140R3022R0022_Combined_Synopsis_Solicitation.pdf

140R3022R0022 – D2 F9 Southwestern Willow Flycatcher Monitoring Combined Synopsis/Solicitation

(i) 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. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) To facilitate electronic proposal submissions through SAM.gov Contract Opportunities, a Request for Proposal (RFP No. 140R3022R0022) 1449 document is being issued subsequent to this combined synopsis/solicitation.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular number 2022-06.

(iv) This requirement is an UNRESTRICTED competition. The North American Industry Classification System (NAICS) Code for this acquisition is: 541620 Environmental Consulting Services. The small business size standard for NAICS Code 541620 is $16.5Million.

(v) Contract Line Items:

a. Base Year, Line item 0010 – Southwestern Willow Flycatcher Monitoring, in accordance with Attachment 1 – Performance Work Statement. The Performance Work Statement provides more detailed information about the requirement and is attached to the RFP at SAM.gov (opportunity reference number 140R3022R0022).

b. Option Line Item, Line item 0020 – Southwestern Willow Flycatcher Monitoring, in accordance with Attachment 1 – Performance Work Statement. The Performance Work Statement provides more detailed information about the requirement and is attached to the RFP at SAM.gov (opportunity reference number 140R3022R0022).

c. Option Line Item, Line item 0030 – Southwestern Willow Flycatcher Monitoring, in accordance with Attachment 1 – Performance Work Statement. The Performance Work Statement provides more detailed information about the requirement and is attached to the RFP at SAM.gov (opportunity reference number 140R3022R0022).

d. Optional Line Item, IAW FAR 52.217-8 Option to Extend Services, Line item 0040, Southwestern Willow Flycatcher Monitoring in accordance with Attachment 1 – Performance Work Statement. The Performance Work Statement provides more detailed information about the requirement and is attached to the RFP at SAM.gov (opportunity reference number 140R3022R0022).

Note: Offerors shall furnish pricing for the base year and the options in Section B of the solicitation package.

(vi) The Bureau of Reclamation has a requirement for biological monitoring services to survey for and collect demographic data on the endangered southwestern willow flycatcher (SWFL) in suitable and/or historical riparian and wetland habitats along the lower Colorado River (LCR).

The Contractor shall study and document the presence/absence of the SWFL along the LCR;

determine the breeding status; nesting success or cause of nesting failure, and any threats that exist for SWFL habitat.as outline in Attachment 1 – Performance Work Statement. Contractor shall provide all personnel, travel, housing, equipment, tools, permits, supplies, supervision, labor and transportation, and other items necessary to perform the monitoring services described in Attachment 1- Performance Work Statement.

(vii) Reclamation anticipates awarding one firm-fixed price contract as a result of this RFP with a base year and two option years.

(viii) The performance will begin on or about March 1, 2023 and will run for a 12 month performance period. There will be two (2) Option provisions included that if exercised will also run for a 12-month performance period.

THE FOLLOWING CLAUSES, PROVISIONS, AND ADDENDUMS ARE APPLICABLE TO

THIS COMMERCIAL ITEM ACQUISITION:

(ix) FAR provision 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services is applicable to this RFP.

Addendum to FAR 52.212-1

Proposal Submission Instructions

A. To assure timely and equitable evaluation of offers, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separate parts, Part I – Price Proposal and Part II – Technical Submission.

B. The Contracting Officer is the Government’s sole point of contact for this acquisition.

Address any questions or concerns you may have to the Contracting Officer. Written requests for clarification may be sent to the Contracting Officer. The Government reserves the right to revise or amend the performance work statement or the solicitation prior to the proposal closing time.

Such revisions or amendments will be communicated by amendments to the RFP and posted to the SAM.gov website (www.sam.gov). If such amendments require material changes in quantities or prices, the quote closing date may be postponed by enough days to enable offerors to revise their proposals. In such cases, the amendment will include an announcement of the new closing date and time. Offerors MUST acknowledge all amendments in their proposal by providing signed copies of the amendments with their offer, or by separate letter which includes a reference to the solicitation and amendment numbers. If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale as well as the remedies the offeror is asking the Contracting Officer to consider as related to the omission or error. The offeror is reminded that the Government reserves the right to award this effort based on the initial offer, as received, without discussion. This reservation includes matters of additional or substitute pages of the initial offer.

C. The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Office will review this determination and if, in the Contracting Officer’s opinion, adequate price competition exist no additional cost information will be requested. However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists; quoters may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness and affordability of the price.

D. Documents submitted in response to this RFP must be fully responsive to and consistent with the following:

1. Requirements of the RFP (CLINs & Performance Work Statement) and government standards and regulations pertaining to the Performance Work Statement.

2. Evaluation Factors for Award in section 52.212-2 Evaluation-Commercial Products and Commercial Services of this RFP.

3. Proposals must be emailed to Veronica Velarde at mvelarde@usbr.gov by the date and time specified on the RFP. Submissions by fax will NOT be permitted.

All responses shall be clearly marked in the subject line with the Solicitation No.

140R3022R0022.

4. Offer Acceptance Period: Offerors must agree to hold the proposed prices in response to this solicitation as “firm” for 60 days after the date of receipt of proposal.

5. Potential offerors are reminded they must be registered in the System for Award Management (SAM) at www.sam.gov with a current registration to be eligible for award;

ensure that all representations and certifications are completed in SAM for the applicable FAR provisions; and submit representations and certifications information with the proposal to the Contracting Officer if applicable.

E. Specific Instructions:

1. Part I – Price Proposal-

a. Complete SF 1449 blocks, 12, Discount Terms, 17a Contractor Name, Address, Cage Code, Telephone No., Fax No., 30a Signature of Offeror/Contractor, 30b Name and Title of Signer, 30c Date Signed, and applicable Reps and Certs. In doing so, the offeror accedes to the contract terms and conditions as written in the

RFP.

b. Insert proposed unit and extend prices in the Schedule for each Contract Line-Item Number (CLIN).

c. Subcontracting Plan - In accordance with FAR 19.702(a), a subcontracting plan is required to be submitted if the contract is expected to exceed $750,000. Small business concerns are not required to submit a subcontracting plan. The subcontracting plan is an evaluation factor for contract award. See FAR 52.212-2 Evaluation Factor 4 Small Business Participation. Solicitation, Attachment 04, contains a sample Small Business Subcontracting Plan format.

2. Part II – Technical Submission The offeror’s technical submission must clearly reflect the offeror has expertise, approach, available resources and equipment required to successfully perform the tasks described in the Performance Work Statement.

All offerors shall demonstrate experience on projects where the offeror was the prime contractor and where the work performed was similar in scope and magnitude to the work required under this solicitation. Similar in scope will be viewed as having experience working on projects involving surveying, monitoring, and tagging Southwestern Willow Flycatchers in similar terrain and conditions. All work must have been completed within the last 5 years. Include only projects comparable to the type described in the Statement of Work for which the firm was entirely responsible for providing the labor, equipment and material indicate their experience with performing similar or relevant projects providing the following:

Name of the project Description of work

Contract Number Contract period of performance Name, address, of the client Name, address, email address, and telephone number of contact or references

The offeror shall indicate past performance references on projects of similar scope, size, and complexity within the past five years by providing the following:

Name of the project Description of work Contract Number Contract period of performance Name, address, of the client Name, address, email address, and telephone number of contact or references

NOTE: An offeror without relevant past performance, or for whom information on past performance is not available, will be given a Neutral rating, and will not be evaluated favorably or unfavorably. This rating is neither negative nor positive. Neutral is merely indicative of a lack of prior performance.

Government may also use past performance information obtained from other than the sources identified by the offeror. Information obtained from the Contractor Performance Assessment Reporting System (CPARS) database located at http//www.cpars.gov is one of the sources that will be utilized.

52.204-07, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.252-05, Authorized Deviation in Provisions 1452.215-71, Use and Disclosure of Proposal Information

(x) 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following four (4) evaluation factors shall be used to evaluate offers:

1. Technical Approach

2. Experience

3. Past Performance

4. Small Business Participation

5. Price (all proposed prices will be reviewed for price reasonableness and any instances of unbalanced pricing)

(b) Options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the quote, shall result in a binding contract without further action by either party. Before the vendor's specified expiration time, the Government may accept a quote (or part of the quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Technical Evaluation Criteria:

Factor 1 – Technical Approach

Evaluation Criteria: The contractor shall demonstrate a complete and thorough understanding of all features of work required under this solicitation/contract and shall demonstrate the requisite knowledge to successfully perform SWFL monitoring within the stated performance period. The technical proposal must clearly reflect that the Offeror understands the requirement and has the expertise, available resources, and equipment required to successfully perform the objectives as described in the Performance Work Statement (PWS). The technical proposal shall be detailed enough to show that the Offeror is able to perform all work stated in the PWS. At a minimum, the technical proposal shall include:

(i) Explanations of proposed approaches to performing and accomplishing the work, including a specific outline of the actual tasks proposed to be performed in order to complete the work within the stated performance period, including the following:

a. Approach to prepare for and implement the southwestern willow flycatcher surveys and monitoring. This will include the logistic planning and preparation of the field crew.

b. Approach to ensure that survey biologists are recording and evaluating data correctly. This will include correctly determining residency of detected birds, accurately delineating territories, and correctly identifying breeding evidence.

c. Logistical approach to conduct surveys and territory monitoring at Alamo Lake.

d. Approach for preparing and conducting banding activities, and placing nano-tags on birds. Include information on training of banders, ability to acquire needed permits, and the use of protocols to ensure that birds are captured and tagged safely without causing harm to any birds.

e. Approach for how ArcGIS Shapefiles will be created for all bird detections and territories.

f. Approach to ensure work is conducted in a safe manner (fieldwork, office work, travel and lodging).

g. Approach for implementing and complying with the data management and metadata guidelines in the PWS.

h. Approach for managing schedules to ensure all milestones and deliverables are met on time.

i. Approach for training staff to: conduct complete and accurate surveys; enter, analyze, and manage data; document procedures; and prepare reports.

j. Approach for assuring and maintaining data quality (QA/QC approach for field work, data management and data analysis), include all data and have the appropriate file name and metadata.

k. Explain how draft and final annual reports will be produced that follow the MSCP template and writer guidelines; include information stated in the PWS; and minimize the amount of grammatical, formatting, technical, and spelling errors.

l. Explain what equipment and supplies will be used in the field and office.

(iv) Limit this section to no more than 10 pages excluding any project Gantt Charts, milestone schedules and tabulations.

Evaluation Standards: The Offeror’s Technical Approach will be evaluated to determine the following: 1) if required objectives and timeline have been addressed; 2) feasibility of approach inclusive of all minimum technical approach listed in factor 3 description ; 3) if approach is technically sound (uses proven, successful methods); 4) the methods are practical for achieving the goals and objectives outlined in the PWS; and 5) the Offeror’s approach includes enough detail and is clear enough to show that all requirements in the PWS will be met with little or no risk to the Government.

Factor 2 – Experience

Evaluation Criteria: The contractor shall demonstrate the level of experience similar to those requested in the Performance Work Statement. All reported experience is related to endangered bird monitoring services similar in scope and magnitude to the tasks described in the PWS.

The Offeror shall demonstrate their experience by providing a list of no less than 2 projects but no more than 5 projects similar in size, scope and complexity to the work required under this solicitation which the Offeror has/have completed during the last five (5) years from the closing date of the solicitation. For each project, include:

- Name of the project;

- Contract number, date, and type;

- Initial contract amount, final contract amount, and an explanation for the difference;

- Detailed description of work;

- Project scheduled completion date, actual completion date, and an explanation for the difference;

- References—Provide the name and address of the acquiring Government agency or commercial customer, and the name(s) and telephone number(s) of point(s) of contact that were directly involved with your company during the period of performance who may be contacted for further information; Limit the description of each project to no more than 1 page.

The Government will consider subcontractors’ experience as well as the Offeror’s experience, if provided. For the Government to consider the relevance of a subcontractor’s experience, the Offeror shall include a Letter of Commitment. The Letter of Commitment shall be signed by both the Offeror and subcontractor and shall demonstrate the commitment of both parties to this project.

Evaluation Standards:

The Government will evaluate the experience of SWFL monitoring similar in scope, complexity, and magnitude to the work required under this solicitation. The Government will utilize information gained from contact references and may utilize information from sources not provided by the Offeror.

Factor 3 – Past Performance

Evaluation Criteria: It is considered important to the Government that the Offeror have substantial past performance with work similar in nature to the requirements contained within this contract solicitation. Past performance information will be reviewed and verified by the Contracting Officer. Be advised the Government may contact references as required and may obtain information from sources not provided by the Offeror. No additional information is being requested from the vendor at time of submission (i.e., Past Performance Questionnaires will not be required).

Evaluation Standards: The government will evaluate the Offeror’s relevant past performance to determine eligibility for task order award. The Government will evaluate:

1) Information provided by the Contractor Performance Assessment Reporting System (CPARS).

2) The past performance for work on projects of similar scope, complexity, and magnitude to the work required under this task order RFP. The past performance involving work accomplished under critical completion timeframes and outages.

3) The Government will view an Offeror or subcontractor without a record of relevant past performance for whom past performance is not available with a neutral rating.

Factor 4: Small Business Participation

Evaluation Criteria: All offerors (both other than small businesses and small businesses) will be evaluated on the extent of proposed participation/commitment to use U.S. small businesses in the performance of this acquisition (as small business prime offerors or small business subcontractors) relative to the objectives and requirements established herein. Small business offerors self-certified in SAM.gov will receive the maximum credit for this evaluation factor and do not need to submit any documentation supporting this evaluation factor. For all other offerors the Government will evaluate the following in no order of importance:

1. The extent of identification and participation of small and socio-economic business subcontractors in terms of the value of the total acquisition (total contract value)

2. The extent to which offerors met or exceed DOI subcontracting goals for small and socio-economically disadvantaged businesses. Offerors that propose small or socio-economic subcontractors that met or exceed DOI’s prior year subcontracting performance will be evaluated favorably.

Small or Socio-Economic Business Type DOI Goal Most Recent Prior Year

Subcontract Performance Small Business 44% 0% Socio-Economically Disadvantaged Small business (SDB)

5% 0%

Women Owned Small Business (WOSB) 5% 0% Service Disabled Veteran Owned Small Business (SDVOSB)

3% 0%

Historically Underutilized Business District Small Business (HUBZone)

3% 0%

Indian Small Business Economic Enterprises (ISBEE)

N/A 0%

3. The extent to which offerors demonstrate substantive commitment to small business firms, such as, letters of commitment, Joint Ventures, mentor/protégé agreements, or other demonstrations of commitment (i.e., binding commitments will become enforceable/contractual requirements)

4. Identification of the type and variety of the work small firms are to perform (i.e., binding commitments will become enforceable/contractual requirements)

5. The extent to which the offeror provides detailed explanations/documentation supporting the proposed quantitative participation

6. The extent to which the offeror complied with requirements of FAR 52.219-8, Utilization of Small Business Concerns

Evaluation Standard: The Government will evaluate the proposal to determine which offeror proposes the best value in terms of Small Business Participation. Offers submitted by a small business prime offeror will also be evaluated and will receive the maximum score for this evaluation criteria.

Factor 5: Price

(a) For award consideration purposes, the Government will calculate a Total Evaluated Price (TEP). The TEP is the sum of the total proposed prices listed on Schedules 1 through 5. This is the same price as that reflected on the ‘Total for All Schedules (Total Evaluated Price)” line in the table on page B-5 of this solicitation. All proposed prices will be evaluated for price reasonableness and balanced pricing in accordance with FAR 14.404-1.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(xi) FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services (November 2021).

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

Addendum to 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (November 2021).

52.252-1, Provisions Incorporated by Reference 52-209, Prohibition on Contracting with Inverted Domestic Corporations – Representations 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentially Agreements – Representations 52.209-7, Information Regarding Responsibility Matters 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representative and Certification

(xii) FAR clause 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services (November 2021).

Addendum to FAR Clause 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services - 52.203-17, Contractor Employee Whistleblower Rights and requirement to Inform Employees of Whistleblower Rights 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-13, System for Award Management Maintenance 52.204-18, Commercial and Government Entity Code Maintenance 52.204-19, Incorporation by Reference of Representation and Certifications 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.227-14, Rights in Data, General 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.233-04, Applicable Law for Breach of Contract Claim 52.242-15, Stop-Work Order 52.252-06, Authorized Deviations in Clauses (APR 1984)

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):

Federal Acquisition Regulations (FAR) clauses: https://www.acquisition.gov/browse/index/far and Department of the Interior Acquisition Regulations (DIAR) clauses:

https://www.acquisition.gov/diar

In addition, clauses can be identified as follows:

FAR - by the number prefix 52, e.g. 52.252-01, etc.; and DIAR - by the number prefix 1452 and number suffix of -70, e.g. 1452.204-70.

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 within 30 calendar days of expiration of the contract.

(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 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 5 years.

(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 invoicing 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 Products and Commercial Services 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:

NONE

NOTE: On the same date that a contractor inputs their invoice information into IPP, the Contractor shall email a copy of the paper invoice directly to the Contract Specialist at mvelarde@usbr.gov. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

The Contractor shall also submit an electronic copy of the IPP invoice to the Contract Specialist/Contracting Officer at mvelarde@usbr.gov BEFORE the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

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) within 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 Local Clause)

(xiii) FAR clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services (May 2022).

(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).

(6) 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 Business Ethics and Conduct (NOV

2021) ( 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 (JUN

2020) (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. (NOV 2021) ( 31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP

2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] __ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) 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)).

_X_ (17)

(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) ( 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 (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (18)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP

2021) ( 15 U.S.C. 657f).

_X_ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP

2021) ( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) ( 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 (SEP

2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN

2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

_X_ (31)

(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

__ (35)

(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 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).

_X_ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37)

(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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)

(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.

__ (41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (43)

(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_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47)

(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (NOV 2021) ( 41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV

2021) ( 41 U.S.C.chapter83, 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 (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

_X_ (62) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

__ (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) 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 products and commercial services:

_X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits Administrative Technician – GS 07 - $21.44 GIS/CADD Specialist – GS 08 -$23.44 Tech Writer – GS 11 - $31.73

__ (3) 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).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (NOV

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

(iv) 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).

(v) 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 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 (NOV 2021) ( 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 and 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 (May2014) ( 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 (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 (JUN

2020) ( 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 (NOV

2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

(il) Additional contract requirements include the following clauses and provisions:

Clauses 1452.201-70, Authorities and Delegations-Department of the Interior 1452.228-70, Liability Insurance-Department of the Interior

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…