Sol_140R2021Q0082.pdf
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- NCAO Clear Creek Gravel Augmentations
- Solicitation number
- 140R2021Q0082
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This solicitation requests gravel augmentation services for Clear Creek habitat restoration projects. The Bureau of Reclamation seeks to place coarse sediment, boulders, and large wood at four predetermined sites in Clear Creek, California between July 1 and August 31, 2021. The total quantity of gravel required is 8,500 tons to be procured in three size stocks and placed using various methods including lateral berms, riffle supplementation, and talus cones. Offerors must have experience providing the specified materials, dust control, invasive species prevention, and precisely manipulating large equipment for in-stream restoration work. Quotes are due by June 16, 2021.
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
R20
Sacramento CA 95825-1898
Division of Acquisition Services Regional Office Mid-Pacific Region Bureau of Reclamation
0009909952 CODE 16. ADMINISTERED BYCODE
X
X
X
212319
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
06/16/2021 1700 PD
05/26/2021
916-978-5177Joe Molina (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140R2021Q0082
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 35 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
2800 Cottage Way, Room E-1815
TELEPHONE NO.
17a. CONTRACTOR/
Shasta Lake CA 96019-8400 16349 Shasta Dam Boulevard Northern California Area Office Bureau of Reclamation-MP-NCAO
15. DELIVER TO
Sacramento CA 95825-1898 2800 Cottage Way, Room E-1815 Division of Acquisition Services Regional Office Mid-Pacific Region
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
Bureau of Reclamation
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Legacy Doc #: BOR Delivery: 08/31/2021
00010 NCAO Clear Creek Gravel Augmentation 1 AU
0010A Whiskeytown Dam.
1000 Tons Medium Gravel
0010AB
Below Dog Gulch.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
DATED
Joe Molina
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
200 Tons Small Gravel
1000 Tons Medium Gravel
800 Tons Large Gravel
6 Each Boulders
0010AC
Above Phase 3A.
2000 Tons Medium Gravel
0010AD **Optional**
Reading Bar.
100 Tons Small Gravel
900 Tons Medium Gravel
500 Tons Large Gravel
10 Each Large Wood
10 Each Boulders
Product/Service Code: 5610
Product/Service Description: MINERAL CONSTRUCTION
MATERIALS, BULK
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
35 2 of
Combined Synopsis/Solicitation 140R2021Q0082
BUREAU OF RECLAMATION, CALIFORNIA GREAT BASIN REGION
SACRAMENTO, CALIFORNIA
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR part 13.5 and additional information included in this notice.
The Bureau of Reclamation intends to award a Purchase Order for replacement pumps and motors in response to this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05.
RFQ Number: 140R2021Q0082 Type of Contract: Firm-Fixed Price
Request for Quotation (RFQ) Request for Proposal (RFP) Invitation for Bid (IFB) North American Industry Classification Code (NAICS): 212319 Size Standard: 500 Employees Set Aside: Total Small Business Set-Aside Quotes Due: _Wednesday, June 16, 2021 at @ 1700 PST Email Quotes To: joemolina@usbr.gov
Quotes shall be valid for 90 days from the offer due date.
Delivery Address:
Multiple Locations. See Statement of Work for details.
Offeror’s Business Information:
Business Name: _________________________ DUNS Number/Cage Code: ________________ Tax ID Number: ______________________ Business Size (select one): Large Small Authorized Agent’s Signature/Date: _______________________________
CLIN DESCRIPTION QTY Unit of Issue Unit Price Total Price
0010 Whiskeytown Dam.
1000 Tons Medium Gravel 1 AU $_______ $________
Below Dog Gulch.
200 Tons Small Gravel 1000 Tons Medium Gravel 800 Tons Large Gravel 6 Each Boulders
1 AU $_______ $________
0030 Above Phase 3A.
2000 Tons Medium Gravel 1 AU $_______ $________
**Optional CLIN** Reading Bar.
100 Tons Small Gravel 900 Tons Medium Gravel 500 Tons Large Gravel 10 Each Large Wood 10 Each Boulders
1 AU $_______ $________
Total Cost $________
GENERAL INFORMATION
STATEMENT OF WORK
THE 2021 LOWER CLEAR CREEK ANADROMOUS FISH HABITAT RESTORATION AND
MANAGEMENT PROJECT (I.E. GRAVEL AUGMENTATIONS)
March 22, 2021
BACKGROUND
This project ensures compliance with the Central Valley Project Improvement Act (CVPIA), Section 3406(b)(12), requiring the augmentation of gravel to Lower Clear Creek.
In 2011, the US Bureau of Reclamation (Reclamation) completed a programmatic Biological Assessment for the Lower Clear Creek Anadromous Fish Habitat Restoration and Management Project in Clear Creek between Whiskeytown Dam and its confluence with the Sacramento River, Shasta County, California.
This was followed by the National Marine Fisheries Services (NMFS) Biological Opinion and concurrence with the LCCAFRP, in 2014 (WCR-2014-955). These documents support the Clear Creek gravel augmentations, and other habitat restoration (boulders and large wood placement), through December 31, 2030. The proposed action is a continuation of ongoing anadromous fish restoration efforts in Clear Creek authorized under the CVPIA and will be carried out in partnership with the Clear Creek Technical Team. The Clear Creek Technical Team is a group of federal, state, and local agencies, as well as other interested parties, who work together to identify and prioritize restoration actions and monitoring needs on Lower Clear Creek. This Technical Team determines the specifics (tonnage, sites, etc.) for gravel augmentations and placements of other materials (i.e. boulders and large wood) in the spring of each year.
PURPOSE
The purpose of this Project is to place (i.e. augment) course sediment (i.e. gravel), in addition to boulders and large wood, into Clear Creek between Whiskeytown Dam and Clear Creek’s confluence with the Sacramento River. The project will occur at predetermined sites, where gravel has been placed in the past. The annual quantities and locations for materials placements are determined by the Clear Creek Technical Team. Augmentations will generally occur between July 1 and August 31, when flows and fish abundances are low.
OBJECTIVES
Objectives include: 1) meeting the requirements of the CVPIA and the National Marine Fisheries Service (NMFS) Biological Opinion on the effects of the proposed long-term operations criteria and plan for the Central Valley Project, 2) increasing the quantity and quality of anadromous fish spawning habitat in
STATEMENT OF WORK
Clear Creek, and 3) supplying materials to Clear Creek that encourage beneficial fluvial processes to create and sustain riverine habitats.
In 2021, these objectives will be met by augmenting gravel at the following locations and in the follow quantities:
Whiskeytown Dam – This talus cone site will receive 1,000 tons of the ‘medium’ sized gravel stock (see Table 1).
Dog Gulch – This riffle supplementation will receive 2,000 tons of gravel (as 200 tons ‘small’, 1,000 tons ‘medium’ and 800 tons ‘large’ stock; see Table 1). The three gravel stocks will be placed in the creek channel according to a specified pattern (see Figure 2). This placement pattern represents a series of transvers bars. There will be 6 boulders incorporated into the site.
Reading Bar – This riffle supplementation will receive 1,500 tons of gravel (as 100 tons ‘small’, 900 tons ‘medium’ and 500 tons ‘large’ stock; see Table 1). The three gravel stocks will be placed in the creek channel according to a specified pattern (see Figure 3). This placement pattern represents a series of transvers bars. There will be 10 pieces of large wood (placed as digger-style jams) and 10 boulders incorporated into the site.
Above Phase 2A – This lateral berm will receive 2,000 tons of the ‘medium’ sized gravel stock (see Table 1).
BENEFITS
Benefits to Clear Creek include, 1) Increasing the quantity and quality of anadromous salmonid habitat (both spawning and rearing), 2) Increasing the amount of bedload available for proper geomorphic function, and 3) providing maintenance gravel to the Lower Clear Creek Floodway Restoration Project (LCCFRP) channel restoration reach.
PERFORMANCE WORK STATEMENT
Task 1 - Collaboration with Reclamation The Contractor shall work with Reclamation’s Contract Officers Representative (COR) during gravel augmentations to ensure that gravel placements are being implemented in accordance with all environmental permits and the requirements in this Statement of Work. The following shall be responsibilities of Reclamation in collaboration with the Contractor:
Daily Work Logs: A Reclamation staff member shall be physically present at each injection site while gravel is being delivered and placed, or for any pre- and post- augmentation work such as, but not limited to, access improvement and site closeout. Reclamation and the Contractor will produce daily work logs that will include all gravel delivery weight slips.
Photographs: Reclamation shall document with digital images showing pre-project site conditions, equipment operations during gravel placement, and post-project site conditions.
Identifying Contract Departures: Reclamation shall notify the Contractor as soon as possible regarding departures and implementing corrective measures. If unable to be corrected immediately, Reclamation has the option to cease all operations until corrective measures are completed.
Water Quality Testing: Reclamation shall conduct turbidity and settleable solids testing required by the Regional Water Quality Control Board's Section 401 Water Quality Certification. If the water quality tests find that the turbidity rises above the 401-permit thresholds, the Contractor will cease operations until the water has cleared to an acceptable level. Reclamation shall keep daily logs showing results of testing.
Gravel Quality Testing: Reclamation will be given complete and unfettered access to inspect the processing and quality of gravel at the production location/source and at the placement site.
Periodic COR inspections will ensure that delivered gravel meets all requirements of this contract (see Task 6 for gravel requirements). Prior to the commencement of the job, Reclamation will collect one (1) test sample from each of the gravel stocks at the production site. The Contractor will package and submit this sample to an independent certified/accredited laboratory to review both size fractions and cleanliness within four hours after the sample is collected. The cost of the analysis will be covered by the contractor. In addition, the COR can take several (up to 5 samples per site) random unbiased samples of delivered gravel (at the placement site) during the project operations. Gravel samples shall again be packaged and delivered by the Contractor to an independent certified/accredited materials testing laboratory within four hours after collection.
As in initial testing, the cost to test the materials will be borne by the Contractor. Gravel delivered to the injection sites not meeting specifications will be refused by the COR and will be immediately removed from the site at the Contractor’s expense. The COR has the right to reject spawning gravel delivered to the job site that does not appear to meet specification for size and cleanliness.
Boulder and Large Wood Inspection: Reclamation will inspect the boulders and large wood prior to implementation. Boulders and large wood must be sufficiently washed to remove excess soil and debris. The COR has the right to reject any boulders or pieces of large wood delivered to the job site which do not appear to meet specification for size and/or cleanliness.
Equipment Inspection: Reclamation will inspect heavy equipment prior to entering the work areas to ensure compliance with cleanliness requirements to avoid spread of non-native invasive species and reduce contamination (see Task 3). Equipment deemed inadequately cleaned by Reclamation will be immediately rejected from participation until cleaned or replaced with other acceptable equipment.
Equipment Leaks and Accidental Spill: Reclamation and the Contractor will continually assess on-site equipment for fluids leaks (e.g. hydraulic oil). All leaking equipment will immediately cease working and be removed from the project site. In case of an accidental spill, the Contractor must have appropriate remediation equipment and personnel on site to contain and fully mitigate the spill. Spill prevention and spill remediation are responsibilities of the Contractor. The Contractor is expected to take all preemptive measures to ensure that on-site equipment is in top running order and will not experience leaks or mechanical failures.
Task 2 - Provide Dust Control The Contractor shall provide and operate a water truck(s) for dust control on all dirt/gravel roads used to access each site; paved roads are exempt from this requirement. Water truck(s) shall apply water at least three times per day throughout the workday and be of sufficient frequency and intensity such to minimize dust plumes resulting from truck traffic and equipment along access routes and job sites. The Contractor may deviate from this schedule if approved by the Contracting Officer (CO) or the COR. The Contractor must apply water if requested by the COR and is obliged to execute the action within two hours of the request. The Contractor shall independently determine location of water source and, if needed, acquire permits to draw water.
Task 3 –Prevent the Spread of Non-native/Noxious Plant Species Lower Clear Creek represents an area of sensitive habitat, and precautions must be taken to reduce the opportunities for the spread on non-native species. The Contractor shall implement the following Best Management Practices to avoid the introduction of non-native/noxious plant species:
No hay or straw bales will be used during revegetation or for temporary erosion control. Straw wattles (bio-degradable only) may be used with COR approval only.
All heavy equipment will be pressure washed/steam cleaned prior to access to each gravel augmentation site to ensure that all equipment and machinery are clean and weed free. For sites within the boundaries of the National Park Service’s Whiskeytown National Recreation Area (NPS), equipment inspections may be conducted by NPS staff prior to the commencement of work and any time during implementation. For sites within the boundaries of the Bureau of Land Management’s (BLM) property, equipment inspection may be conducted by BLM staff prior to the commencement of work and any time during implementation. At all times, Reclamation will scrutinize the cleanliness of onsite equipment.
Equipment deemed inadequately cleaned will be immediately rejected from participation.
Equipment and disturbance will be limited to within the designated project limits, and to roadsides, bridge areas, and staging areas. Sensitive areas will be marked by Reclamation and must be avoided.
All sources of gravel must be approved as “noxious-weed free” prior to acceptance. To achieve this the contractor shall submit to the COR a list of proposed sources for import materials 30 calendar days in advance of importing material. The list shall also include the end use and any temporary storage requirements of those materials. The COR will inspect sources of materials that pose a risk, either by their end use or storage requirements, of allowing invasive non-native plants (also known as noxious weeds) to establish in the area. Materials may be rejected if non-native invasive plants are present at the source and seeds could be present in the material. For sites within the boundaries of the Whiskeytown NRA, inspection may be conducted by NPS staff (Maintenance or Natural Resource staff). See also Task 4 for additional information on suitable gravel sources.
Imported material shall be transported directly from the source to the injection site without intermediary storage or staging. Transportation vessels will be subject to local and/or State regulations to prevent spillage or blowing of their contents while in transit. Materials must also be transported and stored such that they will not acquire invasive non-native plant seeds from adjacent vegetation.
Task 4 – Furnish Gravel, Boulders, and Large Wood for Augmentations The contractor shall obtain gravels for the project. Gravel must be uncrushed, rounded natural river rock with no sharp edges. This project will use various quantities of three gravel stocks (‘Small’, ‘Medium’, and ‘Large’), with each stock based on unique size distributions (Table 1). There will be no materials in excess of 12” in any size dimension (B-axis). The quantities and placement of each gravel stock is determined annually by the Clear Creek Technical Team.
For the 2020 gravel augmentations, a total of 6,500 tons of gravel will be required. This 8,500 tons is broken down into three size stocks: 300 tons of the ‘small’ stock, 4,900 tons of the ‘medium stock’ and 1,300 tons of the ‘large’ stock.
The Small and Medium gravel stocks must be washed at least once and have a cleanliness value of 85 or higher based on CalTrans Test #227. The Large gravel stock must be thoroughly rinsed, to meet high cleanliness values (this sized material is typically too large to pass through a washing machine). All three gravel stocks shall be completely free of oils or any other petroleum based material and free of debris and other types of organic matter. Verification of the above gravel requirements shall be accomplished by independent accredited/certified laboratory (See Task 1). The on-site Reclamation staff has the right to refuse any materials which do not meet these specifications. Disputes regarding the cleanliness of the gravel will be settled by laboratory results at the expense of the Contractor.
Table 1. Three particle size compositions of augmentation gravels. Shown as B-axis dimensions.
To verify the amount of gravel delivered, the Contractor shall have each loaded truck weighed at a certified scale. Contractor shall submit each individual weight slip to the Reclamation COR for verification.
Acceptable gravel sources include deposits outside active stream channels, in high terraces, and from alluvial fans of tributary streams in the upper reaches of Central Valley Project reservoirs. Gravel sources shall be limited to mm Inches/# Small Medium Large 305 12 - - 100 203 8 - - 90 127 5 - 90-100 30-60 76 3 - - 0-10 64 2.5 - 65-75 - 38 1.5 100 - - 25 1 95-100 30-40 - 19 3/4 - 20-30 - 13 1/2 25-60 10-20 - 6 1/4 - 0-2 - 5 #4 0-10 - - 2 #8 0-5 - - 1 #16 0 - -
ASTM #57 "Fish Rock" Oversized
Seive Size Percent Passing locations specified for the following stream types: 1) Perennial streams outside the 100-year floodplain, 2) Non-perennial streams falling under Army Corps of Engineers jurisdiction (Section 404 of the Clean Water Act) outside the active stream channel with an excavation depth above the base flow water surface elevation of the stream, 3) Non-perennial streams not under USCE jurisdiction from any portion of the stream channel except the flowing stream, and 4) CVP reservoir tributary stream delta - all gravels shall come from any portion of the stream channel within the zone of reservoir influence.
The Contractor shall obtain the specified number of boulders for the project. These boulders must have a b-axis diameter of 3-5 feet. Boulders shall be thoroughly washed and free of sediment and debris.
Boulders which have been rounded by natural alluvial processes are more valuable and desirable than those boulders with jagged and shape edges.
For 2021 gravel augmentations, 16 boulders will be incorporated at Dog Gulch (6) and Reading Bar (10).
The Contractor shall obtain the specified pieces of large wood. Each piece of large wood must have intact rootwads, a diameter at breast height of >12 inches, and a total length of >20 feet. The contractor is encouraged to maintain as many branches as possible. Rootwads must be washed thoroughly to remove sediments and debris. Hard woods (valley oak, live oak, madrone, etc.) are considered much more ecologically valuable than soft woods (grey and yellow pine, etc.). Non-native tree species (e.g. tree of heaven or fig) will not be accepted. The condition of the wood is also important, with fresh live wood having precedence over old long-dead wood with rot. The price per piece of wood shall be reflected by the quality and type of trees provided. The contractor shall accept all responsibility for legal harvest and transportation of the large wood.
For the 2021 gravel augmentations, 10 pieces of large wood will be incorporated at Reading Bar.
Task 5 – Placement of Materials at Augmentation Sites Contractor shall work closely with the Reclamation COR, NPS staff, Bureau of Land Management (BLM) staff, and permitting agencies when identifying the work window and detailed schedule. The Contractor would only place gravel during approved work windows as identified by Zones in Table 2. The placement locations will be determined annually by the Clear Creek Technical Team.
Additionally, gravel shall be delivered between 7:00 a.m. and 4:00 p.m. continuously each weekday, excluding holidays, until each site is completed. The contractor shall only work at one site at a time and not begin work at another site until the previous site is completed unless authorized in advance by the CO or the COR.
Three different gravel augmentation methods are proposed that are dependent on the work site (See Table 2). These include:
Lateral Berm: A recruitment-pile of gravel is placed as a steeply sloping bar parallel to the channel to provide a long-term supply of spawning gravel and is mobilized into the stream channel during high flows. Little to no in-river work.
Riffle Supplementation: Gravel is placed and contoured across the entire channel width and graded to a uniform depth. This gravel augmentation style requires substantial amounts of in-river work, with transport (dump trucks) and manipulation (dozers) often working in up to 3 ft of flowing water. Riffle Supplementation’s provides immediate salmon spawning habitat and generally improve rearing habitat.
End Dump Talus Cone: A large pile of gravel is placed on the bank for recruitment into the stream during high flows. No in-river work.
Occasionally, the Contractor will redistribute gravels that are already on-site. For example, if a previous year’s lateral berm gravel placement is not meeting mobilization objectives, the contractor would redistribute the on-site gravels so that the gravels will be mobilized.
Boulders will be place in clusters, within the active channel. The boulders shall be individually placed with precise manipulation, requiring considerably more effort beyond simply pushing them into the stream. An excavator may be needed to move the boulders into position. No cables or other fasteners will be used to secure the boulders.
Large wood will be placed along the active channel, with approximately half of the wood on the bank and half within the active channel. Heavy equipment will be needed to precisely manipulate the wood into position. The large wood will be “field fit” to each site. Wood placement will generally follow one of two methods.
Digger Logs: Wood is placed individually, with one end plunged into the stream and the other positioned on dry land. The wood is intertwined with the naturally occurring vegetation, to “anchor” it in position. No cables or other fasteners are used to secure the wood.
Spider Logs: Wood is place in a group to simulate a log jam. The pieces of large wood are interlinked/intertwined at various angles. The structure is built along the margins of the active channel, in slow riffles or pools. A boulder or two may be place on top of the large wood to secure it in position. No cables or other fasteners are used to secure the wood.
There will be no guaranteed job showing. Contractor shall independently investigate site conditions prior to submittal of Proposal/Statement of Qualifications. Job showing may be available by the COR, if time permits. Reclamation will work with private landowners if needed and provide access for the Contactor and define the right of access requirements.
Contractor shall be responsible for traffic control at each location, as dictated by the landowner agency and/or as requested by the COR, in order to protect work and public safety. If deemed necessary, traffic control shall meet requirements of Reclamation Safety and Health Standards Section 9 and 20, and the Manual on Uniform Traffic Control Devises, Part 6.
Table 2. Potential gravel injection sites and maximum annual tonnage of gravel. The sites to be implemented in 2021 are in bold and highlighted.
Site Zone* Land Manager Injection Type
Whiskeytown Dam 1 U.S. National Park Service (NPS) End Dump Talus Cone
Below Dog Gulch 2 NPS Riffle Supplementation
Above Peltier Valley Bridge 2 NPS Sluice
Paige Bar 2 NPS Riffle Supplementation/ Lateral Berm
Above NEED Camp 2 NPS Riffle Supplementation
Guardian Rock 2 NPS Lateral Berm
Placer Road Bridge 2 Private land owner End Dump Talus Cone
Clear Creek Road Bridge
Bureau of Land
Management
(BLM)
End Dump Talus Cone
Reading Bar 2 or 3 BLM Riffle Supplementation
Saeltzer Gorge 3 BLM End Dump Talus Cone; requires stream crossing
Above Phase 3A 3 BLM Lateral Berm
Phase 2A 3 BLM Riffle Supplementation/Lateral Berm
Tule Backwater 3 BLM Lateral Berm
3B Rootwads 3 BLM Lateral Berm
*Zone 1 - Whiskeytown Dam to approximately ¾ mile downstream. All year (pre-project surveys conducted if work is planned in spawning habitat between September 1 and April 30).
Zone 2 - Approximately ¾ mile downstream of Whiskeytown Dam to picket weir. November 1 to November 30 (pre-project surveys conducted) or May 1 to August 31.
Zone 3. USFWS picket weir to Sacramento River confluence. June 1 to September 30.
At the entrances to each dirt/gravel access road, which are normally closed to traffic, contractor shall protect road with effective barricades and warning signs to prevent use by public during implementation.
The Contractor must work in accordance with applicable NRA traffic regulations and NRA policies pertaining to vehicular use.
Four of the pre-determined placement sites are planned to be augmented in 2021; Whiskeytown Dam, Dog Gulch, Reading Bar, and Above 2A (Figure 1). In combination, the total quantity of gravel will total 8,500 tons. These determinations are made by the Clear Creek Technical Team.
The three 2020 gravel placement sites are described as follows:
Whiskeytown Injection Site (Zone 1). The Contractor shall procure, transport, and place up to 1,000 tons of spawning gravel at the Whiskeytown Dam site. The end dump talus cone method shall be applied. This site is immediately downstream of the Whiskeytown Dam, and is accessed by Paige Bar Road. To access the site from Paige Bar Road, the contractor will utilize a Reclamation-owned road by entering through a locked gate. Reclamation will provide access instructions. In the past, material transfers have taken place along Paige Bar Road, and are subject to restrictions by the NPS.
Below Dog Gulch Site (Zone 2). The Contractor shall procure, transport, and place 2,000 tons of coarse at the Below Dog Gulch site. The site is implemented as a riffle supplementation, requiring in-channel, in-steam transportation and manipulation. Placement will consist of riffle supplementation, which will require a considerable amount of in-stream work. This riffle supplementation will require the contractor to place these three stocks of gravel across the site in a pre-arraigned design/pattern (Figure 2). Significant field fitting will be required, based on Reclamation’s project manager requests. Placement of the three gravel stocks requires high-proficiency operators to manipulate and grade each dump load of material. This site is also accessed by the Paige Bar Road, further downstream from the Whiskeytown Dam injection site.
On Paige Bar Road there is a locked gate at the head of a spur road that leads to the injection site.
Conventional dump-truck and trailer vehicles cannot utilize the spur road as there are no turn-arounds and it is quite steep. Reclamation will provide access and augmentation instructions to the contractor.
Reading Bar Injection Site (Zones 2 or 3). The Contractor shall procure, transport, and place 1,500 tons of gravel at the Reading Bar injection site to create riffle supplementation habitat in Clear Creek. This site is downstream of the Clear Creek Road Crossing, through a locked gate. A rough access road leads to the augmentation site. The access road will need to be smoothed for transfer dump truck to be able to drive the road. Reclamation will provide access and augmentation instructions to the contractor. Wood and boulders will be manipulated and placed in the stream channel at specific locations.
Above Phase 3A Site (Zone 3). The Contractor shall procure, transport, and place 2,000 tons of gravel along the stream bank of the Above Phase 3A injection site. Placement will consist of a lateral berm style augmentation. This project site is entirely within Bureau of Land Management lands. Access to the site is through the Tullis Gravel Plant (provided with permission), on the south side of Clear Creek Road, at the Plant’s entrance. A gravel road leads to the project site.
The Contract will likely need to remove overhaning vegetation and smooth the gravel road before and after the project. Reclamation will provide access and augmentation instructions to the contractor.
The Contractor is encouraged to communicate with the COR to seek any additional information regarding the project.
Figure 1. The fourteen potential gravel placement sites (see Table 2 for additional detail).
Figure 2. The pattern of gravel stock placement at the Dog Gulch site to be implemented in the 2021 augmentations. This pattern resembles a series of transvers bars (or riffles). The colored dots represent the three gravel stocks: blue dots are the ‘large’ stock, red are ‘medium, and yellow dots are ‘small’ (open hollow dots receive no gravel). The Yellow line show the access road to the site.
Figure 3. The pattern of gravel stock placement at the Reading Bar site to be implemented in the 2021 augmentations. This pattern resembles a series of transvers bars (or riffles). The colored dots represent the three gravel stocks: blue dots are the ‘large’ stock, red are ‘medium, and yellow dots are ‘small’.
Task 6 – Project Site Remediation The access roads and the immediate gravel placement sites are subject to disturbance and damage from the dump trucks and heavy equipment. Occasionally swales and depressions along roads are filled with materials, to allow easier truck access. These swales and depressions would need to be reconstructed following augmentations. The Contractor is required to perform ground stabilization and corrective measures to restore the disturbed areas to pre-project conditions or better.
The Contractor shall use measures such as blading/smoothing the access road to remedy ground disturbance. Based upon experience, a minor level of blading to return the access road to pre-project conditions will be needed. The contractor will be required to remediate all disturbed areas upon request of the COR.
Period of Performance Period of Performance is from the date of award through August 31, 2021. The Contractor can only initiate work upon written or verbal notice from the CO or the COR, and only when the environmental compliance approval documents have been received by Reclamation.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): FAR Clauses – https://www.acquisition.gov/far/
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS OCT 2018
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004
52.242-15 STOP-WORK ORDER AUG 1989
52.247-34 F.O.B. DESTINATION NOV 1991
(End of Clause)
DOI-AAAP-0028 – ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING
PLATFORM (IPP) (APR 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
'Payment request' means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial 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:
Under this contract, please submit invoice in accordance with FAR 52.212-4(g). An invoice must be submitted via IPP in order to be properly processed within the payment terms set forth under this contract.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause)
CLAUSES
https://www.ipp.gov/
52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE
ORDERS-COMMERCIAL ITEMS (JAN 2021)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[_] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)
[_] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub.
L. 109-282) (31 U.S.C. 6101 note).
[_] (5) [Reserved].
[_] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[_] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[_] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
[_] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[_] (10) [Reserved].
[_] (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).
[_](ii) Alternate I (Mar 2020) of 52.219-3.
[_] (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[_] (ii) Alternate I (Mar 2020) of 52.219-4.
[_] (13) [Reserved]
[_] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.644).
[_] (ii) Alternate I (Mar 2020).
[_] (iii) Alternate II (Nov 2011).
[_] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[_] (ii) Alternate I (Mar 2020) of 52.219-7.
[_](iii) Alternate II (Mar 2004) of 52.219-7.
[_] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
[_] (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (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 (Mar 2020) of 52.219-9.
[_](iv) Alternate IV (AUG 2018) of 52.219-9.
[_] (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[_](19) 52.219-14, Limitations on Subcontracting (Mar 2020) (DEVIATION 2019-O0003)(15 U.S.C.
637(a)(14)).
[_] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[_] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020)(15 U.S.C. 657f).
[X](22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C.
632(a)(2)).
[_] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
[_](24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business ConcernsEligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).
[_] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
[_](26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).
[X] (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).
[_] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).
[X](29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X](30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
(ii) Alternate I (FEB 1999) of 52.222-26.
[X](31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).
(ii) Alternate I (JULY 2014) of 52.222-35
[X](32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JULY 2014) (29 U.S.C. 793).
(ii) Alternate I (JULY 2014) of 52.222-36
[_] (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
[_] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).
[_] (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[_](37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[_] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[_](38) 52.223-11,Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons
(JUN 2016)(E.O. 13693)
[_](39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016)(E.O. 13693)
[_] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
[_](ii) Alternate I (Oct 2015) of 52.223-13.
[_] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
[_] (ii) Alternate I (Jun 2014) of 52.223-14.
[_] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
[_](43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
[_] (ii) Alternate I (Jun 2014) of 52.223-16.
[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
[_] (45) 52.223-20, Aerosols (JUN 2016)(E.O. 13693)
[_] (46) 52.223-21, Foams (JUN 2016)(E.O. 13693)
[_](47)(i)52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[_] (ii) Alternate I (JAN 2017) of 52.224-3.
[_] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).
[_] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note.
[_] (ii) Alternate I (May 2014) of 52.225-3.
[_] (iii) Alternate II (May 2014) of 52.225-3.
[_] (iv) Alternate III (May 2014) of 52.225-3.
[_] (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (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. 2302 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).
[_] (55)52.229-12, Tax on Certain Foreign Procurements (JUN 2020).
[_] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[_](57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).
[_] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[_] (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[_] (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[_] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
[_] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
[_] (ii) Alternate I (Apr 2003) of 52.247-64.
[_] (ii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[_] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[_] (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).
[_] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[_] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[_](5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
[_](6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
[_] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020)
[_] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
[_] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.
1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns…
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