Combined_Synopsis_Solicitation_140R4025Q0005.docx

Solicitation Number: 140R4025Q0005

Solicitation # 140R4025Q0005 Glen Canyon Slough Barge and Captain

SOLICITED FULL AND OPEN COMPETITION

INTERIOR REGION 7 • UPPER COLORADO BASIN SALT LAKE CITY REGIONAL OFFICE ACQUISITION MANAGEMENT DIVISION

PROVO AREA OFFICE

TITLE: Glen Canyon Slough Barge and Captain

SOLICITATION NO: 140R4025Q0005

Combined Synopsis/Solicitation Information to OFFERORS/SOLICITATION

Project Description: Glen Canyon Slough Barge and Captain in accordance with the Statement of Work.

Location: Project as described in attachment 1 Scope of Work is located on the Colorado River, about 3 miles downstream of Glen Canyon Dam which forms Lake Powell. Delivery destination is Lee’s Ferry boat launch which is approximately 12 miles downriver from the slough location. Coordinates to the delivery locations are: LAT 36°90'02.70"N LONG-111°50'63.11

Contract Type: This is a Firm Fixed Price Contract. The Government intends to award a purchase order resulting from this RFQ to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Total price shall include all applicable fees and taxes.

This acquisition will not be a small business set-aside awarded under NAICS code 532411 with an associated small business size standard of $45.5 Million.

Period of Performance: 3 January 2025 to 7 March 2025

Instructions: Before submitting a quote or any questions regarding the solicitation, please be sure to read the entire solicitation package carefully. Submit your quote and questions via email to the contract specialist- Timothy Leff (tleff@usbr.gov). Mailed/hard copy proposals will not be accepted. Return the following items with your response:

Official Quote that provides a narrative of a clear plan of technical approach that includes a schedule with a completion date.

See section 1.04 Submittals of the scope of work and provide required submittals with quote.

Wage Rates: General Wage Rate Determination Number: 2015-5465 Revision 25 Dated 07/22/2024 State and County: Coconino, AZ is incorporated in this solicitation.

Questions Due Date: 12:00 PM MDT - Thursday, December 05, 2024 Interested contractors must be registered in SAM (System for Award Management, www.sam.gov) and complete online representations and certifications before the solicitation response due date.

Response Due Date: 12:00 PM MDT – Wednesday, December 13, 2024 by email to tleff@usbr.gov For information regarding this RFQ, please contact Timothy Leff at tleff@usbr.gov.

Basis for Award: Best Value- Trade Off Process

Solicitation Contact Information: Timothy Leff and Lisa Vance will be the main point of contact for this solicitation and can be reached at tleff@usbr.gov and lvance@usbr.gov. Any and all questions shall be submitted via email only; no verbal questions will be accepted. Please be sure to include the solicitation number in your proposal and in the subject line.

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial products or services 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. Request for Quote number 140R4025Q0005 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-01. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. They may be accessed in full text at the following websites: https:/www.acquisition.gov/far/ and https://www.acquisition.gov/diar.

Price Schedule

Offerors may edit or otherwise modify the price schedule to accommodate their plan and quote. The price schedule may be provided as a separate document if needed.

Barge Components

Rent, supply, and deliver the Flexifloat (or equal) - modular barge system as described in this document. The S50 Quadrafloat system, at 45-feet by 22.5-feet, with 15-foot deck ramps has been configured to carry the max load, remain stable, and draft no more than 22-inches. Other manufacturers and configurations are acceptable if a stability analysis is provided.

Subtotal

Barge Propulsion System

2.1

Tugboat Subtotal

Mobile Crane

Subtotal Crane

Piloting and Ancillary Services

Subtotal CLIN 5

Invasive Species Management

Subtotal CLIN 5

Total

Total price shall be fully burdened and inclusive of all applicable fees and taxes. The required delivery date is 03 January 2025 and pick up will be 07 March 2025. Inspection and acceptance will be performed by the Government at destination. F.O.B. Destination at Lat: 36.900270, Long: -111.506311. This project is located on the Colorado River, about 3 miles downstream of Glen Canyon Dam, which forms Lake Powell. Access to the site is from the Lee’s Ferry boat launch, approximately 12 miles downriver from the Slough location. The local municipality is Page, AZ, which is about 12 miles upriver by boat or about 45 miles by car. There is no public access to the Slough location from the top of Glen Canyon.

GLEN CANYON NATIONAL RECREATION AREA

Colorado Slough Modification Project

Attachment 1: INTRODUCTION

The Bureau of Reclamation (BOR), along with the National Park Service (NPS) have combined efforts to manage a spawning population of smallmouth bass, which are considered highly invasive in the Colorado River below Glen Canyon Dam (GCD). Smallmouth bass in the Colorado River below GCD threaten the aquatic ecosystem and many native fish species, including the Federally listed Humpback Chub and Razorback Sucker.

Increasing numbers of smallmouth bass were released through the penstocks of the dam over the course of the last 2 years when reservoir elevation dropped to the lowest levels seen since filling began. In 2022, these fish began spawning in a sheltered backwater about 3 miles below the Glen Canyon Dam known as the -12-mile slough. This slough has minimal connection to the mainstem river, which means it warms more quickly than the river and reaches higher temperatures during the summer. Since 2018 this has allowed green sunfish to reproduce there, and in 2022 and 2023 this habitat hosted its first ever smallmouth bass spawning. Bass are now expected to spawn here during lower lake levels because the slough warms to spawning temperatures.

Small mouth bass will spawn in still or slow-moving water (below 0.1 ft/sec) when the water temperature hits a threshold temperature of approximately 16°C. Without these two critical conditions, the smallmouth won’t spawn. This project will therefore modify the conditions at the slough, to make it unsuitable as spawning habitat for smallmouth bass.

The modification will target both the water temperature and the water velocity in the Slough. To achieve a reduction in water temperature, a channel will be excavated from the upstream bank of the sand and gravel bar, through the sand bar deposits, following the alignment of a much smaller natural channel, enlarging it in the process. The channel will discharge at the upper end of the Slough’s backwater bay, delivering much cooler water from the river, which has a predictable temperature due to the proximity to the dam and the depth of its penstock inlets.

Additionally, material from the sand and gravel bar will be harvested and dumped into the Slough, filling much of its open water area, forcing the flow to take a more concentrated path, which will increase its velocity. To complete this effort, the construction crew has plans to mobilize one Cat 313 small excavator and two Cat 299 tracked loaders. This equipment will need to be delivered to the slough on a barge, under its own power, or under the power of a tug/tow boat including a pilot/captain to perform this service. These are the services being solicited in this document and are summarized below.

SOLICITATION NO: 140R402Q0005 TITLE: Glen Canyon Slough Barge and Captain

LOCATION

This project is located on the Colorado River, about 3 miles downstream of Glen Canyon Dam, which forms Lake Powell. Access to the site is from the Lee’s Ferry boat launch, approximately 12 miles downriver from the Slough location. The local municipality is Page, AZ, which is about 12 miles upriver by boat or about 45 miles by car. There is no public access to the Slough location from the top of Glen Canyon. The coordinates to the Slough are Lat: 36.900270, Long: -111.506311.

Figure 1 - View of site location and proximity to Page and Glen Canyon Dam.

Figure 2 - Overhead view of the Colorado River between Slough and Lee's Ferry.

Figure 3 - Overhead view of Lee's Ferry location. We will have dedicated space to assemble and launch and will be able to use the launch ramp exclusively.

Figure 4 - Overhead view of the Slough, showing backwater inlet and width of the river channel.

RIVER CONDITIONS

GENERAL

The Colorado River between Glen Canyon Dam and Lee’s Ferry winds through the stunning and picturesque Glen Canyon. The route passes through the famous Horseshoe Bend, which is a 180 degree turn of the river at the bottom of the sandstone canyon. The width of the river generally stays between 200 feet and 400 feet wide, with the narrowest point about 180 feet.

1.01 FLOWRATE VS DEPTH AND VELOCITY

A. Typical flows January through March can range from 8,000 cfs to 20,000 cfs. For our project purpose, we will request a minimum release from Glen Canyon Dam of 15,000 cfs during active barge operations. Under this flowrate, we see the following worst-case scenario for minimum depth and maximum velocity:

Min Depths (ft)

Table 2 - Minimum depth and maximum velocity under varying flowrates.

Figure 5 - Depth vs Flowrate of Colorado River Lee's Ferry to Colorado Slough

Figure 6 - Velocity vs Distance Colorado River Upstream from Lee's Ferry B. The data above indicates a maximum velocity of 12.7 ft/sec (8.65 mph) in one location, with velocity otherwise ranging between 2 and 6 ft/sec at a flowrate of 15,000 cfs. It should be noted that the one area where we see the velocity peaking at 12.7 ft/sec (8.65 mph) happens to be the location of the River Mile 3 rock bar, which is also the location of the minimum depth.

C. The data also indicates a minimum average depth of 4.5-feet under the target flowrate of 15,000 cfs. The location where the depth becomes this shallow is the storied River Mile 3 rock bar discussed in the above paragraph. However, depth varies with the flow being released from the dam and under the confirmed release volume of 15,000 cfs, the model shows depths ranging from 3.97-feet to 6.5-feet at a 15,000 cfs release, across the right side of the channel (when facing upstream), which is a width of about 300 feet. This is shown visually in the topographic model below.

Table 3 - Depth at 3-mile rock bar under a 15,000 cfs release.

Figure 7 – Topographic model showing River Mile 3 rock bar.

Figure 8 – Lines 1-4, clockwise from upper left. Depth across river channel at each location.

Attachment 2: SCOPE OF WORK

GENERAL

This project will be a joint effort between Reclamation’s Construction Services Group, who will supply earthmoving equipment and operators to perform construction at the Slough, and the contractor, who will provide the barge, crane, tugboat, and barge pilot to ferry equipment to and from the Slough for construction.

1.01 CONTRACTOR SUPPLIED EQUIPMENT

For all equipment under a rental term, equipment shall be provided with a day use rate. This shall be applied or adjusted to the total for that item, accordingly.

A. Barge

1. For planning purposes, project engineers have evaluated several barge options and have determined that the Flexifloat H50 Barge system in a 45-foot long by 22.5-feet wide, with two 15-long loading ramps will be a stable system and draft approximately 22-inches while remaining stable with a load up to 40,000 lbs. This system is included as Attachment A – Barge Configuration Drawing. Contractors may propose an alternate barge system, but it must be equal to or better than the Flexifloat system in stability, load rating, and draft.

2. NPS will supply a temporary dock and tie off locations to secure the barge at Lee’s Ferry or other suitable site on the river while construction occurs.

3. There are no facilities for securing barge at the Slough. We will need to beach the nose and use loading ramps to offload equipment. Hydraulic spuds, power unit, and hydraulic hoses may be required to with the barge system to anchor the barge at the Slough while offloading/onloading equipment.

4. The narrowest point in the river is adjacent to the Slough, where it reduces to about 180 feet.

5. There is a rock bar across the river enroute to the slough where river depth shallows to about 4.5-feet at a flow of 15,000 cfs. We have confirmed with dam operations that we will have 15,000 cfs on barge transport days. This location also has the highest velocity of 12 ft/sec. The distance across the river mile 3 rock bar is about 200-feet.

6. Contractor will supply all dock lines and hardware to secure barge to dock and to secure tugboat to barge. Reclamation crew will supply all lines and shackles to secure equipment to barge.

7. The current assumption is that we will have to trailer the tugboat each night at Lee’s Ferry. Storage will also be provided at Lee’s Ferry for the tugboat between mobilization and demobilization, if needed.

B. Barge Propulsion

1. Tugboat:

1. Contractor shall supply a tugboat or similar vessel to mount directly to barge to maneuver barge up and down river. Please be aware of total length with barge, and total draft, with barge loaded. River velocities, depths, and widths are summarized above, but more detailed data from the model can be provided if needed.

2. Barge Propulsion: Outboard(s)

1. Contractor has the option of mounting outboard(s) directly to the barge, which would include an onboard fuel, electrical, and steering system. Flexifloat has confirmed they allow direct welding to their barge sections and have direct mounted outboards many times. Barge will draft approximately 22-inches loaded. Outboard scowl and prop cannot sit more than 40-inches from river surface.

Figure 9 - Photo of barge mounted outboard motor.

C. Equipment/Loads

1. Equipment to transport from Lee’s Ferry to the Slough consist of the machines listed in Table 2 - Equipment dimensions and weight.

2. It is assumed that the excavator will be one load, and the two skid steers together will be one load. each tracked loader with attachments will be one load, for a total of 3 loaded trips upriver and 2 loaded trips downriver. Each trip will be about 12 river miles upstream and downstream (24 miles round trip). Assuming an average travel speed of 4mph (against an average current of approximately 4mph flowing from the work site (slough) to the equipment loading site (Lees Ferry), each trip will take approximately 6 hours not including loading and unloading times. Consequently, we shall assume one trip per day for mobilization and demobilization operations.

Track Length: 12.3 ft Transport Width: 8.1 ft 30,400 lbs

Track length: 7.45 ft Width: 6.5 ft 11,500 lbs

Track length: 7.45 ft Width: 6.5 ft 11,500 lbs

Length: 6.8 ft 2,150 lbs

Length: 6.8 ft

2,150 lbs

Table 4 - Equipment dimensions and weight D. Mobile Crane

1. Contractor shall supply mobile crane to offload barge sections from transport trucks and into the water. The barge manufacturer recommends a crane with a minimum capacity of 40 tons for this purpose.

2. We will be able to utilize the concrete boat ramp to load equipment at Lee’s Ferry, which has a slope of 12-14%, which should adequately match the under slope of the loading ramps.

3. Crane and barge sections will need to be onsite by 8 am, Friday, January 3rd, 2025. We assume the barge sections will be offload and assembled in two days. One day is likely with the second as a contingency.

4. Crane and transport trucks will need to re-mobilize to Lee’s Ferry on or about March 5, 2025, to remove barge from river and load onto transport trucks.

1.02 PILOTING AND ANCILLIORY SERVICES

A. Contractor shall be responsible for overseeing and managing all preparatory and in-water work to:

1. Provide barge rental and transport to and from Lee’s Ferry for an onsite construction period of 1/3/2025 – 3/5/2025. Rental period may be longer to ensure decontamination, fabrication for outboards, and transport, but the crew needs to be onsite for the above dates.

2. Provide propulsion system for barge, which may be external tugboat style craft, or externally mounted outboards with associated fuel/steering/electrical system.

3. Provide mobile crane to launch barge on January 3-4, 2025, and retrieve barge on or about March 4-5, 2025, from Lee’s Ferry, AZ.

4. Oversee barge assembly/disassembly in water and provide all mooring lines and cleats to secure barge to dock at Lee’s Ferry. Reclamation crews are very competent heavy equipment operators who have experience transporting over the road, but little experience transporting over water. Reclamation crews will work under the direction of the captain to assemble and disassemble barge and will secure equipment to barge.

5. Pilot the barge to and from the Slough to shuttle 3 pieces of equipment, both upriver and downriver during delivery and return phases. Expected dates: Assembly, January 3-4, 2025. Mobilization, January 5-7, 2025. This includes working the weekend of January 4-5. Demobilization: March 4-6, 2025. Disassembly and retrieval from water: March 7, 2025.

1.03 INVASIVE SPECIES MANAGEMENT

Controlling the human transport of aquatic invasive species (AIS) is critical to protect Lake Powell and other waters. Permitted contractor will take all prudent steps to prevent the introduction of AIS to park waters and prevent the spread of existing AIS to other waters. All equipment must be “Clean, Drained and Dried” prior to participation and upon completion of activities under this permit.

1. Contractor will assure compliance with all laws, specifically including state AIS laws and regulations for all equipment approved under this permit. Equipment can include vessels, trailers, tow vehicles, tools, and other items associated with the permitted activity. State AIS laws vary widely between states; the permitted contractor should consider all the applicable requirements carefully and plan ahead. Information on Utah and Arizona AIS laws are available online at Invasive mussels (utah.gov) and; Aquatic Invasive Species - Arizona Game & Fish Department (azgfd.com)

1. Determine if Dreissena mussels or larvae are present on any equipment; if mussels are found, equipment must be decontaminated prior to transport or use. Any Dreissena mussels found within the state of Utah must be reported to the Utah Division of Wildlife Resources (1-800-662-3337; or http://wildlife.utah.gov/invasive-mussels.html).

2. Confirm any equipment that has been used within 30 days has been decontaminated in accordance with the Uniform Minimum Protocols and Standards for Watercraft Interception Programs for Dreissena mussels in the Western United States.

3. All equipment must be "Cleaned, Drained, and Dried" after contacting Lake Powell or the Colorado River below Glen Canyon Dam and before transport from the area. The equipment must then remain out of the water for up to 30 days (see Utah and Arizona law for specific drying-days requirement for each month in each state).

4. In Arizona, any watercraft or conveyance that has been in Lake Powell or the Colorado River below Glen Canyon Dam for 5 consecutive days or more is required to be decontaminated and complete dry time before launching again Aquatic Invasive Species - Arizona Game & Fish Department (azgfd.com)

2. Contractor will work with the AIS Coordinator, Colleen Allen, and Alexandria Popores to create a Hazard Analysis and Critical Control Point (HACCP) plan, determining equipment risk, species identification, decontamination guidance, and any other aspects of these AIS permit requirements. The HACCP will be agreed upon and submitted prior to any activity under this permit for all equipment that will be used in or over water in the park.

HACCP planning for control of AIS is described at Hazard Analysis and Critical Control Point Planning to Prevent the Spread of Invasive Species | U.S. Fish & Wildlife Service (fws.gov) Contact information for HACCP creation and assistance:

3. Contractor is responsible for informing all personnel of NPS requirements, state laws regarding AIS, and of the presence of high priority AIS in Glen Canyon, including quagga mussels (Dreissena bugensis), New Zealand mud snails (Potamopyrgus antipodarum), and whirling disease in Lake Powell and the Colorado River below the Glen Canyon Dam.

4. The Contractor will prevent work activities under this permit for any equipment that has been used in other waters within 30 days but not decontaminated, is not covered by an NPS approved HACCP Plan, or is in any way out of compliance with these permit requirements or state laws and immediately report the incident to the NPS.

1.04 SUBMITTALS

A. Barge plans, drawings, and specifications showing dimensions, weight, capacity, draft, and any operating, launching, or assembly guidance. Include this information with your quote.

B. Barge propulsion system plans. Include this information with your quote.

1. If barge mounted outboard(s), showing engine placement, horsepower, keel draft, fuel system sketch, steering system sketch.

2. If tugboat, provide model name and manufacturer, dimensions, draft, engine hp, fuel tank capacity, and any specialized operating instructions.

C. HACCP plan for Aquatic Invasive Species D. Certification that all equipment to be launched into the river has been decontaminated and met the requirements of whatever authority will have jurisdiction, including on the drive from the equipment’s origin location. Please email disinfecting certifications to rproctor@usbr.gov. Note: This project is entirely in the State of AZ.

E. Complete specifications on any piece of equipment being proposed that meets the “approved equal” criteria.

1.05 PAYMENT

1. Upon successful mobilization to the slough, contractor may invoice half the summary total for efforts that fall under the mobilization, assembly, piloting, and crane line items, and the remaining half upon successful demobilization.

2. Rental items may be invoiced every 4 weeks.

END OF SECTION

Attachment 3:

Clauses 52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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 Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar (End of clause)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING PLATFORM (IPP) (FEB 2021) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

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

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

The Contractor shall submit an electronic copy of each invoice to Ryan Proctor the Contracting Officer’s Representative (COR), by electronic mail (e-mail) at rproctor@usbr.gov Mr. Proctor will evaluate the submitted invoice and will provide an approval by emailing the contractor with an attached signed invoice. The COR may also reject the invoice; in this case, an email will be provided to the contractor with detailed information to revise the invoice as needed for approval. Once an approved invoice is received, the contractor is encouraged to upload, as an attachment, a copy of the approved invoice with the COR’s signature, Please send an e-mail copy to the Contracting Officer, Lisa Vance at lvance@usbr.gov and contract specialist Tim Leff at tleff@usbr.gov. Failure to follow this process 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 St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.gov 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)

DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC 2015)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES AND LIMITATIONS -- BUREAU OF RECLAMATION (MAY 2018)

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

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

(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.

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

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

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

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

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

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

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

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

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

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

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

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

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

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2024)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108- 78 ( 19 U.S.C. 3805 note)).

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

[ ] (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. 4655).

[ ] (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.)

(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

[ ] (6) [Reserved].

[X ] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(10) 52.204–28, Fe[ ]deral Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

[ ] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(ii) Alternate[ ] I (Dec 2023) of 52.204–30.

[X] (12) 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).

[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved] [ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a). [ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(17) [Reserve[ ]d] [ ] (18) (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.

[ ] (19) (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.

[ ](20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)). [ ] (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 2023) of 52.219-9 [ ] (22) (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.

[X](23) 52.219-14, Limitations on Subcontracting (OCT 2022) Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C.

657f).

[ ] (26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) (15 U.S.C. 632(a)(2)).

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

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

[ ] (28) 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 (Oct 2022) (15 U.S.C. 637(m)). [ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

[ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

[X] (35) (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] (36) (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] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X] (39) (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).

[ ] (40) 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 22.1803.)

[ ] (41) (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.)

[ ](42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ](43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ](44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ](45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ](46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

[ ] (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) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), 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 [Reserved].

[ ] (iii) Alternate II (Dec 2022) of 52.225-3.

[ ] (iv) Alternate III (NOV 2023) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ ] (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. Subtitle A, Part V, Subpart G Note).

[ ] (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 (Nov 2007) (42 U.S.C. 5150).

[X](55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

[ ] (57) 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. 3805).

[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[ ] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ](64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ](65) (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

[List as necessary] [ ] (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).

[X] (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).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

[X] (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)…