Sol_140R2025Q0030.pdf
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- Attached to
- SJRRP Environmental Compliance Services Support Federal contract opportunity
- Solicitation number
- 140R2025Q0030
About this file
This is a Combined Synopsis/Solicitation for a San Joaquin River Restoration Program (SJRRP) Environmental Compliance Field Services Support contract. The Bureau of Reclamation is seeking a women-owned small business to provide biological monitoring and survey support for two infrastructure projects: the Arroyo Canal Fish Screen and Sack Dam Fish Passage Project and the Mendota Pool Bypass and Reach 2B Improvements Project. The contract will support environmental compliance efforts, including pre-construction surveys, special status species handling, worker environmental awareness training, biological monitoring, and stormwater pollution prevention plan services.
The solicitation (140R2025Q0030) is a Firm-Fixed Price Purchase Order with a base year from August 1, 2025 to July 31, 2026 and four optional one-year extensions through July 31, 2030. The NAICS code is 541620 with a size standard of $19 million. Quotes are due on Wednesday, July 9, 2025 at 10:00am PDT and should be emailed to margaretjones@usbr.gov. Offerors must be registered in the System for Award Management (SAM.gov) and will be evaluated on technical approach, organizational and key personnel, past performance, and price, with a comparative evaluation methodology to determine best value.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140R2025Q0030_Amd_0002.pdf | ||
| Amendment_2_RFI_Responses_0002.pdf | ||
| Sol_140R2025Q0030_Amd_0001.pdf | ||
| RFI_Responses_-_140R2025Q0030__SJRRP_Biological_Monitoring_0001.pdf | ||
| PWS_Attachment_B_-_Reach_2B_Water_Quality_Certification.pdf | ||
| PWS_Attachment_C_-_2B_Project_404_Permit.pdf | ||
| PWS_Attachment_A_-_Applicable_Environmental_Commitments_Summary.pdf |
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
R20
See Schedule
CODE 16. ADMINISTERED BYCODE
X
X
541620
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
07/09/2025 1000 PD
06/12/2025
9169785450Margaret Jones (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140R2025Q0030
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 41 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
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
$19
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
Bureau of Reclamation
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
X
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
ADMINISTERED BY:
Bureau of Reclamation Mid-Pacific Region Regional Office Division of Acquisition Services 2800 Cottage Way, Room E-1815 Sacramento CA 95825-1898 US Please see Combined Synopsis Solicitation.
Period of Performance: 08/01/2025 to 07/31/2026
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Margaret Jones
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
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: REFERENCE
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. 11/2021) 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
41 2 of
COMBINED SYNOPSIS/SOLICITATION
140R2025Q0030
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR parts 13.5 and additional information included in this notice. The Bureau of Reclamation intends to award a Firm-Fixed Price Purchase Order for services represented in the Performance Work Statement. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03, as of January 17, 2025.
This requirement is being solicited as a 100% women-owned small business set-aside and will be awarded using comparative evaluation in accordance with FAR Part 13.
GENERAL INFORMATION
RFQ Number: 140R2025Q0030
Request for Quotation
(RFQ)
Request for Proposal
(RFP)
Invitation for Bid
(IFB)
North American Industry Classification Code (NAICS): 541620 Size Standard: $19 Million
Quotes are due no later than 10:00am PDT on Wednesday, July 9, 2025.
Quotes should be emailed to Margaret Jones at margaretjones@usbr.gov.
Quoters must be registered in System for Award Management (www.SAM.gov) by the closing date of the solicitation in order to be considered for award. SAM is an official website of the U.S Government and there is no cost to register in SAM.
Vendor’s Business Information:
Business Name: __________________________________________________
Business Address: ________________________________________________
Business Point of Contact: __________________________________________
Point of Contact Email Address: _____________________________________
Point of Contact Phone Number: _____________________________________
SAM UEI Number/Cage Code: ______________________________________
Please see further instructions for quote submission under Provision 52.212-1 Addendum and 52.212-2 Addendum.
mailto:margaretjones@usbr.gov http://www.sam.gov/
PRICE SCHEDULE
Contractor shall provide all management, personnel, supervision, labor, materials, transportation, and other items necessary to perform services in accordance with the Performance Work Statement (PWS).
CLIN Description Quantity Unit Unit Price Amount
00010 Base Year: August 1, 2025 – July 31, 2026 12 Months $ $
00020 Option Year 1: August 1, 2026 – July 31, 2027 12 Months $ $
00030 Option Year 2: August 1, 2027 – July 31, 2028 12 Months $ $
00040 Option Year 3: August 1, 2028 – July 31, 2029 12 Months $ $
00050 Option Year 4: August 1, 2029 – July 31, 2030 12 Months $ $
Grand Total $
If FAR 52.217-8, Option to Extend Services, is exercised, the prices for the Option to Extend Service’s term will be calculated based on the prorated term and prices that are in effect at the time the option is exercised.
PERFORMANCE WORK STATEMENT
San Joaquin River Restoration Program Environmental Compliance Field Services Support
Performance Work Statement
1.0 BACKGROUND
The mission of the Bureau of Reclamation (Reclamation) is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public. Friant Dam, constructed in 1942, impounds Millerton Reservoir, near Fresno, CA, and is the primary dam controlling flows in the San Joaquin River. Historic operation of Friant Dam resulted in no flows in portions of the San Joaquin River for all or substantial periods during most years and corresponding impacts to fisheries.
In 1988, a coalition of environmental groups led by the Natural Resources Defense Council (NRDC) filed a lawsuit challenging the renewal of the long-term water service contracts between the United States and the Central Valley Project Friant Division Contractors. After more than 18 years of litigation known as Natural Resources Defense Council, et al., v. Kirk Rodgers, et al., NRDC, Friant Water Users Authority, and the Departments of the Interior and Commerce (Settling Parties) reached agreement on the terms and conditions of the San Joaquin River Settlement (Settlement). The San Joaquin River Restoration Program (SJRRP) focuses on implementing the Settlement as authorized by the San Joaquin River Restoration Settlement Act (Settlement Act), included in Public Law 111-11. The Settlement and Settlement Act can be found online at www.restoresjr.net. The SJRRP is a comprehensive long-term effort to restore flows to over 150 miles of the San Joaquin River from Friant Dam to the confluence of the Merced River and restore a self-sustaining Chinook salmon fishery in the river while reducing or avoiding water supply impacts from releasing Restoration Flows. The SJRRP is currently focused on completing construction of two major infrastructure projects to contribute to implementing the Settlement in the Restoration Area.
Arroyo Canal Fish Screen and Sack Dam Fish Passage Project The purpose of the Arroyo Canal Fish Screen and Sack Dam Fish Passage Project (Arroyo Project) is to implement fish passage improvements at the Arroyo Canal and Sack Dam facilities on the San Joaquin River, as described in Paragraph 11(a)(6) and 11(a)(7) of the Settlement, as authorized by the Settlement Act, and as described in the 2012 SJRRP Programmatic Environmental Impact Statement/Report (EIS/R) and Record of Decision (ROD) (available at Bureau of Reclamation) and the 2025 Arroyo Project Supplemental Environmental Assessment (available at Bureau of Reclamation):
• Screening the Arroyo Canal water diversion immediately upstream of Sack Dam to prevent entrainment of anadromous fish
• Modifications at Sack Dam to ensure fish passage http://www.restoresjr.net/ https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=2940 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=55520
Mendota Pool Bypass and Reach 2B Improvements Project The Mendota Pool Bypass and Reach 2B Improvements Project (2B Project) includes the construction, operation, and maintenance of the Mendota Pool Bypass and improvements in the San Joaquin River channel in Reach 2B to convey at least 4,500 cubic feet per second (cfs), as described in Paragraph 11(a)(1) and 11(a)(2) of the Settlement, as authorized by the Settlement Act, and as described in the 2012 SJRRP Programmatic EIS/R and ROD (available at Bureau of Reclamation), the 2016 2B Project EIS/R and ROD (available at Bureau of Reclamation) and any supplemental environmental compliance documentation that may be prepared as needed for design refinements. Paragraph 11(a)(1) of the Settlement stipulates the creation of a bypass channel around the Mendota Pool to ensure conveyance of at least 4,500 cfs from Reach 2B downstream to Reach 3. Paragraph 11(a)(2) of the Settlement stipulates modifications in channel capacity, incorporating new floodplain habitat and related riparian habitat, to ensure conveyance of at least 4,500 cfs between the Chowchilla Bypass Bifurcation Structure and the new Mendota Pool Bypass.
Environmental commitments for these projects potentially relevant to the tasks in this PWS are as described in Attachments A, B and C.
2.0 SCOPE
The contractor shall support Reclamation in all aspects of complying with the biological aspects of Reclamation’s environmental commitments (Attachment A) and in accordance with Clean Water Act compliance documentation for these projects (Attachments B and C). Tasks include those related to project management and reporting; pre-construction surveys, installation, maintenance and removal of special status species and habitat buffers and exclusions; special status species relocations; worker environmental awareness training (WEAT); biological and water quality monitoring during construction; and Qualified Stormwater Pollution Prevention Plan (SWPPP) Practitioner (QSP) Services as further described in Section 3 below and Attachment A.
Special status species relevant to this Performance Work Statement (PWS) potentially include, but are not limited to, birds protected by the Migratory Bird Treaty Act, blunt-nosed leopard lizard (Gambelia sila), giant garter snake (Thamnophis gigas), western pond turtle (Actinemys marmorata), least Bell’s vireo (Vireo bellii pusillus), Fresno kangaroo rat (Dipodomys nitratoides), San Joaquin kit fox (Vulpes macrotis mutica), special-status plants, Pacific lamprey (Entosphenus tridentatus or Lampetra tridentate), Central Valley steelhead Distinct Population Segment (DPS; Oncorhynchus mykiss), southern Distinct Population Segment of North American green sturgeon (Acipenser medirostris), and Central Valley spring-run Chinook salmon Nonessential experimental population (NEP; Oncorhynchus tshawytscha).
3.0 TASKS
The contractor shall perform the following tasks as determined necessary by Reclamation.
https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=2940 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=2940 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=4032
3.1 Project Management and Reporting
The contractor shall coordinate closely with Reclamation and on-site construction contractors.
The contractor shall hold monthly conference calls with Reclamation. Reclamation may include the United States Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), and/or the Department of Fish and Wildlife (DFW) in these calls at Reclamation’s discretion. The contractor shall prepare meeting agendas, presentations, and meeting minutes as necessary. Presentations shall include updates on the latest pre-construction survey planning and results, species observations, WEAT, special status species and habitat exclusion plans and/or results, and relocation plans and/or results, and construction biological and water quality monitoring and QSP services, as appropriate. The contractor shall report all special status species observations in the project area to the California Natural Diversity Database (CNDDB) as appropriate and shall notify Reclamation prior to such reporting.
Deliverables: Please submit electronically, in Microsoft Word, with CNDDB reports in the appropriate electronic format.
- Meeting agenda: Final due 3 days prior to meeting
- Presentations: Final due 3 days prior to meeting
- Meeting minutes: Draft due 3 days after meeting, Final due 3 days after Reclamation comments
- Species observations reports to the CNDDB within 1 month of observation
3.2 Pre-Construction Surveys
The contractor shall survey prior to construction for special status species and habitats as described in Attachment A. The contractor shall coordinate with Reclamation prior to surveys and field visits. Reclamation and/or other federal and/or state agency staff shall be allowed to participate in the surveys or field visits at Reclamation’s discretion. Species include but are not limited to those listed above. All pre-construction surveys shall be conducted by qualified biologists approved by the appropriate agency in accordance with the latest USFWS, CDFW, or NMFS guidance, as specified in Attachment A.
Deliverables: Please submit electronically, in Microsoft Word, with the exception of resumes, which may be provided by pdf, and email deliverables as noted below.
- Resumes of all pre-construction survey biologists due within 1 month of award
- Draft pre-construction survey plan, due within three months of construction mobilization, Final pre-construction survey plan due within two months of construction mobilization
- Updated pre-construction survey schedule: due bi-weekly until all surveys complete
- Written documentation via email of any special-status species findings due the day of the species observation
- Written summary via email of survey results within 2 days of each pre-construction survey completion
3.3 Buffers, Exclusions, and Species Relocations
The contractor shall be responsible for the following as needed: installing and maintaining fencing and/or flagging non-disturbance buffer areas for all special status habitats and species;
developing special status species exclusion plans and installing and maintaining exclusions such as fencing, one-way exit doors, and other means to exclude special status wildlife as needed from project areas; and developing and implementing species relocation plans as needed, to include fish rescue for dewatered construction areas; as described in Attachment A. The contractor shall be responsible for removal of all buffers and exclusions following completion of construction activities during the period of performance (POP) described in Section 5.
Deliverables: Please submit electronically, in Microsoft Word, with the exception of resumes, which may be provided by pdf, and email deliverables as noted below.
- Resumes of buffer, exclusion, or relocation plan preparers to Reclamation within one month of award
- Draft buffer, exclusion, or relocation plan, as needed, due within three months of implementation, Final buffer, exclusion, or relocation plan due within two months of implementation
- Updated buffer, exclusion, or relocation schedule: due bi-weekly until complete
- Written documentation via email of any special-status species findings due the day of the species observation
- Written summary via email of buffers, exclusions and/or relocation completion within 2 days of each task
- Written summary via email of inspections of buffers and exclusions during construction that includes any maintenance needed to maintain efficacy of the buffer or exclusion due once every month following installation
- Written summary via email of buffer or exclusion maintenance actions completed in the following month’s inspection summary
- Written documentation via email of removal of buffers and exclusions for construction activities completed during the POP described in Section 5 below, due within 30 days of removal.
3.4 Worker Environmental Awareness Training
The contractor shall be responsible for developing and performing WEAT, as described in Attachment A. WEAT shall be provided in person for all construction staff on site upon mobilization. The contractor shall prepare and submit to Reclamation a sign-in sheet documenting construction staff attending the training. The contractor shall record training and provide to Reclamation to train additional construction staff as they come on site.
Deliverables: Please submit electronically, in Microsoft Word, with the exception of resumes and sign in sheet, which may be submitted as pdf.
- Resumes of WEAT trainers, explaining special status species and habitat training experience due within one month of award
- Draft WEAT training materials for the special status species as applicable to the project site, as confirmed by Reclamation, due 2 months after award or no more than one month before construction mobilization; Final WEAT training materials due 3 months after award or no more than 2 weeks before construction mobilization
- WEAT training sign-in sheet due no more than 5 days following training
3.5 Monitoring During Construction
The contractor shall be responsible for monitoring as required during construction as described in Attachments A, B and C.
Deliverables: Please submit electronically, in Microsoft Word, with the exception of resumes, which may be provided by pdf, and email deliverables as noted below.
- Resumes of all biological monitors documenting special status species and wetland survey and monitoring experience due within 1 month of award
- Written documentation via email or notification via phone call of any special-status species observations and steps taken to notify Reclamation on-site construction representative due at the time of the species observation
- Summary of biological monitoring activities in accordance with Attachments A and C due monthly following start of construction, as required
- Surface water quality monitoring reports in accordance with Attachments A and B, due bi-weekly during in-water work, allowing for time for Reclamation to review and submit to the RWQCB in accordance with Attachment B
3.6 Construction SWPPP QSP Services
The contractor shall be responsible for completing inspection and reporting, as needed, of all construction SWPPP inspections as a QSP, adhering to all SWPPP Risk Level 1 requirements in accordance with the California Construction General Permit (CGP). The construction contractors shall be responsible for any SWPPP development and implementation work, while completion of QSP inspection and reporting tasks shall be the responsibility of the contractor implementing this PWS. The contractor shall have registered QSPs performing inspection services and coordinating with the construction contractor, via Reclamation’s onsite construction representative, to ensure the SWPPP is implemented as permitted by the Regional Water Quality Control Board. The contractor shall attend construction meetings as needed to discuss SWPPP related issues.
Deliverables: Please submit electronically, in Microsoft Word, with the exception of resumes, which may be provided by pdf, and email deliverables as noted below.
- Resumes documenting active licenses of all QSPs intending to conduct inspections due within 1 month of award; documentation of renewed licenses, as required by the CGP, is due prior to license expiration date
- Written documentation via email of any improper best management practice (BMP) installations or noncompliance with the active SWPPP to both Reclamation and the construction contractor due within 1 day of the observation
- Reports documenting inspections consistent with the project’s Risk Level 1 under the CGP due quarterly during active construction
- Pre-construction site condition documentation due no more than 30 days before initial ground disturbance
- Post-construction site closeout documentation due no more than 30 days after construction completion and demobilization occurring during the POP described below in Section 5
4.0 PERSONNEL QUALIFICATIONS
All pre-construction surveyors; buffer, exclusion, and relocation plan preparers; WEAT trainers;
and QSPs shall provide resumes to Reclamation documenting qualifications as applicable and as described in the sections above and in attachment A.
5.0 PERIOD OF PERFORMANCE
Tasks implemented under this contract shall be performed from August 1, 2025 until July 31, 2030, or within five years from date of award if all options are exercised.
6.0 GOVERNMENT-FURNISHED EQUIPMENT (GFE) AND MATERIALS
6.1 Government Furnished Equipment
No equipment shall be furnished by the government.
6.2 Government Furnished Materials
No materials shall be furnished by the government.
7.0 REGULATIONS/POLICIES
The contractor shall implement tasks in accordance with the environmental commitments as described in Attachment A.
8.0 TRAVEL
The Contractor should utilize the applicable government rates available on www.gsa.gov and incorporate travel expenses into the total quote amount.
9.0 DELIVERABLES
TASK DELIVERABLE DUE DELIVER TO
3.1 Meeting Agenda 3 days prior to meeting 1 electronic copy to COR
3.1 Meeting Presentation 3 days prior to meeting 1 electronic copy to COR
3.1 Draft Meeting Minutes 3 days after meeting 1 electronic copy to COR
3.1 Final Meeting Minutes 3 days after comments 1 electronic copy to COR
3.1 Special-Status Species
Reports 1 month of observed 1 electronic copy to COR; 1 copy as required to CNDDB
3.2 Resumes of all pre-
construction survey biologists
1 month of award 1 electronic copy to COR
3.2 Draft pre-construction
survey plan
3 months prior to construction mobilization
1 electronic copy to COR
3.2 Final pre-construction
survey plan
2 months prior to construction mobilization
1 electronic copy to COR
TASK DELIVERABLE DUE DELIVER TO
3.2 Updated pre-construction
survey schedule
Bi-weekly until all surveys complete
1 electronic copy to COR
3.2 Written documentation of
special status species observation
Day of observation Email to COR
3.2 Pre-construction survey
summary report
2 days after survey completion
Email to COR
3.3 Resumes of buffer, exclusion, or relocation plan preparers
1 month after award 1 electronic copy to COR
3.3 Draft buffer, exclusion, or relocation plan
3 months prior to implementation
1 electronic copy to COR
3.3 Final buffer, exclusion, or
relocation plan
2 months prior to implementation
1 electronic copy to COR
3.3 Updated buffer, exclusion, or relocation schedule
Bi-weekly until implemented
Email to COR
3.3 Written documentation of
special status species observation
Day of observation 1 electronic copy to COR
3.3 Summary of buffer, exclusion, or relocation task completed
Within 2 days of implementation
Email to COR
3.3 Summary of inspection of
buffers and exclusions
Monthly Email to COR
3.3 Summary of buffer and
exclusion maintenance tasks
Include in monthly report following implementation
Email to COR
3.3 Documentation of buffer
and exclusion removal following completion of construction during POP for this contract
30 days following implementation
Email to COR
3.4 Resumes of WEAT
trainers
1 month after award 1 electronic copy to COR
TASK DELIVERABLE DUE DELIVER TO
3.4 Draft WEAT Training
Materials
2 months after award, no more than 1 month before construction mobilization
1 electronic copy to COR
3.4 Final WEAT Training
Materials
3 months after award, no more than 2 weeks before construction mobilization
1 electronic copy to COR
3.4 Documentation of WEAT
training
5 days after training Email to COR
3.5 Resumes of biological
monitors
1 month after award 1 electronic copy to COR
3.5 Documentation of special
status species observance
At time of observance Notify Reclamation onsite construction representative and email or phone call to
COR
3.5 Biological monitoring
summaries
Monthly 1 electronic copy to COR
3.5 Surface water quality
monitoring reports
Bi-weekly during in-water construction activity
1 electronic copy to COR
3.6 Resumes of all QSPs and
active licenses and license renewals as required
1 month after award;
renewals as required
1 electronic copy to COR
3.6 Documentation of BMP
Issues
Within 1 day of observation
Email to COR, Reclamation onsite construction representative and construction contractor
3.6 Inspections As required by the CGP
(quarterly)
1 electronic copy to COR
3.6 Documentation of pre-
construction site conditions
30 days prior to initial ground disturbance
1 electronic copy to COR
3.6 Documentation of post-
construction site conditions
30 days after construction completion and demobilization during POP
1 electronic copy to COR
10.0 QUALITY
10.1 Performance-Based Contracting
The Quality Assurance Surveillance Plan is one evaluation method the government uses to perform surveillance to determine whether the Contractor meets the standards of performance as defined in the PWS. The absence of a QASP for any contract requirement, however, shall not detract from its enforceability or limit the rights or remedies of the government under any other provision of the contract in determining the quality of the Contractor performance.
Task Performance Objective Method of Surveillance
(Quality Assurance)
Standard to be Met/Allowable Deviation
3.1 Government concerns addressed
in each set of final meeting agenda, presentation, and minutes
Observation by
COR
Less than 2 errors per final document
3.2 On-time delivery of pre-
construction survey plans, results, and reports.
COR
monitoring
No more than 2 overdue occurrences of more than 2 working days without prior communication per year, and zero delays resulting in task order expiration or extension (modification) resulting in a negative impact to the Government.
3.3 Government concerns addressed
in each set of final buffer, exclusion, and relocation plans
COR
monitoring
Less than 2 errors per final document
3.3 No complaints from wildlife
agencies to Reclamation about species buffers, exclusions, or relocation practices
COR
observation
No more than 2 complaints received. Complaints addressed in a timely manner.
3.4 Government concerns addressed
in final set of Workers Awareness Training materials
COR
monitoring
Less than 2 errors per final training material
3.5 No complaints from wildlife
agencies to Reclamation about biological monitoring practices
COR
observation
No more than 2 complaints received. Complaints addressed in a timely manner
3.6 SWPPP reporting, pre-construction and post-construction documentation
COR
monitoring
Less than 2 errors per final document
11.0 POINTS OF CONTACTS (POC)
To be completed at time of award.
12.0 REFERENCES
Number Title and Edition Date Location
1 San Joaquin River Settlement 2006 restoresjr.net/?wpfb_ dl=9
2 San Joaquin River Settlement Act 2009 PUBLIC LAW 111–
11—MAR. 30, 2009
3 SJRRP Programmatic EIS/R and ROD 2012 Bureau of Reclamation
4 Arroyo Project Supplemental Environmental Assessment
2025 Bureau of Reclamation
5 2B Project EIS/R and Record of Decision 2016 Bureau of Reclamation
6 Government travel rates 2025 www.gsa.gov https://www.restoresjr.net/?wpfb_dl=9 https://www.restoresjr.net/?wpfb_dl=9 https://www.restoresjr.net/?wpfb_dl=1273 https://www.restoresjr.net/?wpfb_dl=1273 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=2940 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=2940 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=55520 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=55520 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=4032 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=4032 http://www.gsa.gov/
SECTION C – COMMERCIAL CLAUSES
System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services.
Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
52.252-2 Clauses Incorporated by Reference FEB 1998
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://acquisition.gov/diar
The following clauses are hereby incorporated by reference:
Clauses Title Date 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services NOV 2023 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 52.242-13 Bankruptcy JUL 1995 52.228-5 Insurance-Work on a Government Installation JAN 1997 52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984 52.242-17 Government Delay of Work APR 1984
52.217-8 OPTION TO EXTEND SERVICES NOV 1999
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.
(End of clause) https://www.acquisition.gov/far https://acquisition.gov/diar
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
(End of clause)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services
JAN 2025
(DEVIATION
FEB 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L.
115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar
2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.
3509)).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X](4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C.
4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900 (a).
[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.109-282) (31 U.S.C. 6101 note).
[ ] (6) [Reserved].
[X] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[X] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)
[ ] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II).
[ ] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(Dec 2023) (Pub. L. 115–390, title II).
[ ](ii) Alternate I (Dec 2023) of 52.204–30.
[X] (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment. (Jan 2025) (31 U.S.C.
6101 note).
[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[ ] (14) [Reserved]
[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ](17) [Reserved] [X] (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.
644). [ ] (ii) Alternate I (Mar 2020) of 52.219-6.
https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900 https://www.govinfo.gov/link/plaw/115/public/390
[ ] (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C.
644). [ ] (ii) Alternate I (Mar 2020) of 52.219-7.
[X](20) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)).
[ ] (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (Nov 2016) of 52.219-9.
[ ] (iii) Alternate II (Nov 2016) of 52.219-9.
[ ] (iv) Alternate III (Jun 2020) of 52.219-9.
[ ] (v) Alternate IV (Jan 2025) of 52.219-9
[_] (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-13.
[X](23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C.
637(a)(14))(Deviation OCT 2022).
[_] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637 (d)(4)(F)(i)).
[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
[X] (26) (i) 52.219-28, Post Award Small Business Program Representation (Jan 2025) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-28.
[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Oct 2022) (15 U.S.C.
637(m)).
[X] (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
[ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637 (a)(17)).
[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2025) (E.O.13126).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[X] (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (Jul 2014) of 52.222-35.
[X] (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (Jul 2014) of 52.222-36.
[X] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
[X] (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter
78 and E.O. 13627).
[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.
13627).
[X] (40) 52.222-54, Employment Eligibility Verification (Jan 2025). (Executive Order
12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)
[ ] (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off- the-shelf items.)
[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671).
[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671).
[ ] (44) (i) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671).
[ ] (45) (i) 52.223-21, Foams (May 2024) (42 U.S.C. 7671).
[X] (46) 52.223-23, Sustainable Products and Services (May 2024) [(DEVIATION FEB 2025)](7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671)
[ ] (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
[ ] (ii) Alternate I (Jan 2017) of 52.224-3.
[_] (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
[ ] (ii) Alternate I (Oct 2022) of 52.225-1
[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108- 78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112- 43.
[ ] (ii) Alternate I [Reserved].
[ ] (iii) Alternate II (Jan 2025) of 52.225-3.
[ ] (iv) Alternate III (Feb 2024) of 52.225-3.
[ ] (v) Alternate IV (Oct 2022) of 52.225-3
[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note)
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).
[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
[X] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and
Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial
Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).
[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[ ] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[ ] (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901).
[ ] (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.
637(d)(13)).
[ ] (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[_] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
[_] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.
206 and 41 U.S.C. chapter 67).
[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
[X] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
[ ] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) (49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C.
3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115- 91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(Dec 2023) (Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption…
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