Sol_140R2024Q0082.pdf

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140R2024Q0082

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Bureau of Reclamation Mid-Pacific Region Regional Office Division of Acquisition Services 2800 Cottage Way, Room E-1815 Sacramento CA 95825-1898 US Northern California Area Office (NCAO) Trinity River Fish Hatchery Modernization Service

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80 2 of

140R2024Q0082 NCAO Trinity River Fish Hatchery

Modernization Service

Solicitation # 140R2024Q0082

COMBINED SYNOPSIS/SOLICITATION

Northern California Area Office (NCAO)

Trinity River Fish Hatchery

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 140R2024Q0082 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-04 (05/01/2024).

GENERAL INFORMATION

RFQ Number: 140R2024Q0082

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

North American Industry Classification Code

(NAICS): 541620

Size

Standard: $19.0 M

The Government will award items based on comparative quote evaluation based on: Technical

Approach, Past Performance, Prior Experience, and Price.

Site Visit:

A formal site visit is not planned for this requirement.

Quote Due Date:

Quote Submission:

May 28, 2024

3:00 p.m. PDT

By email to steves@usbr.gov

Contact

Information:

Steven Teves

Phone Number/Email: 916 978-4302 / steves@usbr.gov

Request for Information: All questions regarding this solicitation should be emailed to steves@usbr.gov no later than May 21, 2024 @ 10:00 a.m. PDT.

mailto:steves@usbr.gov

QUOTER INFORMATION:

Business Name: _______________________________

SAM Unique ID or Cage Code: ______________________

QUOTE PRICING SCHEDULE:

CONTRACT LINE ITEM (CLIN) PRICE

GRAND TOTAL: $________________

All prices submitted will be firm-fixed priced throughout the duration of the contract.

Quoters are required to submit a quote on all contract line-item numbers to be considered for an award. Quotes shall be valid for 60 days from the date quotes are due.

Refer to Provision 52.212-1 Addendum, Quote Submittal Instructions (page 49-50), for further instructions.

Documents necessary for quote submission are as follows:

QUOTE/PRICING SCHEDULE

CLIN

NO.

Description

Quantity Unit of

Issue

Price

00010 The contractor shall provide all management, personnel, supervision, labor, materials, transportation, and other items necessary to update the Klamath Basin River Basin Model

(RBM) 10 to Simulate Water Temperatures in the Lower Klamath and Trinity Rivers, California

Task 1 – Project Management

AU

Task 2 – Environmental Compliance and

Permitting Support Services

AU

1. Completed and signed quote pricing schedule (page 5-6)

2. Completed Task List Pricing Attachment (see Attachments, page 48)

2. Technical Approach document (see evaluation criteria at 52.212-2, page 50-51)

3. Milestone Delivery Schedule (see evaluation criteria at 52.212-2, page 50-51)

3. Key Personnel document (see evaluation criteria at 52.212-2, page 50-51)

5. Prior Experience document (see evaluation criteria at 52.212-2, page 50-51)

6. Fully executed and completed offeror representations, certifications, and acknowledgments required by FAR 52.212-3 of this solicitation, (only paragraph b must be completed if necessary). If SAM representations, certifications and acknowledgments are correct in SAM as it pertains to this solicitation then the quoter verifies by submission of this quote that their representation and certifications in SAM have been entered or updated in the last 12 months, and are current, accurate, complete, and applicable to this solicitation.

Authorized Agent’s Signature/Date:_______________________________________________

PERFORMANCE WORK STATEMENT

1.0 BACKGROUND

The Bureau of Reclamation (Reclamation), Department of the Interior, under the authority of the

Act of August 12, 1955 (Public Law 84-386), acquired lands and provided funds for the construction of Trinity and Lewiston Dams, features of the Central Valley Project's Trinity River

Division. Reclamation finished the construction of Trinity and Lewiston Dams in 1963.

Because of the dams’ construction, upstream anadromous fish spawning areas were rendered inaccessible. Therefore, the Trinity River Hatchery (TRH) was constructed and equipped by

Reclamation to produce juvenile salmonids which would mitigate for the loss of upstream habitat and fish production potential. The TRH produces spring and fall-run races of Chinook Salmon

(Oncorhynchus tshawytscha), steelhead (O. mykiss), and the federally threatened Coho Salmon

(O. kisutch). These three species are highly significant for economic, recreational, and cultural values of the region. Reclamation has maintained ownership of the grounds and infrastructure of the TRH and has funded California Department of Fish and Wildlife (CDFW) to operate and maintain (O&M) TRH since the hatchery’s construction and the completion of Trinity and

Lewiston Dams in 1963. Currently, the hatchery’s annual goal is to produce approximately 5 million juvenile salmonids.

Over 30 years have passed since any significant infrastructure improvements have been completed at the hatchery. A two-phased modernization project occurred between 1987 and

1990, which made several needed improvements to the hatchery to improve production potential.

These improvements included replacing the original earthen rearing ponds with concrete raceways, replacing the fish release infrastructure (effluent pathway), fencing the raceway area, and installing a water heating system in the hatchery building, among other improvements.

Aquaculture is a continuous process at TRH. The hatchery operates 365 days a year, 24 hours per day. Because of continual operations, many aspects of the hatchery have become antiquated and/or slipped into various states of disrepair. These issues have led to inefficiency in water use

(e.g. difficult to monitor water use, broken valves that cannot be shut, hatchery building effluent only leads to river), outdated aquaculture practices (e.g. heath stacks require frequent chemical treatments, limited adult holding capacity), and personal health and safety concerns (e.g. sink holes, building integrity). These problems are compounded by the new requirement for hatchery operations under two Biological Opinions and a Coho Salmon hatchery genetics management plan. The existing hatchery infrastructure does not have the capacity to meet the needs of these new legal requirements (e.g. lack of adult broodstock holding space). TRH’s infrastructure needs modernization to meet the increasing demands of contemporary aquaculture practices and bring the facility back to full operability.

Therefore, Reclamation’s Northern California Area Office (NCAO) is undertaking activities to plan and implement a complete modernization of the hatchery.

The hatchery modernization project activities may require separate environmental permits for in-water work and compliance with the Endangered Species Act. Requirements of necessary permits and compliance include but are not limited to resource evaluations and impact analyses for all project implementation activities. Discrete areas of concentration include:

• National Environmental Policy Act (NEPA) and/or California Environmental

Quality Act (CEQA) documents and analyses.

• Other necessary environmental documents and reports including Biological

Assessments (BAs).

• Application packages for applicable environmental permits. Surveys for species

(i.e. birds, terrestrial and aquatic wildlife), habitat presence, and potential project impacts.

2.0 OBJECTIVE

The primary objectives of the Environmental and Technical Support Services are to provide CEQA/NEPA compliance and mitigation support services. Activities may include but are not limited to surveys, development of environmental compliance documents, and project site review.

3.0 SCOPE

Acquire professional environmental compliance and permitting support for the TRH

Modernization Project. This complex and large-scale project looks to update TRH with cost-effective, efficient, and programmatically viable infrastructure, consistent with the

TRH’s mission and mitigation responsibilities. The contractor is expected to work closely with Reclamation and to produce documents which will fulfill environmental compliance documentation and regulatory permitting.

4.0 TASKS

Task 1. Project Management

The Contractor shall have a project manager who tracks the schedule and budget that will serve as the single point of contact to the Government for the services required in this performance work statement (PWS).

The Contractor shall prepare and submit a quarterly status report that covers the following: all activities completed, all activities planned to be completed within six (6) months of the report date, financial status, schedule, and identification of any outstanding issues. The Contractor shall furnish one (1) electronic copy of the report in

Word or PDF format with full editing privileges. The contractor shall discuss the status of planned activities during bi-monthly meetings, or whenever needed by Reclamation.

The Contractor shall conduct bi-monthly project management meetings with NCAO staff. Additional meetings will be held as necessary to coordinate work included in

Tasks 2.1 - 2.4. Meetings may be through teleconference.

Contractor personnel assigned to accomplish the work described in Task 1 should remain consistent throughout the life of the project. Any change in personnel assigned by the Contractor shall be discussed with the COR and CO.

Task 1 Deliverables:

1. Submit a written status report to NCAO at the end of every quarter throughout the duration of the period of service.

• Jan-March(Q1)

• April– June (Q2)

• July-September (Q3)

• October – December (Q4)

2. Maintain a Project Schedule in Microsoft Project or something similar showing all task items with duration and dates, linked as appropriate with reasonable timelines.

Task 2. Environmental Compliance and Permitting Support Services

Task 2.1 NEPA/CEQA and environmental compliance documents – Environmental compliance activities shall include preparation of CEQA/NEPA environmental review documents that comply with the implementing regulations of the NEPA/CEQA for both Federal and State agencies and are consistent in format and content with existing and recent Reclamation Environmental Assessment (EA)/Initial Study (IS) and

Environmental Impact Statement (EIS)/Environmental Impact Report (ER) documents, and serve both Federal and State agencies, as needed, for the TRH Modernization project. Format requirements include Section 508 of the Rehabilitation compliance for

CEQA/NEPA documents, and any documents to be made available to the public.

Developed documents may include initial studies, negative declarations, mitigated negative declarations, environmental assessments, alternatives analysis, reviewing and responding to public comments, updating environmental analysis if needed, and findings of no significant impact (FONSI). If necessary, EA development may transition to an EIS. For each resource category presented in the impact analysis sections of the draft environmental documents the Contractor shall: 1) identify the potentially significant adverse environmental impacts, identify which mitigation strategies apply to each potentially significant adverse impact and assess the level of significance of each impact before and after mitigation; 2) review, analyze, and revise

NEPA documents to meet Reclamation NEPA requirements; and 3) meet CEQA lead agency requirements so that the CEQA lead agency may certify that CEQA guidelines have been met. If needed, the Contractor will incorporate changes and prepare a

Revised Draft NEPA/CEQA document for additional review by Reclamation. The

Contractor shall provide a final NEPA/CEQA document with incorporated changes.

Note: Per 40 CFR 1506.5, the agency is responsible for the accuracy, scope, and content of environmental documents prepared by a contractor and therefore, Reclamation has the right to edit and finalize the prepared documents as needed.

The Contractor shall provide specialists for complex environmental, socioeconomic, and/or environmental justice issues, if needed (i.e. – wetlands delineations, bird surveys, vegetation monitoring, water turbidity analyses, noise, water quality, etc.).

The Contractor shall provide post-NEPA compliance, monitoring, and administration needs related to the mitigation strategies included within the EA/EIS.

Task 2.2 Environmental compliance activities – Environmental compliance activities shall include biological surveys and subsequent reporting necessary for the preparation of CEQA/NEPA environmental review documents and Biological

Assessment (BA) documents as needed, for the TRH Modernization project.

Developed documents may include initial studies and effects analyses. For each resource category presented in the effects analysis sections of the BA documents, the

Contractor shall: 1) identify the potential effects and identify applicable environmental commitment strategies; 2) review, analyze, and revise BA documents to meet U.S.

Code of Federal Regulation requirements (50 CFR 402.12); and 3) clearly document an effects determination. If needed, the Contractor will incorporate changes and prepare a Revised Draft BA for additional review by Reclamation before being accepted. The Contractor shall provide a final BA document with incorporated changes.

Note: Per 40 CFR 1506.5, the agency is responsible for the accuracy, scope, and content of environmental documents prepared by a contractor and therefore, Reclamation has the right to edit and finalize the prepared documents as needed.

The Contractor shall provide specialists for complex environmental, socioeconomic, and/or environmental justice issues, if needed (i.e. – wetlands delineations, bird surveys, vegetation monitoring, water turbidity analyses, noise, water quality, etc.).

The Contractor shall provide monitoring and administration needs related to the environmental commitments included within the BA(s).

All requests and correspondence for consultation with the U.S Fish and Wildlife

Service (USFWS) and the National Marine Fisheries Service (NMFS) will be initiated and led by Reclamation staff. The Contractor will be included in consultation discussions to meet the objectives set forth in Task 2.2.

Task 2.3 Permit application packages – The Contractor shall prepare permit applications to obtain all necessary and required local, County, State, and Federal environmental compliance permits needed to implement the TRH Modernization project. The contractor shall research which permits are required to implement projects and shall communicate this information to the NCAO to ensure that the environmental documents are incorporated into the scope as required by the various agencies.

Examples of applicable permit applications to be prepared may include Section 401, Section 404, National Pollutant Discharge Elimination System (NPDES).

Task 2.4 Facilitation – The Contractor shall provide a trained moderator to lead one (1) public meeting pertaining to the TRH Modernization project. The moderator should be skilled in facilitation of contentious natural resource topics. Meeting format may be either open house, presentation with question and answer, or formal hearing, and would be up to 3 hours in length.

Contractor personnel assigned to accomplish the work described in Task 2.1-2.4 should remain consistent throughout the life of the project. Any change in personnel assigned by the Contractor shall be discussed with the COR and CO.

Task 2 Deliverables:

1. Prepare CEQA Initial Study and NEPA Environmental Assessment for the TRH

Modernization project, along with the associated FONSI, Negative Declaration, and/or Mitigated Negative Declaration. Due date to be included in the Contractor developed project schedule to be made in coordination with the COR.

2. Prepare Biological Assessments when necessary for Endangered Species Act compliance. Due date to be included in the Contractor developed project schedule to be made in coordination with the COR.

3. Provide Reclamation with all documents, references, maps, geospatial data, etc.

used to support the analysis. Due date to be included in the Contractor developed project schedule to be made in coordination with the COR.

4. Conduct any necessary biological surveys. Due date to be included in the Contractor developed project schedule to be made in coordination with the

COR.

5. Provide any post-NEPA compliance, monitoring, and/or administration related to the mitigation strategies included within the EA/EIS. Due date to be included in the Contractor developed project schedule to be made in coordination with the COR.

6. Provide monitoring and administration needs related to the environmental commitments included within the BA(s). Due date to be included in the Contractor developed project schedule to be made in coordination with the

COR.

7. Prepare application packages for Section 401, Section 404, County Flood Plain Development, and other applicable permits for the TRH Modernization project.

Due date to be included in the Contractor developed project schedule to be made in coordination with the COR.

5.0 TYPE OF CONTRACT

The Government will award a firm-fixed price purchase order.

6.0 PERIOD OF PERFORMANCE

The period of performance shall be four years from date of award. The anticipated period of performance beginning date is September 24, 2024.

7.0 ADMINISTRATIVE INFORMATION

7.1 Recognized Holidays

The Contractor is not required to perform services as recognized on the following 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 Independence Day

7.2 Hours of Operations

The contractor is responsible for conducting business, between the hours of 8AM to 5PM, Monday through 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. 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.

7.3 Place of Performance

Work to be performed in accordance with this requirement will occur at Reclamation managed, owned, or funded sites and/or surrounding landscapes. Coordination with stakeholders and agencies will occur primarily within the Trinity and Shasta Counties.

Meetings and/or presentations may need to take place at the NCAO office in Shasta Lake, CA or at a location closer to the project site in Trinity County.

7.4 Security

The following FAR Clause 52.204-21 and WBR 1452.237-80 applies to all security standards for this project.

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

7.5 Special Considerations

Property Access Permission and Permits:

NCAO shall obtain any necessary landowner permission and/or access agreements.

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 NCAO. Additionally, NCAO shall be informed of the publication and provided the opportunity to review and comment on a final draft of the publication. NCAO shall not be responsible for any costs incurred by the Contractor.

8.0 DATA REQUIREMENTS

General Data Requirements

Data include any quantitative or qualitative information deliverables gathered for monitoring or analysis of the TRH project site or surrounding landscape, including baseline information to assist with monitoring or analysis. Data requirements set forth here are to enable Reclamation NCAO to comply with the Data Quality Act (Section 515 of the

Consolidated Appropriations Act, 2001). Data received from the Contractor shall, at

Reclamation discretion, be subject to inspection prior to acceptance. Reclamation 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 Reclamation within 90 days from the rejection notification date. Reclamation 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 NCAO in formats accessible by the office staff with standard computers and software (Windows based PC with Microsoft Excel, Microsoft

Access, ArcGIS, or AutoCAD). Unless otherwise specifically agreed upon by NCAO staff, these include:

• XLS (MS Excel spreadsheets)

• CSV (Comma Separated Value tables)

• MDB (MS Access database)

• JPEG or TIFF (for photos and other images)

• 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 Reclamation.

8.1 Additional Requirements for Geospatial Data

All geospatial data deliverables shall comply with applicable international, national and Federal information technology and geographic information standards, particularly those determined by the Federal Geographic Data Committee as supporting the

National Spatial Data Infrastructure. Failure to comply with the official policy on spatial data as set forth in 3 (three) Office of Management and Budget Circulars (OMB

A-16, OMB A-119, and OMB A-130) and by presidential Executive Order 12906 will not be acceptable and payment for work incurred will not be forth coming until these requirements are met.

Geospatial data deliverables include any of the following: geographic information system (GIS) data, Remote Sensing, Aerial Photography, computer aided drafting

(CAD), imagery, global positioning system (GPS) data, etc. in the form of databases

(tabular or geospatial) or map products. Geospatial data submitted to NCAO shall meet specific spatial requirements and federal regulations in addition to the general Data

Requirements (above).

Format:

Unless otherwise specifically agreed upon by NCAO staff, data shall be submitted in one or more of the following formats:

1. ESRI Shapefile

2. ArcGIS File Geodatabase (may include vector and raster formats)

3. ArcGIS Personal Geodatabase

4. GeoTIFF

5. XYZ (space delimited text format for LiDAR data)

6. AutoCAD DWG, include as appropriate

• breaklines within DWG files

• points additionally as CSV or NEZD file (northing, easting, elevation, and description)

Media:

Unless otherwise specifically agreed upon by NCAO staff, data shall be submitted on one or more of the following media, readable by a standard, contemporary

Microsoft Windows based computer:

1. CD

2. DVD

3. external hard drive with USB connectivity

Metadata:

In accordance with OMB A-16, the U.S. Government Requires metadata compliant with standards set by the Federal Geographic Data Committee (FGDC;

www.fgdc.gov/nsdi/nsdi.html). Metadata tools provided within ArcGIS indicate minimum requirements of FGDC compliant metadata by marking fields as “Required”. For sake of maintaining connections between data, documentation, and data origins, NCAO requires that the Abstract, Purpose, or Supplemental Information fields provide reference to the collection agency or organization, data collection and sampling documents, and resulting reports.

Datum and Projection:

Geospatial data shall be submitted in the following datums and projections, unless otherwise specifically agreed upon by NCAO personnel:

1. Horizontal Datum:

• North American Datum 1983 (NAD83)

2. Vertical Datum:

• North American Vertical Datum (NAVD88),

• or Geoid 2009

3. Horizontal projection:

• Geographic Coordinate System (unprojected latitude and longitude in decimal degrees)

• or California State Plane, zone 1 (units in U.S. Survey Feet).

Accuracy:

Geospatial accuracy shall be specified in supporting documents including FGDC compliant metadata. Accuracy documentation must include both the source of geospatial measurements (e.g. GPS receiver with processing level) and a clear measure of accuracy (for 95% of measurements, if possible). Be aware that Root-Mean-Square-

Error (RMSE) statistics indicate an average accuracy not appropriate for a 95% certainty. Typical levels of GPS processing and corresponding accuracy are provided in the following table; accuracy statistics such as Garmin’s “Estimated Positional Error” provided by cheaper GPS units are often inappropriate for the accuracy measurements required here. GPS receivers must be properly configured to provide output in the correct projection and datum.

GPS &

processing level

Accuracy (95% of measures are within):

Recreational grade GPS (e.g.

Garmin)

15 meters

Recreational grade

GPS with WAAS correction

5 meters http://www.fgdc.gov/nsdi/nsdi.html

Mapping grade

GPS with differential correction

1-3 meters

Survey Grade GPS with differential correction

< 1 meter

Real-Time ~ 2.5 cm

Kinnematic GPS with proper base station support and processing

The U.S. National Map Accuracy Standards (https://www.usgs.gov/publications/map-accuracy-standards) provide guidance for converting accuracy to map scale. These may be interpreted to the following table:

Accuracy (90% of points are within):

Map

Scale

0.85 meters 1:1000

4.23 meters 1:5000

10.2 meters 1:12,000

12.2 meters 1:24,000

50.8 meters 1:100,000 127 meters 1:250,000

254 meters 1:500,000

Security/Privacy:

The Recipient/Contractor shall provide full disclosure regarding any security/privacy concerns of all data that is delivered to Reclamation. This will be fully documented in the metadata in accordance with the Federal Geographic Data Committee Standard

Content Standard for Digital Geospatial Metadata, FGDC-STD- 001-1998.

9.0 KEY PERSONNEL

Contract Officer’s Representative:

See COR Designation Memo

Bureau of Reclamation

Northern California Area Office

Project Manager (NCAO):

Project Manager (Regional Construction Office):

http://rockyweb.cr.usgs.gov/nmpstds/nmas.html http://rockyweb.cr.usgs.gov/nmpstds/nmas.html

Environmental and Natural Resources Division Supervisor:

Supervisory Natural Resources Specialist

10.0 RESEARCH AGREEMENT

No patents and inventions will result from this agreement.

11.0 PERFORMANCE REQUIREMENTS SUMMARY

Performance Requirement Summary

(PRS)

Acceptable Quality Level Means of Measurement

Task 1

Project Management Maintain a Project Schedule in showing all task items with appropriate reasonable timelines.

Modifications to be received as needed, unless otherwise agreed to by the COR.

Schedule changes for performance milestones and deliverables should be discussed with the COR prior to their adoption.

Periodic observation and documented review by the

Government.

Quarterly status report Report received at the end of every quarter throughout the duration of the period of service.

Periodic observation and documented review by the

Government.

Task 2

NEPA/CEQA and environmental compliance documents

Regulatory and policy compliance.

Documents meet standards of each action agency which is required to review and sign.

Periodic observation and documented review by the

Government.

Environmental compliance activities

Regulatory and policy compliance.

Surveys meet standards of each action agency and are applicable to the preparation of CEQA/NEPA.

Periodic observation and documented review by the

Government.

Permit application packages

Regulatory and policy compliance.

Documents meet standards of each regulatory agency which is required to review and issue permits.

Periodic observation and documented review by the

Government.

Facilitation Management of contentious meeting.

Facilitator/moderator will have skill in facilitating contentious natural resources meetings and will maintain a professional atmosphere. Meetings will stay on topic and within established parameters.

Periodic 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 2023)

(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.

https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34

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

(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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 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_212_5

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(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.

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(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.

(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.

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

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.

(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; 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.

https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(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.

(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

DIAR 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)…