Sol_140R2022Q0058.pdf

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Division of Acquisition Services Regional Office Mid-Pacific Region Bureau of Reclamation

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65 2 of

Combined Synopsis/Solicitation

BUREAU OF RECLAMATION, INTERIOR REGION 10

SACRAMENTO, CALIFORNIA

140R2022Q0058

COMBINED SYNOPSIS/SOLICITATION

NCAO Phase II Channel Rehabilitation Review

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. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number 140R2022Q0058 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04.

GENERAL INFORMATION

RFQ Number: 140R2022Q0058

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

North American Industry Classification Code (NAICS): 541620 Size Standard: $16.5 Million

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

Offer Due Date:

Offer Submission:

May 2, 2022 10:00 AM Pacific Time

By email to skibathi@usbr.gov

Contact Information: Sarah Kibathi Email: skibathi@usbr.gov

OFFEROR INFORMATION

Offeror’s Business Information:

Business Name: _______________________________

Business Size (select one): Small Large

DUNS Number/Cage Code: ______________________

Tax ID Number: _______________________ mailto:skibathi@usbr.gov mailto:skibathi@usbr.gov

CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

The contractor shall provide all necessary tools, materials, equipment, labor, travel, transportation, facilities, and per diem to perform channel rehabilitation review services in accordance with the attached Performance Work Statement.

00010 Task 1 – Project Management Period of Performance (6/1/2022 – 05/31/2023)

1 AU $ $

00020 Task 2 – Assemble an Expert Panel Period of Performance (6/1/2022 – 05/31/2023)

1 AU $ $

00030 Task 3 – Review of TRRP Physical Restoration Activities Period of Performance (6/1/2022 – 05/31/2023)

1 AU $ $

00040 Task 4 – Final Report on TRRP Channel Rehabilitation Period of Performance (6/1/2022 – 05/31/2023)

1 AU $ $

GRAND TOTAL INCLUDING ALL TASKS $

If FAR 52.217-8 is exercised, the prices for the Option to Extend Service’s term will be calculated based on the prorated term and prices that are in effect at the time the option is exercised.

Quotes/offers shall be valid for 60 days from the offer due date.

Authorized Agent’s Signature/Date: __________________________________

QUOTE/PRICING SCHEDULE

QUOTE VALID DATE

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

Documents necessary for quote submission are as follows:

1. Completed Technical and Past Performance Documentation/Information to include the following:

(i) Technical Approach: Describe in as much detail as possible, your technical approach/understanding of the proposed work to provide the services described in the Performance Work Statement (PWS).

(ii) Key Personnel: Identify by name the key management and technical personnel including their proposed position on the project team and contribution toward accomplishing the work identified in the PWS. At a minimum, identify project manager in relation to task 1 and expert panel members in relation to task 2. Include resumes of qualified personnel and provide all relevant experience relating to project management, fluvial geomorphology, fish/aquatic ecology, riparian ecology/botany, and/or civil engineering (with an emphasis in riverine hydraulics).

(iii) Experience: Describe in as much detail as possible, your company’s experience in performing work similar in size, scope, complexity, and nature to what is proposed for this requirement. Provide up to five (5) project examples that are relevant and similar to the work proposed under this requirement.

2. Completed and signed Pages 4 and 5 of this document.

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

(SAM).

PERFORMANCE WORK STATEMENT

Northern California Area Office (NCAO) Phase II Channel Rehabilitation Review

March 2022

1.0 Background

The December 19, 2000 Record of Decision (ROD) for the Trinity River Mainstem Fishery Restoration Environmental Impact Statement/Impact Report (EIS/EIR) directed the Department of Interior to undertake an innovative and system-oriented approach to recovering the River’s anadromous fish populations. The Trinity River Restoration Program (TRRP) was established to restore the attributes found in natural alluvial river systems on a managed river downstream of a dam. A combination of mechanical rehabilitation, sediment management, a naturalized flow release schedule, tributary restoration, and adaptive environmental assessment and management (AEAM) are being used to reverse the impacts caused by decades of flow diversion on one of California’s most significant rivers. In addition to recovery of naturally-spawning anadromous fish populations in the Trinity River, the TRRP also presents a unique opportunity to advance scientific understanding of managed river systems and the recovery processes of natural systems for broader application.

The TRRP has been successful in several areas such as: meeting water temperature objectives in most years; improving riparian establishment; completing mandated infrastructure improvement to accommodate increased flows; producing habitat gains at specific restoration sites; increasing the number of salmon smolts produced; and refining the TRRP’s restoration techniques and strategies based on new science.

In particular, the TRRP has continued monitoring the effectiveness of its channel rehabilitation implementation and has refined its restoration designs based on the state of the art and science both from within the Trinity River basin as well as elsewhere. However, there has not been an external review of restoration actions since the TRRP Science Advisory Board’s Phase 1 Review (Buffington et

al. 2014) which analyzed efforts through 2010 but did not review specifics of site design and restoration elements.

2.0 Scope

The contractor shall provide services including assembling and coordinating an expert panel with expertise in stream restoration design, construction, and/or monitoring to conduct a thorough review of the TRRP’s channel rehabilitation, gravel augmentation, site revegetation activities, as well as its flow management as it relates to these activities.

3.0 Tasks

Task 1 - Project Management The Contractor shall provide a project manager who tracks the scope, schedule, and budget. The project manager will serve as the single point of contact to the Government for the services required in this PWS.

The Contractor shall prepare and submit a quarterly status report that covers: all activities completed, all activities planned to be completed within six months of the report date, financial status, schedule, and identification of any outstanding issues. The Contractor shall furnish one electronic copy of the report in Word or PDF format with full editing privileges.

The Contractor shall conduct quarterly project management meetings with the Executive Director.

Additional meetings will be held as necessary to coordinate work included in Tasks 2 through3.

Meetings may be conducted by teleconference. The Contractor shall furnish electronic copies of all material and presentations given at meetings within two days of the meeting.

Deliverable for Task 1: Submit a written status report to TRRP on the tenth business day following the end of every quarter throughout the duration of the period of service.

Task 2 – Assemble an Expert Panel

The contractor will assemble a team of up to five key members with skill and knowledge in the field of river restoration and capable of carrying out the work in Tasks 3 and 4, as well as support staff. The panel will include expertise including though not necessarily limited to: fluvial geomorphology, fish/aquatic ecology, riparian ecology/botany, and civil engineering (with an emphasis in riverine hydraulics). Minimum qualifications of panel members will be a graduate degree or professional certification (e.g. Professional Engineer) and at least 5 years of work experience in their field. These may be members of the contractor’s staff and/or subcontractors. The contractor will consult with TRRP staff on appropriate disciplines/panel membership during the completion of Task 2. The panel membership will be presented to the TRRP Executive Director for review and approval prior to finalization.

Task 3 – Review of TRRP Physical Restoration Activities

Task 3.1. Lead and participate in an up to one-half day long kick-off meeting with TRRP Interdisciplinary Team (IDT) and other interested technical workgroup members to lay out the workplan and introduce the Contractor’s team to TRRP technical experts. This meeting may be conducted virtually if conditions dictate.

Task 3.2 Within one month of kick-off meeting in Task 3.1, conduct group interviews with engineers, fluvial geomorphologists, ecologists, fish biologists, and managers representing each of the eight TRRP partner entities to elicit thoughts on best practices, accomplishments, and shortcomings of the design and implementation of channel rehabilitation, site revegetation, and gravel augmentation practices to date. Note, TRRP technical specialists and managers will continue to be available for follow-up after the formal group interviews.

Task 3.3 Within two months of kick-off meeting in Task 3.1, solicit feedback on past rehabilitation design from non-TRRP stakeholders and other interested members of the public at a public meeting.

The public meeting may be virtual if conditions dictate. A qualified facilitator will be provided by the contractor to lead the meeting.

Task 3.4 Review references provided by TRRP, including design reports, post implementation reports, technical memos, data reports, synthesis reports, and scientific journal publications; as well as reports and primary literature from outside of the TRRP that the Contractor will identify independently.

Task 3.5 The Contractor will have a team of up to six people (including the project manager and members of the expert panel) visit a suite of past and future channel rehabilitation sites over the course of up to 4 days; TRRP staff will be made available to facilitate site tours.

Deliverables for Task 3.1-3.5:

• Electronic versions of presentation materials or handouts associated with the above meetings. Materials would be circulated at least one week in advance of the meeting to provide adequate review time for review by participants.

Task 3.6. Using the findings of the interviews and literature review, draft a retrospective report summarizing the TRRP’s channel rehabilitation, site revegetation, and gravel augmentation activities through 2021, with an emphasis on the strengths and weaknesses of the design and design review process; responsiveness to the actionable recommendations that came out of the Phase 1 Review; the degree to which the projects as implemented meet the stated design objectives of the project; and in particular, with a critical review of the strengths and weaknesses of the program’s overall approach to channel rehabilitation. Questions that have been raised by partners in consideration of the strengths and weaknesses of the overall Phase II approach include:

• How effective have we been at rescaling the river to the Record of Decision flow allocation? Restoration flows have been very successful at coarsening the bed of the Trinity River from the highly impaired sand-bedded state of the 1970’s and early 1980’s. However, the conceptual model of sediment transport from the Trinity River Flow Evaluation Study has been shown to be inadequate, with augmentation volumes having been reduced and gravel also moving shorter distances than envisioned.. Is there information which can be used to suggest flow magnitude, gravel supply, and channel dimensions that are most likely to support the scaled semi-alluvial river that is the desired restored state? If not, what type of information should be gathered to address this questions of the appropriate scaling of water, sediment, and channel geometry?

• The TRRP was directed to implement largely process-based restoration actions, but in many instances has used hard engineering as a component of restoration actions. Does the aggressive approach to channel relocation with hardened controls and forced meanders provide habitat benefit in relation to the effort? In what circumstances would this approach be appropriate? Are the process and constructed habitat-based restoration mutually exclusive? How can TRRP improve the resiliency of channel rehabilitation designs and better induce fluvial geomorphic processes to maintain and enhance aquatic habitat?

• How effective are off channel features that are isolated at most flows? Higher floodplains, for example, are infrequently inundated but cost less than lower created floodplains due to cut/fill volumes. How should costs of relative effort be considered, particularly in a time of changing climate and hydrology?

• The TRRP has, in limited circumstances, revisited previous project sites (Bucktail and Upper Douglas City) where previous effort was viewed as inadequate based on the contemporary understanding of river science. Should the TRRP emphasize completion of remaining Phase II sites, revisits to previous sites where there has already been some floodplain lowering, or some combination thereof?

• Directly related to above, in what circumstances would it be appropriate to maintain previous project site (e.g. replacing scoured sediment, opening up connections to off channel habitat, wood augmentation), given the process-based nature of the program’s foundational documents?

• Designs have grown in scale and complexity over time. Does this extra effort and forced manipulation of the valley bottom in more recent (Phase II) designs create more juvenile fish habitat when compared to earlier (Phase I) designs? What about the large-scale designs that are in preparation but have not yet been implemented?

• What features have created the most lasting benefit to habitat across a range of flows over time, within each site but also as a cross-comparison of sites? Could highly productive created habitats exist in isolation, or is the overall site design what determines their effectiveness?

• The program’s approach to both channel rehabilitation design and effectiveness monitoring of previous projects is heavily weighted toward evaluation of physical habitat characteristics. To what extent does physical habitat address the needs of juvenile fish? Are there ecological variables that would better inform design and post-project evaluation?

• Channel rehabilitation design and post-construction effectiveness monitoring efforts have mainly focused on chinook salmon (as a consequence of data and modeling availability). How has the chinook-centric restoration and monitoring effort benefited or impacted other anadromous fisheries like steelhead and Coho salmon?

• The program is responsible for 1:1 mitigation of riparian habitats, but revegetation of these sites is costly and success is variable due to lack of growing medium in the created features, nutrient deprived soils, excessively dry growing season, and unpredictable duration of saturation in off channel features within revegetated riparian areas. Natural revegetation occurs but often in competition with less desirable and/or invasive species (e.g. Himalayan blackberry). How should we balance cost, effort, and mitigation responsibilities for replace riparian forest habitat?

Note, the report produced in this task is not intended to be a list of answers to these questions, these are simply prompts for consideration as part of an independent review.

Deliverables for Task 3.6:

• Within 6 months of kick-off meeting, produce a draft summary report of findings and present it to a meeting of the TRRP Interdisciplinary Team. The presentation may be virtual. Questions from work group members will be addressed and comments received within two weeks of the presentation will be considered for the report detailed in Task 4.

• Electronic versions of presentation materials or handouts associated with the above

Task 4 – Final Report on TRRP Channel Rehabilitation

Building upon the draft report in Task 3.6, the Contractor will utilize existing data, literature, and new analyses as appropriate to synthesize a suite of discrete, actionable recommendations that can guide future physical restoration activities of the TRRP. The recommendations should be forward looking and will address items including:

1. Best practices in design and design review for future projects.

2. Recommendations on design concepts/philosophies for remaining channel rehabilitation sites, given their geomorphic setting.

3. Recommendations on if/how/when the TRRP should consider maintenance of previous channel rehabilitation sites and/or revisits of previous designs that could be improved consistent with the FEIS/EIR and subsequent ROD which calls for the design of self-maintaining sites or sites that would evolve into the desired physical habitat configuration over time.

4. Assess how changes in flow could make phase II sites function better.

5. Recommendations on sediment augmentation strategies, including both coarse and fine sediments, and locations in the short and long term.

6. Identification of data gaps or monitoring needs that will be required to adequately assess channel rehabilitation success in the future.

7. Recommendation for improving public outreach to build better public support for TRRP activities.

8. Any other key items identified by the Contractor.

Deliverables for Task 4:

• Within 2 months of completion of Task 3.6, deliver a refined report which includes actionable recommendations for channel restoration activities to a joint meeting of the IDT. Questions from work group members will be addressed and comments received within two weeks of the presentation will be incorporated into a draft final report.

• Within one month following the IDT presentation above, the draft final report will be presented to the Trinity Management Council.

• Working with Reclamation staff, Contractor will incorporate any comments received from TMC into a final version of the report, to be delivered to Reclamation within one month of the TMC presentation.

• Electronic versions of presentation materials or handouts associated with the above

4.0 Type of Contract

The government will award a Firm-Fixed Price type purchase order.

5.0 Period of Performance and Delivery

The period of performance shall be from June 1, 2022 through May 31, 2023.

Task Deliverable Date

1 Project management Throughout life of contract (See Section

3.0 Tasks above)

2 Assemble Expert Panel Due 2 months after award (See Section

3.0 Tasks above)

3 Draft TRRP Channel Rehabilitation Review Due 8 months after award (See Section

3.0 Tasks above)

4 Final TRRP Channel Rehabilitation Review and Recommendations

Due 12 months after award (See Section

3.0 Tasks above)

6.0 Administrative Information

6.1. Recognized Holidays:

The contractor is not required to perform services on holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth

6.2 Hours of Operation

The contractor is responsible for conducting business, between the hours of 8:00AM - 4:00PM PT Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

6.3 Place of Performance

The predominance of the work will be performed at the contractor’s facility. The meetings specified will primarily take place in Trinity or Humboldt Counties.

The Government acknowledges that travel restrictions related to COVID-19 or other contingencies may preclude in-person meetings. Where appropriate, this Performance Work Statement (PWS) specifies such meetings as optional to accommodate in-person or teleconference meetings. The meetings should be assumed to be in person unless otherwise specified.

6.4 Security

The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

6.5 Special Considerations

Independent Publication by the Contractor

If the Contractor independently pursues publication (journals, conference proceeding, trade publications, marketing materials, etc.) using any data or information developed under this contract, the Contractor shall cite the contract number and provide full acknowledgements to TRRP. Additionally, TRRP shall be informed of the publication and provided the opportunity to review and comment on a final draft of the publication. TRRP shall not be responsible for any costs incurred by the Contractor.

6.6 References

Trinity River Science Advisory Board (SAB). 2014. Review of the Trinity River Restoration Program following Phase 1, with emphasis on the Program’s channel rehabilitation strategy, Prepared for the Trinity River Restoration Program, Weaverville, CA April 2014.

U. S. Department of the Interior (DOI). 2000. Record of Decision. Trinity River Mainstem Fishery Restoration Final Environmental Impact Statement/Environmental Impact Report. December 2000.

43pp

U.S. Fish and Wildlife Service (USFWS) and Hoopa Valley Tribe (HVT). 1999. Trinity River Flow Evaluation Final Report, report to the Secretary of Interior.

U.S. Fish and Wildlife Service (USFWS), U.S. Bureau of Reclamation (USBR), Hoopa Valley Tribe (HVT), and Trinity County. 2000. Trinity River Mainstem Fishery Restoration Environmental Impact Statement/Environmental Impact Report.

6.7 Data Rights

General Data Requirements

Data include any quantitative or qualitative information deliverables gathered for monitoring or analysis of the Trinity River or surrounding landscape, including baseline information to assist with monitoring or analysis. Data requirements set forth here are to enable the Weaverville TRRP office to comply with the Data Quality Act (Section 515 of the Consolidated Appropriations Act, 2001).

Data received from the Contractor shall, at USBR discretion, be subject to inspection prior to acceptance. USBR will notify the Contractor of any rejected geospatial databases and/or metadata within 60 days, to be returned to the Contractor for correction and returned to USBR within 90 days from the rejection notification date. USBR will make payment to the Contractor upon final acceptance of the metadata. Metadata received from the Contractor shall be delivered in the same delivered package as the data.

Format

All data deliverables shall be submitted to TRRP in formats accessible by the Weaverville TRRP office staff with standard computers and software (Windows based PC with Microsoft Excel, Microsoft Access, ArcGIS, or AutoCAD). Unless otherwise specifically agreed upon by Weaverville TRRP office staff, these include:

o XLS (MS Excel spreadsheets) o CSV (Comma Separated Value tables) o MDB (MS Access database) o JPEG or TIFF (for photos and other images) o Geospatial formats given below under “Additional Requirements for Geospatial Data”

Documentation

Data deliverables shall be documented as to:

1. data collection protocol, methods, or standard operating procedure;

2. sampling strategy and design;

3. data storage and formatting structure including fieldname definitions and other necessary information for reasonable interpretation of the data;

4. units and accuracy;

5. linkage structure for relational databases except for automatically generated structure within spatial components of geodatabases.

Security/Privacy

The contractor shall provide full disclosure regarding any security/privacy concerns of all data that is delivered to BOR.

Media

Unless otherwise specifically agreed upon by Weaverville TRRP office staff, data shall be delivered through a secure website.

7.0 Objective

The primary objective of this requirement is to procure the services of a contractor external to the TRRP who will assemble and coordinate an expert panel with expertise in stream restoration design, construction, and/or monitoring to conduct a thorough review of the TRRP’s channel rehabilitation, gravel augmentation, site revegetation activities, as well as its flow management as it relates to these activities. They will, in turn, develop a suite of actionable recommendations on future rehabilitation designs, design development process, sediment management activities, and potential revisits to previous rehabilitation sites.

8.0 Performance Assessment Plan

(a) Monitoring Performance. During the course of the evaluation period, the Contracting Officer’s Representative (COR) will track Contractor performance. Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the Contractor's performance during the period being evaluated. At the end of the period, the COR will assess the Contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP) and report to the Contracting Officer. The Bureau of Reclamation (BOR) has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract.

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

(c) COR Recommendation. The COR will consider all evaluations and any other pertinent information, including Contractor self-assessment, and will prepare a report to the Contracting Officer with findings and recommendations. The Contractor will be provided a copy of the draft findings and recommendations of the COR and will be afforded the opportunity to identify factual errors. The COR's draft recommendation is not subject to negotiation and the COR will not engage in discussions with the Contractor. Any errors identified by the Contractor will be addressed by the COR in its final report. The Contractor will be provided a copy of the final COR report at the same time the report is submitted to the Contracting Officer.

(d) Invoicing. The Contractor shall submit one copy of all payment invoices, with the appropriate backup documents to the COR. The COR will determine if the invoice is complete and proper as submitted. The COR also will determine if billed services have been satisfactorily performed and if expenses billed are correct. If it is determined that the amount billed is incorrect, the COR will, within seven days, request the Contractor to submit a revised invoice. The Contractor shall specifically identify his invoice “Final Invoice.” The Final invoice shall include the remaining payment claimed to be due under the basic contract and all modifications issued, if any. The final invoice shall also have the Contractor’s Release of Claims Certificate attached.

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

9.0 Attachment/Technical Exhibit List

Technical Exhibit 1: Performance Requirement Summary and Quality Assurance Surveillance Plan (QASP) Description: Identifies the performance indicator, standards, and acceptable quality level the Contractor must meet to successfully perform each service identified in the contract. This PWS includes the intended method of determining performance against the standard.

PERFORMANCE REQUIREMENTS SUMMARY AND QUALITY ASSURANCE

SURVIELLANCE PLAN (QASP)

TASK DELIVERABLE DUE DATE DEPENDENT

ON

ACCEPTANCE

Task 1 – Project Management

Written status report to TRRP

10th business day following the end of each calendar quarter

N/A Submittals delivered according to schedule and accurately reflect progress toward milestones

Task 2 – Assemble expert panel

Package of curriculum vitae/resumes of prospective panel members

2 months following award

N/A Acceptance will be provided by the TRRP Executive Director

Task 3.1 – IDT kick-off meeting

Electronic and hard copy versions of presentation materials or handouts

For electronic versions of materials, at least one week in advance of the meeting

N/A Acceptance will be provided by the TRRP Executive Director

Task 3.2 –Group interviews of TRRP staff

Any preparatory interview materials or questions

Electronic version to be submitted at least one week in advance of the meeting

Availability of interviewees to conduct interviews; travel restrictions

Acceptance will be provided by the TRRP Executive Director

Task 3.3 – Public meeting

Electronic and hard copy versions of presentation materials or handouts

Electronic version to be submitted at least one week in advance of the meeting

N/A Acceptance will be provided by the TRRP Executive Director

Task 3.4 – Review and analysis

N/A N/A N/A N/A

Task 3.5 – Site visits

N/A N/A N/A N/A

Task 3.6 – Draft report with retrospective findings

Present draft document for TMC review at a meeting of the full

Electronic version to be submitted at least one week in advance of the

TMC providing timely feedback on draft document

TRRP Executive Director will accept based upon the document accurately

TMC. meeting reflecting content in accordance with SOW.

Task 4 – Final Report with recommendations

Present final TRRP Program Document for TMC review at a final meeting of the full TMC

Electronic version to be submitted at least one week in advance of the meeting

TMC providing review comments within negotiated schedule

TRRP Executive Director will accept based upon document having incorporated edits from TMC. If there is conflict between proposed edits, Executive Director will provide guidance to contractor.

SOLICITATION CLAUSES AND PROVISIONS

COMMERCIAL CLAUSES

1 FAR 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 address:

http://www.acquisition.gov/far/

Clauses Title Date

52.202-1 DEFINITIONS JUN 2020

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

ITEMS

NOV 2021

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.227-17 RIGHTS IN DATA-SPECIAL WORKS DEC 2007

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

52.233-1 DISPUTES MAY 2014

52.242-13 BANKRUPTCY JULY 1995

(End of clause)

2 FAR 52.212-5

CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS --

COMMERCIAL ITEMS

JAN 2022

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

http://www.acquisition.gov/far/

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (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).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) ( 15 U.S.C. 657a).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim

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

__ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

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

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

__ (ii) Alternate I (MAR 2020) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

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

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

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

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

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) ( 15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) ( 15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

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

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

https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).

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

_X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

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

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

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

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

__ (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 (NOV 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

_X_ (36) 52.222-54, Employment Eligibility Verification (NOV 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14

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

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

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

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

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

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN…