and Dike Vegetation Control Area

Figure 4: Stampede East and West Saddle Dike Vegetation Control Area

SOLICITATION CLAUSES AND PROVISIONS

COMMERCIAL 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/

CLAUSE TITLE DATE

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS

NOV 2021

52.233-1 DISPUTES MAY 2014

52.232-39 UNENFORCEABILITY OF UNAUTHEROIZED OBLIGATIONS JUN 2013

(End of Clause)

52.203-12 LIMITATIONS ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN

2020)

(a) Definitions. As used in this clause-

Agency means "executive agency" as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and

Education Assistance Act ( 25 U.S.C. 450b) and include Alaskan Natives.

https://www.acquisition.gov/far/

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352 the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees. (i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern-

(A) The qualities and characteristics (including individual demonstrations) of the person’s products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person’s products or services for an agency’s use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments.

(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered

Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, "professional and technical services" are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR

52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the

Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts. (1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions, from each person requesting or receiving a subcontract under this contract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award.

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

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

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System

(FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for

Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for-

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the

Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the

Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information

Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (May 2024)

(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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After

Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10

U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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 products and commercial services:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41

U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of…