BPA Terms and Conditions 2023 V2.pdf

Exhibit B

BPA TERMS AND CONDITIONS APPLICABLE TO SUBCONTRACTORS

A. Invoice Requirements for Cost Reimbursement Agreements.

For Cost Reimbursement agreements, the Contractor will provide invoice-specific and summary information.

For the Contract provide:

1. Approved contract value

2. Subject invoice amount

3. Expenditures to date (which includes the subject invoice)

4. Remaining contract balance (after the subject invoice is paid)

For Line Items provide:

1. Approved Budget

2. Cumulative expenditures

3. Balances

4. Percent Expended

CLAUSES INCORPORATED BY REFERENCE

This award 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 the following address:

Bonneville Financial Assistance Instructions Manual clauses: Financial Assistance Instructions Manual - Bonneville Power Administration (bpa.gov)

Clause 1 Regulations Applicable To BPA Financial Assistance (JUL 2017) Clause 2 Legal Authority And Effect (JUL 2017) Clause 3 Non-assignability (JUL 2017) Clause 4 Compliance With Federal, State, And Municipal Law (JUL 2017) Clause 5 Inconsistency With Federal Law (JUL 2017) Clause 7 Contracting Officer’s Representative (OCT 2018) Clause 8 Field Representative (OCT 2018) Clause 9 Change Or Absence Of The Principal Investigator Or Designated Key Personnel (JUL 2017) Clause 10 Federal Stewardship (OCT 2018) Clause 11 Substantial Involvement (OCT 2018) Clause 12 Nondisclosure And Confidentiality Agreements Assurances (JUL 2017) Clause 13 Foreign Work and Travel (JUL 2021) Clause 14 Purchases (JUL 2017) Clause 15 Lobbying Restrictions (JUL 2017) Clause 16 Export Controls (JUL 2017) Clause 18 Extensions Of Period Of Performance (JUL 2017) Clause 19 Property Trust Relationship & Insurance Coverage (JUL 2017) Clause 20 BPA Furnished Equipment Or Material (JUL 2017) Clause 21 Property – Supplies And Equipment (JUL 2017) Clause 22 Title To And Disposition Of Property (OCT 2018) Clause 23 Record Retention (JUL 2021) Clause 24 Audits (OCT 2018) Clause 25 Suspension Or Termination (JUL 2017) Clause 26 Claims, Disputes, And Appeals (JUL 2017) Clause 27 Reporting Program Performance (JUL 2021) Clause 29 Payment Requests (JUL 2017) Clause 30 Advance Payment And Financial Reporting Requirements (OCT 2018) Clause 31 Reimbursement Payment & Financial Reporting Requirements (OCT 2018) Clause 32 Budget Changes (JUL 2021) https://www.bpa.gov/energy-and-services/customers-and-contractors/financial-assistance-instructions-manual https://www.bpa.gov/energy-and-services/customers-and-contractors/financial-assistance-instructions-manual

Clause 34 Insolvency, Bankruptcy Or Receivership (OCT 2018) Clause 35 Nondiscrimination In Federally Assisted Programs (JUL 2017) Clause 36 Environmental Protection (JUL 2021) Clause 37 Endangered Species Act Requirements (JUL 2021) Clause 38 NEPA Requirements (JUL 2021) Clause 39 Felony Conviction And Federal Tax Liability Assurances (JUL 2017) Clause 40 Drug–Free Workplace Requirements For Financial Assistance Awards (JUL 2017) Clause 41 Intangible Property (OCT 2018) Clause 42 Rights In Data (OCT 2018) Clause 43 Indemnity (OCT 2018) Clause 44 Environmental, Safety, And Health (OCT 2018) Clause 45 Small Unmanned Aircraft (UAS) (JUL 2021) Clause 46 Closeout (JUL 2021) Clause 47 National Historic Preservation Act Requirements (JUL 2021) Clause 48 Policy Authorization to Utilize GSA Vehicles (JUN 2022) (MOD.1) Clause 49 Authorization to Utilize GSA Vehicles (JUN 2022)(MOD.1) Clause 50 Buy America Requirement for Infrastructure Projects (FEB 2023) (DELETE IF NOT APPLICABLE) Commented [WPL*O1]: (DELETE IF NOT

APPLICABLE)

CLAUSES INCORPORATED BY FULL TEXT

CLAUSE 6 BLANKET FINANCIAL ASSISTANCE AGREEMENT (M)

(JUL 2021)

(a) This is a Blanket Financial Assistance Agreement, from which Task Orders will be issued with fixed-priced, cost reimbursement, or cost share requirements.

(b) Each Task Order will specify the agreement type and will include but is not limited to unique terms applicable to that specific Task Order, a Statement of Work detailing work elements/requirements, and a line item Budget related to the work elements/requirements.

CLAUSE 17 PUBLICATIONS

(JUL 2017)

BPA encourages the Recipient to publish or otherwise make publicly available the results of work performed under this Award. The Recipient is required to include the following acknowledgement in publications arising out of or relating to work performed under this Award:

Acknowledgment: “The information, data, or work presented herein was funded in part by the Bonneville Power Administration under Award Number 84041 The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.”

CLAUSE 33 INCREMENTAL FUNDING (M)

(AUG 2021)

If any task order(s) issued under this Blanket Financial Assistance Agreement utilizes Incremental Funding then it is anticipated that further BPA funding will be provided on an incremental basis. If funds are not available for any reason, BPA shall be under no obligation to provide funding for any additional portion of the project. If BPA does not fund the balance of the effective period, the award will be terminated when the funds committed by BPA have been expended.

CLAUSE 100 KEY PERSONNEL (M)

(AUG 2021)

The key personnel identified in each task order (or release) are considered to be essential to the work being performed hereunder. No diversion shall be made by the Recipient without the written acceptance of the Contracting Officer.

CLAUSE 48 POLICY AUTHORIZATION TO UTILIZE GSA VEHICLES (JUN 2022)(MOD.1)

(a) If it is in the Bonneville Power Administration’s (BPA) interest, the contracting officer may authorize cost-reimbursement recipients to obtain, for official purposes only, interagency fleet management system (IFMS) vehicles and related services, including-

(1) Fuel and lubricants,

(2) Vehicle inspection, maintenance, and repair,

(3) Vehicle storage, and

(4) Commercially rented vehicles for short-term use.

(b) Complete rebuilding of major components of recipient-owned or -leased equipment requires the approval of the contracting officer in each instance.

(c) BPA recipients shall not be authorized to obtain interagency fleet management system (IFMS) vehicles and related services for use in performance of any Financial Assistance awards other than a cost-reimbursement agreement, except as otherwise specifically approved by the Administrator of the General Services Administration at the request of the agency involved.

CLAUSE 49 AUTHORIZATION TO UTILIZE GSA VEHICLES (JUN 2022)(MOD.1)

(a) The contracting officer may authorize a cost-reimbursement recipient to obtain interagency fleet management system (IFMS) vehicles and related services, if the contracting officer has-

(1) Determined that the authorization will accomplish Bonneville Power Administration (BPA) Financial

Assistance objectives and effect demonstrable economies;

(2) Received evidence that the recipient has obtained motor vehicle liability insurance covering bodily injury and property damage, with limits of liability as required or approved by the agency, protecting the recipient and the Government against third- party claims arising from the ownership, maintenance, or use of an interagency fleet management system vehicle (IFMS);

(3) Arranged for periodic checks to ensure that authorized recipients are using vehicles and related services exclusively under cost-reimbursement Financial Assistance awards;

(4) Ensured that recipients shall establish and enforce suitable penalties for their employees who use or authorize the use of Government vehicles for other than performance of BPA Financial Assistance awards (see 41 CFR 101-38.301-1);

(5) Received a written statement that the recipient will assume, without the right of reimbursement from the Government, the cost or expense of any use of interagency fleet management vehicles (IFMS) and services not related to the performance of the Financial Assistance award; and

(6) Considered any recommendations of the recipient.

(b) The authorization shall -

(1) Be in writing;

(2) Cite the Financial Assistance award number;

(3) Specify any limitations on the authority, including its duration, and any other pertinent information;

and

(4) Instruct the recipient to comply with the applicable BPA policies and procedures provided in this subpart

(c) Authorizations to subcontractors, subrecipients and pass-through entities shall be issued through, and with the approval of, the recipient.

(d) Contracting officers authorizing recipient use of interagency fleet management system (IFMS) vehicles and related services subject their agencies to the responsibilities and liabilities provided in 41 CFR 101-39.4 regarding accidents and claims.

CLAUSE 50 BUY AMERICA REQUIREMENT FOR INFRASTRUCTURE PROJECTS (FEB 2023)

A. Definitions

Components are defined as the articles, materials, or supplies incorporated directly into the end manufactured product(s).

Construction Materials are an article, material, or supply—other than an item primarily of iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is used in an infrastructure project and is or consists primarily of non-ferrous metals, plastic and polymer-based products (including polyvinyl chloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, drywall, coatings (paints and stains), optical fiber, clay brick; composite building materials; or engineered wood products.

Domestic Content Procurement Preference Requirement- means a requirement that no amounts made available through a program for federal financial assistance may be obligated for an infrastructure project unless—

(A) all iron and steel used in the project are produced in the United States;

Commented [WPL*O2]: DELETE IF NOT

APPLICABLE

(B) the manufactured products used in the project are produced in the United States; or

(C) the construction materials used in the project are produced in the United States.

Also referred to as the Buy America Requirement.

Infrastructure includes, at a minimum, the structures, facilities, and equipment located in the United States, for: roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities;

intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and generation, transportation, and distribution of energy -including electric vehicle (EV) charging.

The term “infrastructure” should be interpreted broadly, and the definition provided above should be considered as illustrative and not exhaustive.

Manufactured Products are items used for an infrastructure project made up of components that are not primarily of iron or steel; construction materials; cement and cementitious materials’ aggregates such as stone, sand, or gravel; or aggregate binding agents or additives.

Primarily of iron or steel means greater than 50% iron or steel, measured by cost.

Project- means the construction, alteration, maintenance, or repair of infrastructure in the United States.

Public- The Buy America Requirement does not apply to non-public infrastructure. For purposes of this guidance, infrastructure should be considered “public” if it is: (1) publicly owned or (2) privately owned but utilized primarily for a public purpose. Infrastructure should be considered to be “utilized primarily for a public purpose” if it is privately operated on behalf of the public or is a place of public accommodation.

B. Buy America Requirement

None of the funds provided under this award (federal share or recipient cost-share) may be used for a project for infrastructure unless:

1. All iron and steel used in the project is produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

2. All manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

3. All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.

The Buy America Requirement only applies to articles, materials, and supplies that are consumed in, incorporated into, or permanently affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought into the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Requirement apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Recipients are responsible for administering their award in accordance with the terms and conditions, including the Buy America Requirement. The recipient must ensure that the Buy America Requirement flows down to all subawards and that the subawardees and subrecipients comply with the Buy America Requirement. The Buy America Requirement term and condition must be included all sub-awards, contracts, subcontracts, and purchase orders for work performed under the infrastructure project.

C. Certification of Compliance

Recipients must certify or provide equivalent documentation for proof of compliance that a good faith effort was made to solicit bids for domestic products used in the infrastructure project under this award.

Recipients must also maintain certifications or equivalent documentation for proof of compliance that those articles, materials, and supplies that are consumed in, incorporated into, affixed to, or otherwise used in the infrastructure project, not covered by a waiver or exemption, are produced in the United States. The certification or proof of compliance must be provided by the suppliers or manufacturers of the iron, steel, manufactured products and construction materials and flow up from all subawardees, contractors and vendors to the recipient.

Recipients must keep these certifications with the award/project files and be able to produce them upon request from BPA, auditors or Office of Inspector General.

D. Waiver

When necessary, recipients may apply for, and BPA may grant, a waiver from the Buy America Requirement.

Requests to waive the application of the Buy America Requirement must be in writing to the CO.

Waivers must be based on one of the following justifications:

1. Public Interest- Applying the Buy America Requirement would be inconsistent with the public interest;

2. Non-Availability- The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or

3. Unreasonable Cost- The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.

Requests to waive the Buy America Requirement must include the following:

• Waiver type (Public Interest, Non-Availability, or Unreasonable Cost);

• Recipient name;

• A brief description of the project, its location, and the specific infrastructure involved;

• Total estimated project cost, with estimated federal share and recipient cost share breakdowns;

• Total estimated infrastructure costs, with estimated federal share and recipient cost share breakdowns;

• List and description of iron or steel item(s), manufactured goods, and/or construction material(s) the recipient seeks to waive from the Buy America Preference, including name, cost, quantity(ies), country(ies) of origin, and relevant Product Service Codes (PSC) and North American Industry Classification System (NAICS) codes for each;

• A detailed justification as to how the non-domestic item(s) is/are essential the project;

• A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with potential suppliers;

• A justification statement—based on one of the applicable justifications outlined above—as to why the listed items cannot be procured domestically, including the due diligence performed (e.g., market research, industry outreach, cost analysis, cost-benefit analysis) by the recipient to attempt to avoid the need for a waiver. This justification may cite, if applicable, the absence of any Buy America-compliant bids received for domestic products in response to a solicitation; and

• Anticipated impact to the project if no waiver is issued.

BPA may request, and the recipient must provide, additional information for consideration of this wavier. BPA may reject or grant waivers in whole or in part depending on its review, analysis, and/or feedback. BPA’s final determination regarding approval or rejection of the waiver request may not be appealed. Waiver requests may take up to 90 calendar days to process.

STATUTORY AND NATIONAL POLICY REQUIREMENTS

Financial assistance awards are subject to the following statutory and national policy requirements below. By signing or accepting the funds under the financial assistance award, the recipient agrees that it will comply with applicable provisions below.

Description Type of Award

Type of Recipient

Specific Situation

Flow Down Requirements

NONDISCRIMINATION

On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C.

2000d, et seq.), as implemented by:

DOE at 10 CFR Part 1040

All All All Requirements flow down to subrecipients.

On the basis of race, color, religion, sex, or national origin, in Executive Order 11246 [3 CFR, 1964-1965 Comp., p. 339], as

Grants, cooperative agreements, and other prime awards defined at 40

CFR 60-1.3

as “Federally assisted construction contract.”

All Awards under which construction is to be done.

Requirements flow down to construction subrecipients.

implemented by Department of

Labor regulations at 41 CFR Part

60 and EPA at 40 CFR Parts 7 and 12.

On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C.

1681, et seq.).

All Education al institution [for sex discriminat ion, excepts all Institution controlled by religious organizati on, when inconsiste nt with the organizati on’s religious tenets].

On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR part 90.

Grants, cooperative agreements, and other awards defined at 45

CFR

90.4 as “Federal financial assistance.”

All All Requirements flow down to subrecipients.

Type of Recipient

Specific Situation

Flow Down Requirements

On the basis of handicap, in:

1. Section 504 of the Rehabilitation Act of 1973 (29 USC 794), as implemented by Department of Justice regulations at 28 CFR Part 41 and DOE at 10 CFR Part 1040.

Grants, cooperative agreements, and other awards included in “Federal financial assistance”

All All Requirements flow down to subrecipients.

2. The Architectural Barriers Act of 1968 (42 USC 4151, et seq.).

Grant or loan

All Construction or alteration of buildings or facilities, except those restricted to use only by able‐ bodied uniformed personnel.

3. Americans with Disabilities Act.

42 USC 12101 et. seq

All All

LIVE ORGANISMS

For human subjects:

For human subjects, the Common Federal Policy for the Protection of Human Subjects.

Codified by the:

DOE at 10 CFR Part 745

All All Research, development, test, or evaluation involving live human subjects.

Requirements flow down to subrecipients

P.L. 104‐191 Health Insurance Portability and Accountability Act (HIPAA)

As applicable

Covered Entities

As applicable Limits uses of protected health information (PHI) collected or maintained by researchers within a covered entity or access to PHI from a covered entity. Research uses do not require Business Associate Agreements (defined at 45 CFR part 164 504 (e)(1) between collaborating institutions.

Guidance available at http://privacyruleandresearch.

nih.gov/

For animals: All All Requirements flow down to subrecipients.

http://privacyruleandresearch.nih.gov/ http://privacyruleandresearch.nih.gov/

Type of Recipient

Specific Situation

Flow Down Requirements

Rules on animal acquisition, All All Research, experimentation, or testing involving the use of animals USDA regulations exempt birds, most rats and mice bred for research, and farm animals used for agricultural research.

transport, care, handling, and use in: (i) 9 CFR Parts 1‐4, Department of Agriculture rules that implement the Laboratory

Animal Welfare Act of 1966 (7

US+A160C. 2131‐2156). Public

Health Service Agencies must follow requirements in the PHS

Policy on Humane Care and Use of Laboratory Animals, which implements PL 99‐158, Sec.

495. NASA requirements for animal welfare are set forth at 14

CFR Part 1232 EPA at 40 CFR

Part 40. For USDA/CSREES, "In the case of domestic farm animals housed under farm conditions, the institution should adhere to the principles stated in the Guide for the Care and Use of Agricultural Animals in

Agriculture and Teaching, Federation of Animal Science

Societies, 1999."

Rules of the Departments of All All Activities which Interior (50 CFR Parts 10‐24) and may involve or Commerce (50 CFR Parts 217‐ impact wildlife and

227) implementing laws and plants.

conventions on the taking, possession, transport, purchase, sale, export, or import of wildlife and plants, including the:

Endangered Species Act of 1973

(16 U.S.C. 1531‐1543); Marine

Mammal Protection Act (16 U.S.C.

1361‐1384); Lacey Act (18 U.S.C.

42); and Convention on

International Trade in Endangered

Species of Wild Fauna and Flora.

ENVIRONMENTAL STANDARDS

Comply with applicable provisions of the Clean Air Act (42 U.S.C.

7401, et. Seq.) and Clean Water Act (33 U.S.C. 1251, et. seq.), as implemented by Executive Order 11738 [3 CFR, 1971‐1975 Comp.,

p. 799].

All All All, for Clean Air Act, Clean Water Act, and Executive Order 11738.

Requirements flow down to

EPA at 40 CFR Part 6

Type of Recipient

Specific Situation

Flow Down Requirements

The quality of the human environment, and provide help the agency may need to comply with the National Environmental Policy Act (NEPA, at 42 U.S.C. 4321, et.

seq.) and to prepare Environmental Impact Statements or other required environmental documentation. In such cases, the recipient agrees to take no action that will have an adverse environmental impact (e.g., physical disturbance of a site such as breaking of ground) until the agency provides written notification of compliance with the environmental impact analysis process.

DOE at 10 CFR Part 1021

Flood‐prone areas, and provide help the agency may need to comply with the National Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973 (42 U.S.C. 4001, et. seq.), which require flood insurance, when available, for Federally assisted construction or acquisition in flood‐prone areas.

DOE at 10 CFR Part 1022

All All Awards involving construction, land acquisition or development, with some exceptions [see 42 U.S.C.

4001, et. seq.].

The Council on Environmental Quality’s regulations for implementing NEPA are at 40 C.F.R. Parts 1500‐1508.

Executive Order 11514 [3 CFR, 1966‐1970 Comp., p.

902], as amended by Executive Order 11991, sets policies and procedures for considering actions in the U.S.

Executive Orders 11988 [3 CFR, 1977 Comp., p. 117] and 11990 [3 CFR, 1977 Comp., p. 121] specify additional considerations, when actions involve floodplains or wetlands, respectively.

All existing or proposed components of the National Wild and Scenic Rivers system, and provide help the agency may need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.1271, et seq.).

Grants, cooperative agreements , and other “financial assistance” (see 16 U.S.C.

3502).

All Awards that may affect existing or proposed element of National Wild and Scenic Rivers system.

Requirements flow to subrecipients.

Underground sources of drinking water in areas that have an aquifer that is the sole or principal drinking water source, and provide help the agency may need to comply with the Safe Drinking Water Act (42 U.S.C. 300h‐3).

All All Construction in All area with aquifer that the EPA finds would create public health hazard, if contaminated.

42 U.S.C. 300h‐3(e) precludes awards of Federal financial assistance for all projects that the EPA administrator determines may contaminate a sole‐source aquifer so as to threaten public health.

Type of Recipient

Specific Situation

Flow Down Requirements

Resource Conservation and Recovery Act

42 USC 6901

All Awards to states or a political subdivisio n of a state (which for this purpose includes state and local institutions of higher education or hospitals)

HEALTH & SAFETY GUIDELINES

Applicable OSHA Standards in Laboratories

29 CFR 1910.1030 Bloodborne Pathogens; 29 CFR 1910.1450, Occupational Exposure to Hazardous Chemicals in Laboratories

All All Research involving use of hazardous chemicals or bloodborne pathogens

Handling and transport of etiologic agents

Procedures for Domestic Handling and Transport of Diagnostic Specimens and Etiologic Agents, 1994 (3rd ed.), H5a3doc.75, National Committee for Clinical Laboratory Standards

All All Research involving etiologic agents

Hotel and Motel Fire Safety Act of 1990 ‐ P.L. 101‐39

40 USC 327‐333

Conference or meeting support

All Alterations and Renovations > $500,000

Labor Standards under Federally Assisted Construction:

Construction Work Hours and Safety Standards Act

40 USC 327‐333

All All Alterations and Renovations > $500,000

Text Messaging While Driving ‐

EO 13513

All All When performing work for or on behalf of government

Adopt and enforce policies that ban text messaging while driving.

Increasing Seat Belt Use in the United States Executive Order 13043, Increasing Seat Belt Use in the United States, dated, April 16, All All In accordance with the Executive Order, “grantees are encouraged to adopt and enforce on‐the‐job seat belt policies and programs for their employees when operating company‐owned, rented, or personally owned vehicles.”

Type of Recipient

Specific Situation

Flow Down Requirements

NATIONAL SECURITY GUIDELINES

Executive Order 13224, Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, dated September 23, 2001.

All

GENERAL/MISCELLANEOUS REQUIREMENTS

Drug Free Workplace

41 USC 701 et seq.

DOE at 10 CFR Part 607

Civil False Claims Act

31 USC 2739

All All All

Criminal False Claims Act

18 USC 287 and 1001

31 USC 3801, 45 CFR 79

All All All

Government‐wide Debarment and Suspension (Nonprocurement)

DOE at 10 CFR 1036

Lobbying Prohibitions 31 USC 1352, stipulates that (1) No Federal appropriated funds have been paid or will be paid, 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 awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to 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 this Federal grant or cooperative agreement, the undersigned shall complete and submit the SF Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.

DOE at 10 CFR Part 601

All Requirements flow down to construction subrecipients.

Metric System

15 USC 205 and Executive Order 12770

Type of Recipient

Specific Situation

Misconduct in Science

Policies and responsibilities associated with prevention, detection, and handling of misconduct in science allegations as stipulated in regulations:

DOE at 10 CFR Part 733

[Federal Register: December 6, 2000 (Volume 65, Number 235)] [Notices] [Page 76260‐76264]

National Historic Preservation

The recipient agrees to identify to the awarding agency all property listed or eligible for listing on the National Register of Historic Places that will be affected by this award, and to provide all the help the awarding agency may need, with respect to the award.

16 USC 470f

Paperwork Reduction Act

44 USC 3501

All All When data is collected from respondents using a questionnaire or other survey instrument. See, however, M‐11‐07 dated 12/9/10 entitled, "Facilitating Scientific Research by Streamlining the Paperwork Reduction Act Process."

https://www.white house.gov/sites/w hitehouse.gov/file s/omb/memorand a/2011/m11- 07.pdf

Data collection activities, if any, performed under this project are the responsibility of the recipient, and awarding agency support of the project does not constitute approval of any survey design, questionnaire content, or data collection procedures. The recipient shall not represent to respondents that such data are being collected for or in association with Bonneville without the specific written approval of the Bonneville CO.

However, this requirement is not intended to preclude mention of Bonneville support of the project in response to an inquiry or acknowledgment of such support in any publication of these data.

https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2011/m11-07.pdf https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2011/m11-07.pdf https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2011/m11-07.pdf https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2011/m11-07.pdf https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2011/m11-07.pdf https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2011/m11-07.pdf

Type of Recipient

Specific Situation

U.S. Flag Air Carriers

49 USC 40118 See also General Services Administration amendment to the Federal Travel Regulations, Federal Register (Vol. 63, No. 219, 63417‐63421)

All All Any air transportation to, from, between, or within a country other than the U.S. of persons or property, the expense of which will be assisted by Federal funding, must be performed by or under a code‐ sharing arrangement with a U.S.‐flag air carrier if service provided by such a carrier is available (see Comp Gen.

Decision B‐ 240956, dated September 25, 1991).

Trafficking in Persons By signing or accepting funds under the agreement, the recipient agrees that it will comply with Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)) as implemented by 2 CFR 175.

All 175.15 (b)I.a.

applies to private entities 175.15(b) I.b.

applies to other than private entities if award includes subrecipi ent award to a private entity 117.15(b)I .c. applies to all recipients

Requirements flow down to

Whistleblower Protection

Awardees are notified of the applicability of 41 U.S.C. § 4712, as amended by P.L. 112‐239, providing protection for whistleblowers.

Use of United States Flag Vessels

46 CFR 381

Patents, Trademarks and Copyrights

35 USC 202‐204 and 37 CFR 401

All Awards to non‐profits and small businesse s

Type of Recipient

Specific Situation

Privacy Act

5 USC 552a

Pro Children Act

20 USC 7183

All All All awards performed in facilities where children are served.

Uniform Relocation Assistance and Real Property Acquisition Policies Act

42 USC 4601 and 49 CFR 24

Constitution Day

PL 108-447

All Education al Institutions

Copeland Act

40 USC 4135

Davis Bacon Act

40 USC 3141 et.seq

Earthquake Hazards Reduction Act

42 USC 7701 et seq., EO 12699

All All Construction awards within applicable geographic areas

Freedom of Information Act

5 USC 552

Hatch Act

5 USC 7321‐7328

All State or Local Governme nts

Limited English Proficiency

EO 13166

Native American Graves Protection and Repatriation

25 USC 3001‐3013

All All Precludes use of funds to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, unless the activity fits within a law enforcement exception as noted in the provision.

Statement of Work

Part A – Overview

A.1 Goal

The goal of this Blanket Financial Assistance Agreement is to streamline the award process through the issuance of Task Orders to the Recipient. This Financial Assistance Master Agreement is in support of the Bonneville Power Administration’s (BPA) Fish and Wildlife Program as proposed under the Northwest Power Conservation Council’s (Council) Fish and Wildlife Program or other binding agreements (Biological Opinion [BiOp].

A.2 Background

BPA Fish and Wildlife (F&W) implements and participates in actions to meet BPA’s fish and wildlife mitigation responsibilities under the Northwest Power Act and the Endangered Species Act (ESA). BPA is required by law to mitigate the impacts to fish and wildlife to the extent affected by the construction and operation of the Federal Columbia River Power System (FCRPS). F&W, together with the other Agencies, the US Army Corps of Engineers (Corps) and the Bureau of Reclamation (BOR), implements ESA Biological Opinions on the impacts of the FCRPS on unlisted and ESA-listed fish and wildlife. Projects are proposed for BPA funding under the Council’s Fish and Wildlife Program and NOAA Fisheries/U.S. Fish and Wildlife Service (USFWS) Biological Opinions.

BPA is awarding this Blanket Financial Assistance Agreement for projects in support of BPA’s Fish and Wildlife program and in support of the Council’s Fish and Wildlife Program. Projects and awards mitigate for the effects of the FCRPS in the Columbia River Basin. Projects are implemented as onsite and offsite mitigation efforts throughout the Basin and may include, but are not limited to, habitat, hatchery, and harvest-related efforts.

Examples of work are resident fish substitution; resident fish culture facilities; resident and anadromous fish and wildlife habitat protection and enhancement; wildlife mitigation agreements; ecosystem coordination; watershed coordination and planning; project implementation and effectiveness monitoring; anadromous fish hatcheries;

tributary fish passage and screening projects; water rights acquisition; supplementation and captive brood stock research programs; ESA safety net hatchery programs; pacific lamprey reintroduction and studies, coded wire tag and Passive Integrated Transponder (PIT) tag fish marking, estuary habitat enhancement, and estuary and Columbia River plume research.

A.3 Locations

The majority of the work will be conducted off of BPA property and will be identified in each future Task Order.

A.4 BPA Furnished Property

If applicable, BPA-provided property will be identified in each Task Order.

Part B – Roles and Responsibilities

• Contract Specialist (CS): a person assigned to represent the contracting officer on administrative matters within the limits of their authority by the contracting officer.

• Contracting Officer (CO): an individual with delegated authority by the BPA Head of Contracting Authority

(HCA) to enter into, administer, and/or terminate financial assistance agreements and make related determinations and findings.

• Contracting Officer’s Representative (COR): an individual designated and authorized in writing by the contracting officer to perform specific technical and/or administrative functions, and who has been formally trained and certified at BPA to perform such duties.

Part C – Definitions

• Task Oder– The project specific work issued under the Blanket Financial Assistance Agreement

• Pisces – Pisces is a software tool for managing BPA's Fish and Wildlife Program. BPA created Pisces to help manage fish and wildlife projects throughout the Columbia River Basin. Pisces provides a collaborative environment, where Recipients and BPA project managers can create and manage Statements of Work based on work elements. Program partners will be able to access reports on all aspects of the program's activity. Pisces is a web-enabled software tool. After installing the Pisces application, users must have an internet connection and a Pisces account in order to access program information.

Part D – Technical Approach and Tasks

D.1 Specific Requirements/Tasks for Each Release

Each Task Order will be comprised of a combination of the following work elements in support of their respective program. Each Task Order will clearly identify the tasks and deliverables for each project.

Work Element (WE) Name Definition Environmental Compliance

Produce Environmental Compliance Documentation

Covers any work by the Recipient to investigate, gather, acquire, or prepare data and documents in support of obtaining environmental clearances for BPA. Work may include providing maps, drafting a biological assessment, obtaining permits, monitoring and reporting required by permits, conducting public involvement activities, completing cultural resource surveys and reports in coordination with BPA archaeologists, inspecting water craft, vehicles, and heavy equipment for invasive species, implementing best management practices for lamprey, etc. Recipients are required to comply with all applicable federal, state, and local laws, including those that restrict the transport of invasive species. In all cases, environmental compliance work done by the recipient must be separated from all other work. It is not permitted to combine environmental compliance activities with any other work element.

Planning and Coordination

Outreach and Education Covers work to educate or communicate with the public. Includes conducting classes, seminars, workshops, training, symposia, and conferences. Excludes work to coordinate with landowners or other direct participants in on-the-ground conservation (include this type of coordination as part of the associated implementation WE), or work to identify and select new projects (WE:

Identify and Select Projects).

Identify and Select Projects Covers work by the Recipient to identify, prioritize, assess, and ultimately select projects. Often associated with Model Watersheds, or habitat restoration programs that coordinate multiple projects within a larger umbrella project. Coordination work that helps identify and select projects or sites should be covered under this work element.

Produce Inventory or Assessment

Covers inventories and assessments specifically designed to support future implementation actions. Can include passage inventories, habitat condition inventories, or watershed assessments. Does not cover ongoing passage and habitat monitoring.

Manage and Administer Projects

Covers the administrative and technical work by the recipient to fulfill BPA's programmatic requirements such as financial reporting (accruals), and development of renewal package (includes SOW/Project Description, budget, property inventory).

Excel Budget - Documentation of sub-recipient & subcontract estimates in the line-item (Excel) budget must conform to BPA's requirements for budget detail (i.e., the same as the recipient).

BPA highly recommends that solicitations for bids/estimates require sub-recipient & subcontractors to conform to BPA standards for detail (rates and units -hours/quantities/volumes, etc.). BPA recommends sub-recipient & subcontractor bids be submitted to the recipient electronically in spreadsheet format, and already include actual calculations (e.g., rates * hours, not just textual numbers in cells), so that the recipient can cut and paste sub-recipient & subcontract estimates directly into their budget spreadsheet. For more information, see http://efw.bpa.gov/contractors/docs/Guidance_on_subcontracts.doc.

Provide Technical Review The review of technical details, including but not limited to engineering plans, restoration plans, project selection, RM&E methods, and deliverable approval.

Produce Plan Covers a wide range of planning activities including but not limited to operation plans, management plans, maintenance plans, implementation plans, restoration plans, research, monitoring, and evaluation (RM&E) plans, Hatchery Genetic Management Plans (HGMPs), hatchery master plans, hatchery fish production plans, feasibility studies, and surveys (does not include land management plans; see WE: Produce Land Management Plan). Covers both strategic plans that will influence multiple projects and site-specific plans. Use WE: Council Step Process to cover labor and materials for the submission of documents required by the NPCC's 3-step process. Where WE: Produce Plan is used in a SOW for production of a Hatchery Master Plan, the recipient should review the NPCC's requirements under their 2001 Step Document, Section V., Elements A & B (http://www.nwcouncil.org/media/27877/2001_29.pdf) to be sure this content is covered in the plan.

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Produce Design and/or Specifications

Covers all work associated with the preparation of engineering or technical drawings, specifications and/or budgets required for the construction/installation of any structure or facility.

May include ancillary work such as land surveying, photogrammetric surveys, field surveys, etc.

For construction work not requiring a formal design (e.g., installation of a barbed-wire fence), this work may be included as a milestone under the corresponding work element.

Coordination-Columbia Basinwide

Refers to coordination work that covers a large portion of the Columbia River Basin.

Coordination which directly supports other project work should be covered in the details of the associated work element. Coordination work which helps identify or select projects and/or sites should be covered under WE: Identify and Select Projects. Coordination work related to a subbasin or other small region should be covered under WE: Watershed Coordination.

Watershed Coordination Refers to coordination work focused on a local watershed or subbasin. Coordination which directly supports other project work should be covered in the details of the associated work element. Coordination work which helps identify or select projects and/or sites should be covered under WE: Identify and Select Projects.

Produce Land Management Plan

The Land management plans (LMP) will guide management of any real property interest that BPA funds to ensure compliance with the underlying mitigation agreement, if one exists, and any conservation easement granted over that property. BPA typically expects a management plan be prepared for real property interests secured with ratepayer funds. Where properties are near or similar to each other, BPA will support a programmatic planning approach.

Land Management Plans will serve several purposes. First, they become the blueprint for how, when, and where a new property will be enhanced or improved, if necessary. Project proposals, MOAs, and easements provide broad parameters for how a sponsor will manage a site, but in most instances they don’t provide much detail--the management plan does.

Land management plans should identify each species or habitat of interest on the property, each prohibition in the easement, each reserved right or allowed action in the easement, and any restrictions or reservations from applicable MOAs. The management plan should then discuss each of those elements and explain how the sponsor will manage for that element. For a sensitive species, for example, the plan should state where and when the manager will take specific actions to protect and enhance that species. For specific prohibitions in an easement— for example, no livestock grazing—the plan will discuss any limited and approved exceptions to the prohibition; e.g., the manager might plan to try using goats to control Himalayan blackberries.

Reporting

Produce (Annual) Progress Report

This work element covers written reports of results that are submitted to BPA for dissemination to the public. These progress reports may cover less than a year or multiple years. Progress reports come in three types, RM&E Technical Progress Report, Non-technical Progress Report, and Hybrid Progress Report

RM&E Technical Progress Reports are used for Grants or Cooperative Agreements that have RM&E work elements (WE: Develop RM&E Methods and Designs, WE:

Collect/Generate/Validate Field and Lab Data, WE: Analyze/Interpret Data).

Non-technical Progress Reports are used for Grants or Cooperative Agreements that have no RM&E work elements.

Hybrid Progress Reports are used for awards that have RM&E work elements (WE: Develop RM&E Methods and Designs, WE: Collect/Generate/Validate Field and Lab Data, WE:

Analyze/Interpret Data), as well as other work elements. Work with your COR and the RME Support team to determine appropriate due dates and format for Hybrid reports. For example you may have separate chapters for RM&E, habitat restoration, and O&M activities.

Work with your COR and the RME support team if you have a question regarding which report type is most suitable for your project.

Reports should be submitted using the most recent BPA reporting guidance & templates available at https://www.cbfish.org/Help.mvc/GuidanceDocuments

Once uploaded in Pisces, a progress report will be finalized by BPA with an identification number, and then made publicly available via https://www.cbfish.org.

Produce Other Report This work element covers any report required or produced for a Grant or Cooperative Agreement except those specifically covered under other work elements (e.g., WE: Produce (Annual) Progress Report, WE: Produce Journal Article, WE: Produce Pisces Status Report, or WE:

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Produce BiOp RPA Report). If this work element is used for multiple reports in the same Grant or Cooperative Agreement, then each report should be listed as a separate milestone.

Produce Pisces Status Report This work element covers the reporting of status of milestones and deliverables in each Grant or Cooperative Agreement. These milestone status reports shall be completed either monthly or quarterly as negotiated between the recipient and COR. For any other type of status report required or produced for a Grant or Cooperative Agreement, use WE: Produce Other Report -except those specifically covered under other work elements (e.g., WE: Produce (Annual) Progress Report, or WE: Produce Journal Article).

Produce BiOp RPA Report For projects associated with reasonable and prudent alternatives (RPAs) supporting research, monitoring, and evaluation (i.e., RPAs 50-73), submit an online report through cbfish.org describing how your project helps BPA demonstrate ESA Biological Opinion (BiOp) compliance for your associated RPAs. For projects with multiple recipients, all Grants or Cooperative Agreements will need to contribute, but only one report for each project is needed.

Habitat Improvement

Increase Aquatic and/or Floodplain Complexity

Work that adds natural materials instream to create habitat features or to improve channel morphology. Includes J-hooks, barbs, vortex weirs, and large woody debris (LWD), and in some instances the use of angular rock as ballast for LWD structures. Or improve complexity by creation of pools or fish spawning habitat by addition of gravel. If structures are being added primarily to overcome a fish passage barrier, use 184. Install Fish Passage Structure. If replacing or maintaining an existing structure, use 186. Operate and Maintain Habitat/Passage/Structure.