Sol_140R2022Q0096.pdf

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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

CODE 16. ADMINISTERED BYCODE

X

X

X

541330

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/08/2022 1500 PD

06/24/2022

916-978-4302Steven Teves (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R2022Q0096

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 47 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

2800 Cottage Way, Room E-1815

TELEPHONE NO.

17a. CONTRACTOR/

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

$16.50

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DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

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SEE SCHEDULE

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.

Northern California Area Office (NCAO), Livingston Stone National Fish Hatchery Infrastructure Review and Alternative Analysis

Quoted prices are inclusive of all costs to perform work including, but not limited to, labor, supervision, equipment, transportation, tools, and materials necessary to perform services in accordance with the trailing solicitation terms and conditions.

Legacy Doc #: BOR

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Steven Teves

. 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

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30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

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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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

47 2 of

140R2022Q0096 Livingston Stone National Fish Hatchery

Infrastructure Review and Alternative Analysis

QUOTE PRICING SCHEDULE

CLIN Description Unit Amount

Livingston Fish Hatchery

Infrastructure Review and

Alternative Analysis

Actual

Quantity

(AQ)

GRAND TOTAL: $______________________

The Contractor shall provide all labor, supervision, equipment, transportation, tools, and materials necessary to perform services in accordance with the Performance Work Statement

(PWS).

Quotes shall be valid for 60 days from the date quotes are due.

Please refer to Quote Submittal Instructions (page 40) for required quote submittals.

**END OF QUOTE PRICING SCHEDULE**

PERFORMANCE WORK STATEMENT

1.0 SCOPE

Acquire professional services for an in-depth review of the current state of Livingston Stone

National Fish Hatchery (LSNFH) infrastructure and develop a detailed report with recommendations, analysis, and priorities for improving and modernizing the hatchery’s systems and increasing the hatchery’s aquaculture production potential, resiliency, and efficiency. For the purpose of this requirement, the Government intends the term “modernize” and any analogous dictation (i.e., modernizing) of the term to mean the utilization of contemporary salmon hatchery production technologies.

2.0 BACKGROUND

Livingston Stone National Fish Hatchery was constructed as a propagation and rearing facility for the conservation of Endangered Species Act (ESA) listed endangered winter run Chinook

Salmon Oncorhynchus tshawytscha (winter run). The Bureau of Reclamation (Reclamation), constructed LSNFH under the authority of the Reclamation Act of 1902, as amended, the Central

Valley Project Authority 1937, as amended, the Fish and Wildlife Coordination Act of 1934, Public Law 85-624, 16 U.S.C. 661 et seq., as amended, and Section 7(a) of the Fish and Wildlife

Coordination Act (FWCA) (70 Stat 1122; 16 U.S.C. 742f(a)). The hatchery is owned by the U.S.

Fish and Wildlife Service (Service) and Reclamation provides 100% of the funding to support the operations, maintenance, water, and power of this facility. LSNFH is considered a substation of the Coleman project, of which Coleman National Fish Hatchery is the main component. The

Service holds the responsibility for operations and maintenance of the grounds and infrastructure of the LSNFH.

LSNFH was constructed in 1997 as a temporary facility for winter run conservation, after years of population declines. The location of LSNFH promotes hatchery origin winter run to imprint to the water source upstream of Keswick Dam (i.e. mainstem Sacramento River, without Trinity

River diversion influence), where nearly all historic winter run spawning habitats were located.

The original intent was to bolster, or supplement, the abundance of winter run in the Sacramento

River for a few years, and once winter run population had rebounded to naturally sustainable levels, the hatchery would stop production and cease operations. However, the winter run population has not rebounded and the hatchery has been utilized every year since it was established.

The LSNFH is a relatively small hatchery facility, especially in comparison to large-scale fish production programs at the Coleman National Fish Hatchery. The relatively small scale of hatchery infrastructure at LSNFH is in alignment with the original goal of the supplementation program, which was to modestly bolster the winter run population without overwhelming it with hatchery-origin fish. The winter run program was designed so that forces of natural selection steer the adaptation of this endangered species towards traits favoring survival in the natural environment, while limiting the potential for adaptation to the captive environment. In alignment with this goal, the annual production target at LSNFH was designed to correspond to the abundance of winter run spawning in the Sacramento River annually. The hatchery is permitted to collect up to 15 percent of the estimated spawner escapement to be used as hatchery brood, up to a maximum of 180 fish, including 60 females and 120 males. A projected spawner escapement of 800 fish or greater allows for the annual collection target to be maximized. Based on this level of brood collection and typical rates of pre-spawn mortality, the standard annual production of winter run at LSNFH is between 200,000 and 250,000.

LSNFH also produces winter run for the Battle Creek “jumpstart” program and, in the future, for the Battle Creek winter-run Chinook Salmon Reintroduction Project. LSNFH annual production of winter run for Battle Creek is approximately 200,000-250,000 smolts. LSNFH maintains a population of captive broodstock to supplement the Battle Creek population.

The scale of winter run propagation at LSNFH has increased considerably during recent years of severe drought. Since 2014, hatchery production targets of winter run have been substantially increased (≥2x) for 5 of 9 years to mitigate for the expectation that water temperatures would become inhospitable to natural reproduction in the Sacramento River. This operational scheme is a deviation from the traditional role of the hatchery in mitigating for habitat losses upstream of

Shasta Dam, and the hatchery is now seen as an integral and critically important facility to help mitigate for ongoing operations of the CVP. Increased hatchery production of winter run during years of drought can overtax the facilities that were designed for substantially lower levels of production.

LSNFH is located on a thin strip of land directly below Shasta Dam, on the Sacramento River.

Water is supplied from three of the five Shasta Dam penstocks (selectable), via a 10-inch pipe.

There is no water sanitation or filtration of the incoming water. A charcoal filter system treats the effluent water during chemical treatments for fish diseases. There is no means to settle out solids (e.g., fish waste) from the hatchery’s effluent. The egg incubation and early fry rearing are completed within a metal building, outfitted with 23 heath stack incubators (345 trays) and

59 small round tanks (9 ft3 each). Grow-out occurs in an open-air environment, within 30 rectangular fiberglass tanks (96 ft3 each) and 12 large circular tanks (565 ft3 each). Adult river-caught salmon are held in two large circular tanks (942 ft3 each) capable of holding 180 adult salmon. Captive broodstock are held in 5 separate circular tanks (565 ft3 each). A housing unit is available on-site for hatchery staff.

Adult winter run brood are captured at the Keswick Dam fish trap and trucked to LSNFH. The

Keswick Dam fish trap is located several miles away from LSNFH and is the upstream most limit to anadromy on the Sacramento River. As a brood collection facility for winter run, the

Keswick Dam fish trap has been fairly effective at annually collecting the target number of fish;

however, this trapping facility has been largely ineffective at collecting natural origin winter run, which are essential to ensure that hatchery-produced fish are fully integrated into the winter run population and to limit the perpetuation of domestication forces. Genetic identification is conducted of fish captured at the trap to differentiate winter run from other runs of Chinook

Salmon, as well as to confirm sex and limit inbreeding through selective pairing.

The Service operates LSNFH with a 5-person team. This includes a supervisory fish biologist

(hatchery manager), 2 fish biologists, 1 animal caretaker, and 1 biological science technician.

LSNFH, as a part of the Coleman Project, has access to Coleman National Fish Hatchery recourses and expertise.

Hatchery propagation of winter run at the LSNFH is authorized under section 7 of the

Endangered Species Act (ESA) through issuance of a section 10(a)(1)(A) enhancement permit

(Permit #16477-3A) issued by NOAA Fisheries to the Service. Under section 7 of the ESA, federal agencies must consult with NOAA Fisheries when a federal action (e.g., hatchery propagation of winter run) may affect a threatened or endangered species or any of its designated critical habitats. Through the process of formal consultation, the Service developed and submitted to NOAA Fisheries on January 20, 2016, a permit application and two Hatchery and

Genetic Management Plans (see attachments), which thoroughly describe the operation of the winter Chinook Supplementation and Captive Broodstock hatchery programs. NOAA Fisheries reviewed and evaluated this information to assess potential effects to listed species and their critical habitats. On September 29, 2017, NOAA Fisheries issued a section 10(a)(1)(A) permit authorizing “direct take” of listed species for scientific research and enhancement activities associated with implementation of the Winter-run Chinook Salmon Integrated Recovery

Supplementation and Captive Broodstock Programs, contingent upon the provisions of the permit, applicable regulations, and the ESA.

LSNFH is also used to maintain a refugial population of the ESA listed Delta Smelt. The Delta

Smelt propagated at LSNFH function as a backup to a genetic refugial population reared the

University of California Davis’s Fish Conservation and Culture Lab (FCCL). Annually, sub adult

Delta Smelt are transferred from the FCCL to LSNFH. LSNFH holds many multi-family groups

(up to 35), with approximately 200 individuals from each group. The hatchery has special infrastructure used to raise live feed (Artemia and rotifers) for the larval Delta Smelt.

During years of average or greater precipitation, water quality at LSNFH is generally good for salmon production. Average water temperatures vary between 48° and 56° F. As the water supply is pulled directly from the Shasta Dam penstocks, there are some complex interactions between the water temperatures in the hatchery and dam operations (e.g., power peaking and operations of the temperature control device). Small water chillers are on-site to provide stable, cool water to incubating eggs and alevin. These small chillers have limited capacity. During drought years (e.g., 2021 and 2022), Reclamation has rented large water chillers to cool and stabilize the water supply (from Shasta Reservoir) for LSNFH. The chillers are used to chill

2,800 gpm of water, the peak pass-through volume of the hatchery. The water conveyance system at LSNFH is capable of providing >3,000 gpm of water. One chiller unit is connected to the local grid with a diesel generator for backup, while the other chillers are powered entirely by diesel generators. These chillers are very expensive to rent and operate, utilizing large amounts of power (~4 megawatts) and diesel fuel. In 2021, two 500-ton water-cooled chillers and one

150-ton air-cooled chiller were used in parallel to drop the incoming water temperature by a maximum of 10° F. A third chiller was used for backup and maintenance cycling. The high cost of renting and powering/fueling the chillers highlights the need for permanent solution for the hatchery. Reclamation is currently working to obtain permanent water chiller system for

LSNFH. Installation is anticipated for 2023. Integrating the water chiller system into LSNFH infrastructure is an important need.

Aquaculture is a continuous process at Livingston Stone. The hatchery operates 365 days a year, 24 hours per day. The number of on-site fish does vary considerably throughout the year. Some of the major infrastructure improvements and modernizations may require temporarily interrupting aquaculture. Special consideration shall be incorporated into the repair process to ensure that hatchery sees minimal interruption and can meet its production goals.

LSNFH is in need of infrastructure improvements and modernizations to ensure the future of winter run. Hatchery facilities will need to undergo significant updates to improve the facility’s operational resiliency and flexibility. Clearly defining alternatives to the current system will provide a pathway for Reclamation and the USFWS to select and construct cost-effective and programmatically viable infrastructure.

3.0 TYPE OF CONTRACT

The Government will award a Firm-Fixed Price contract for this requirement.

4.0 PERIOD OF PERFORMANCE

Period Start Date Completion Date

Contract Award Date Award Date plus 6 months

Deliverable per Objective Schedule

1 LSNFH Review Draft Award Date + 3 months

2 Alternatives Draft Award Date + 5 months

3 Biological and Enviro Risks Draft Award Date + 5 months

4 Future Hatchery Goals Draft Award Date + 5 months

5 Economic Cost and Priorities Draft Award Date + 5 months

9 Final Project Report Award Date + 6 months

5.0 PLACE OF PERFORMANCE

Livingston Stone National Fish Hatchery

16349 Shasta Dam Blvd.

Shasta Lake, CA 96019

6.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES

LSNFH is owned by the Service and supplied with funding, power, and water from Reclamation.

7.0 ADMINISTRATIVE INFORMATION

(a) Recognized Holidays – The Contractor is not required to work on the following Federal

Holidays:

New Year’s Day

Martin Luther King Jr.’s Birthday

President’s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Eve/Christmas Day

Juneteenth National Independence Day

8.0 TASKS

The Contractor shall provide the personnel (including fish culturists, biologists, engineers, drafters, and project managers), materials, and travel to complete the project objectives. The consultant understands that only the Contracting Officer (CO) has the authority to make changes to this order. The principal scope of work to be performed by the contractor will consist of the following objectives.

(a) Task 1 – Review the current state of the LSNFH facility and related systems, identifying infrastructure problems and shortcomings.

i. Review the hatchery’s design plans and drawing of the facility

ii. Review the hatchery production goals and regulatory requirements

iii. Complete site visits to evaluate the facility

iv. Gather information on current aquaculture capacity of systems/components

v. Define the current infrastructure deficiencies, inefficiencies, and missing components

(b) Task 2 – Identify the most cost-efficient and programmatically viable infrastructure alternative(s) for fish propagation programs at LSNFH, consistent with their missions and mitigation responsibilities.

i. Identify potential infrastructure alternatives for repairing, upgrading, or replacing existing facilities/systems, including but not limited to water intake system, water conveyance systems, hatchery-spawning building, adult holding ponds and tanks, raceways, effluent systems, office building, storage buildings (including cold storage), gates/fences, and drivable surfaces (asphalt and concrete)

ii. Consider existing and new technologies to increase fish production efficiency and to maximize water efficiency

iii. Key water quality characteristics must be maintained for salmon aquaculture at

LSNFH. Dissolved oxygen must be maintained at 100% saturation. All other dissolved gases must be maintained at less than on equal to 100% saturation.

Water temperatures must be maintained between 48° and 56° F, with a maximum fluctuation of 2 F° per hour. Turbidity and suspended solids must be maintained at low levels (e.g., less than 10 NTU)

iv. Fish densities must remain relatively low for winter run, with a max density index of 0.3 and flow index less than 2.0

v. Consider water sanitation and filtration systems

vi. Consider recirculating aquaculture capabilities

vii. Incorporate (newly installed) water chiller infrastructure into alternatives

viii. Consider the footprint limitations of the current facility and evaluate options for relocation

ix. Where possible, maintain the hatchery as a pump-free, gravity-fed system

x. Ensure hatchery infrastructure power demand is feasible with local grid limitations

xi. Ensure hatchery effluent systems are appropriately sized and effective to meet the requirements of the NPDES standards

xii. Consider the climatic and seasonal weather patterns and how they affect aquaculture and facilities operations (i.e., sweltering summer air temperatures, extreme sun exposure, and cold winter weather)

xiii. Consider alternative that reduce short and long-term maintenance requirements

xiv. Consider both salmon production needs and Delta Smelt propagation requirements

(c) Task 3 – Assess the biological and environmental risks associated with each alternative identified.

i. Define potential fish health and safety risks including transportation risks, water quantity and quality risks, security risks, infrastructure risks (e.g., power failures), etc.

ii. Define biological risks to the natural populations of salmon and steelhead

iii. Define water quality risks associated with effluent discharge, etc.

• Consider alternatives that promote reduces reliance on chemicals

• Consider alternatives that promote effective effluent systems, which return clean water to the Sacramento River

(d) Task 4 – Compare the hatchery’s fish production goals and objectives under current operations to the future operational needs (e.g., biological opinion and hatchery genetics management plan driven requirements).

i. Consider infrastructure alternatives for addressing the increased demands on hatchery operations (e.g., increase adult holding capabilities, ease of access to load trucks, etc.).

ii. Consider alternatives that promote operational flexibility

(e) Task 5 – Estimate the short-term and long-term economic costs, in current year dollars, of each alternative identified.

i. Include initial construction and/or repair costs to include design, permitting, personnel moves, fish transportation, operation and maintenance costs, etc.

ii. Provide prioritized list of alternatives, based on limited annual repair budgets

iii. Base work around continued fish production

9.0 DELIVERABLES AND REPORTING

The contractor shall compile all project information into draft reports and a final project report.

Each objective has a required deliverable of a draft document. Draft must be delivered to

Reclamation for review and editing. The Final Reports shall be provided in both electronic (e.g., MS Word) and hard copy (10 copies).

10.0 KEY PERSONNEL

Contract Officer:

See Award Document

Contract Officer’s Representative:

See COR Designation Letter

Bureau of Reclamation

Northern California Area Office

16349 Shasta Dam Blvd

Reclamation Operations and Maintenance Supervisor:

Bureau of Reclamation

16349 Shasta Dam Blvd.

Coleman Project Leader:

US Fish and Wildlife Service

Coleman National Fish Hatchery

Hatchery Manager:

US Fish and Wildlife Service

Livingston Stone National Fish Hatchery

11.0 PERFORMANCE REQUIREMENTS SUMMARY

Performance Requirement

Summary (PRS)

Acceptable Quality Level Means of Measurement

Task 1 Review LSNFH

Infrastructure

(a) Timeliness –

Completion of all deliverables in accordance with deliverable schedule

(b) Quality – All work is performed to industry standards

Direct observation and documented review by the

Government.

Task 2 Identify Infrastructure

Alternatives

(a) Timeliness –

Completion of all deliverables in accordance with deliverable schedule

(b) Quality – All work is performed to industry standards

Direct observation and documented review by the

Government.

Task 3 Assess Risk of

Identified Alternatives

(a) Timeliness –

Completion of all deliverables in accordance with deliverable schedule

(b) Quality – All work is performed to industry standards

Direct observation and documented review by the

Government.

Task 4 Compare Alternatives to Fish Production Goals

(a) Timeliness –

Completion of all deliverables in accordance with deliverable schedule

(b) Quality – All work is performed to industry standards

Direct observation and documented review by the

Government.

Task 5 Estimate Economic

Impacts

(a) Timeliness –

Completion of all deliverables in accordance with deliverable schedule

(b) Quality – All work is performed to industry standards

Direct observation and documented review by the

Government.

**END OF PERFORMANCE WORK STATEMENT**

CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2021)

(a) Inspection /Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The

Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act

( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract .

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim , appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract , pending final resolution of any dispute arising under the contract .

(e) Definitions . The clause at FAR 52.202-1, Definitions , is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting

Officer of the cessation of such occurrence.

(g) Invoice .

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice , if authorized) to the address designated in the contract to receive invoices.

An invoice must include-

(i) Name and address of the Contractor ;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment , including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice ;

and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract .

(x) Electronic funds transfer (EFT) banking information .

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract .

(B) If EFT banking information is not required to be on the invoice , in order for the invoice to be a proper invoice , the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than

System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

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(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part

1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract , provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract .

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice . For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made .

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall -

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item , if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer .

(6) Interest.

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(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the

Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract .

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract .

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor ;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor .

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(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract .

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin ; or

(2) Delivery of the supplies to the Government at the destination specified in the contract , if transportation is f.o.b. destination .

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties .

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract , or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract , the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor ’s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract , or any part hereof, for cause in the event of any default by the Contractor , or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience .

(n) Title. Unless specified elsewhere in this contract , title to items furnished under this contract shall pass to the Government upon acceptance , regardless of when or where the

Government takes physical possession.

(o) Warranty . The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract .

(p) Limitation of liability. Except as otherwise provided by an express warranty , the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

https://www.acquisition.gov/far/part-32#FAR_32_608_2

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract .

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter

37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C.

4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies /services.

(2) The Assignments, Disputes, Payments, Invoice , Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract , including any license agreements for computer software .

(5) Solicitation provisions if this is a solicitation .

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

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(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any

Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor ’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract .

(End of clause)

ADDENDUM TO 52.212-4

1452.201-70 AUTHORITIES AND DELEGATIONS - (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

2) Waive or agree to modification of the delivery schedule;

3) Make any final decision on any contract matter subject to the Disputes Clause;

4) Terminate, for any reason, the Contractor's right to proceed;

5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction

(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the

Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting

Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(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, 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.

DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING

SYSTEM - (DEC 2015)

(a) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance

Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report.

Once the report is processed, it is available in the Past Performance Information Retrieval

System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the

Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

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

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

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

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

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

(4) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating No comment in the space provided, and then selecting “Accept the Ratings and

Close the Evaluation”.

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

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

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

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

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

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

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

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

WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES

AND LIMITATIONS -- BUREAU OF RECLAMATION (MAY 2018)

(a) Performance of the work under this contract shall be subject to the technical direction of the

Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

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

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