Sol_140R2025Q0038.pdf

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05/15/2025 1500 PD

05/01/2025

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

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R2025Q0038

5. SOLICITATION NUMBER

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

1 69 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

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Sacramento CA 95825-1898 2800 Cottage Way, Room E-1815 Division of Acquisition Services Regional Office Mid-Pacific Region

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2. CONTRACT NO.

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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 Livingston Stone National Fish Hatchery (LSNFH) Infrastructure Review & Alternatives Analysis

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HEREIN, IS ACCEPTED AS TO ITEMS:

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SEE THE FOLLOWING COMBINED SYNOPSIS/SOLICITATION

DOCUMENT

DIRECT ALL QUESTIONS TO STEVEN TEVES AT

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69 2 of

140R2025Q0038 LSNFH Infrastructure Review

& Alternatives Analysis

Solicitation # 140R2025Q0038

COMBINED SYNOPSIS/SOLICITATION

Livingston Stone National Fish Hatchery (LSNFH)

Infrastructure Review & Alternatives Analysis

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 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 140R2025Q0038 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03 (01/17/2025).

GENERAL INFORMATION

RFQ Number: 140R2025Q0038

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

North American Industry Classification Code

(NAICS): 541330

Size

Standard: $25.5 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 15, 2025

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 08, 2025 @ 10:00 a.m. PDT.

mailto:steves@usbr.gov

QUOTER INFORMATION:

Business Name: _______________________________

SAM Unique ID or Cage Code: ______________________

QUOTE PRICING SCHEDULE:

CLIN Description Unit Amount

Livingston Fish Hatchery

Infrastructure Review and

Alternatives Analysis

AU

GRAND TOTAL: $________________

If FAR 52.217-8 is exercised, the prices for the Option to Extend Service’s term will be calculated based on the prorated term and prices that are in effect at the time the option is exercised. This shall be applied to the appropriate task list price(s) that need to be extended.

All prices submitted in the task list pricing attachment will be firm-fixed priced throughout the duration of the contract.

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

Refer to Provision 52.212-1 Addendum, Quote Submittal Instructions (page 39-40), for further instructions.

Documents necessary for quote submission are as follows:

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

2. Completed Task List Pricing Attachment (see Attachments, page 38)

3. Technical Approach document (see evaluation criteria at 52.212-2, page 41)

4. Key Personnel document (see evaluation criteria at 52.212-2, page 41)

5. Prior Experience document (see evaluation criteria at 52.212-2, page 41)

*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.

*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.

Authorized Agent’s Signature/Date:_______________________________________________

PERFORMANCE WORK STATEMENT

1.0 SCOPE

Acquire professional services for evaluation of an additional site location for a new Livingston

Stone National Fish Hatchery (LSNFH) and infrastructure necessary to support the new location.

The new facility parameters are identified in the LSNFH Infrastructure Review and Alternative

Analysis report and shall be utilized for this additional evaluation. The location to be evaluated is immediately west of the existing Shasta Dam Maintenance Center yard. The final report shall include an alternatives analysis to include those identified in the LSNFH Infrastructure Review and Alternative Analysis report and the additional site followed by a recommendation for the preferred alternative.

2.0 BACKGROUND

LSNFH was constructed as a propagation and rearing facility for the conservation of Endangered

Species Act (ESA) listed endangered winter run Chinook Salmon Oncorhynchus tshawaytscha

(winter run). The Bureau of Reclamation (Reclamation), constructed the LSNFH under the authority of the Reclamation Act of 1902, as amended, the Central Valley Project Authority

1937, as amended, the Fish and Wildlife Coordination Act of 1934, Public Law 85-624, 16

U.S.C. 661 et seq., as amended, and Section 7(a) of the Fish and Wildlife Coordination Act

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

Service (Service) and Reclamation provides 100% of the funding to support the operations, maintenance, water, and power of this facility. LSNFH is considered a substation of the

Coleman project, of which Coleman National Fish Hatchery is the main component. The Service holds the responsibility for operations and maintenance of the grounds and infrastructure of the

LSNFH.

LSNFH was constructed in 1997 as a temporary facility for winter run conservation, after years of declining population. LSNFH is located on a thin strip of land directly below Shasta Dam, on the north bank of the Sacramento River. The location of LSNFH promotes imprinting of the water source upstream of Keswick Dam (i.e. mainstem Sacramento River, without Trinity River diversion influence), where nearly all historic winter run spawning habitats were located.

LSNFH requires infrastructure improvements and modernizations to ensure the future of the winter run as well as meeting increased production goals.

Based on the facility’s thresholds of brood collection and typical rates of pre-spawn mortality, the historical standard annual production of winter run at LSNFH is between 200,000 and

250,000. LSNFH also produces winter run for the Battle Creek “jumpstart” program and, in the future, for the Battle Creek winter-run Chinook Salmon Reintroduction Project. The hatchery’s annual production of winter run for Battle Creek is approximately 200,000 to 250,000 smolts.

The hatchery maintains a population of captive broodstock to supplement the Battle Creek population. LSNFH is also used to maintain a refugial population of the ESA listed Delta Smelt.

The Delta Smelt propagated at LSNFH function as a backup to a genetic refugial population reared at the University of California, Davis’s Fish Conservation and Culture Lab (FCCL).

LSNFH holds many multi-family groups (up to 35), with approximately 200 individuals from each group.

Since 2014, hatchery production targets for winter run have been doubled for six of ten years to mitigate for the expectation that water temperatures would become inhospitable to natural reproduction in the Sacramento River. This operational scheme is a deviation from the traditional role of the hatchery in mitigating for habitat losses upstream of Shasta Dam, and the hatchery is now seen as an integral and critically important facility to help mitigate for ongoing operations of the CVP. The expanded production has exceeded 700,000 and could reach up to rearing

1,000,000 juveniles in future years. LSNFH requires infrastructure improvements and modernizations to ensure the future of the winter run as well as meeting the increased production goals.

2.1 INFRASTRUCTURE REVIEW AND ALTERNATIVES ANALYSIS

LSNFH facilities need significant infrastructure improvements to ensure facility’s operational resiliency and flexibility. An Infrastructure Review and Alternatives Analysis for the future

LSNFH Modernization was prepared to identify possible solutions and address these concerns.

Three alternatives were presented: Incremental improvement of the existing hatchery in the existing location, new construction at the existing location, and new construction at a new location. In this report, the new location was selected as the preferred alternative. The report listed the preferred alternative as relocate the facility to the Shasta Maintenance Center Yard, however that location was subsequently discovered to have hazardous material challenges.

2.2 VALUE PLANNING STUDY

A Value Planning (VP) Study was also performed to add value while sustaining project objectives and function. A VP Study is what occurs at the conceptual/schematic/planning stage of project development and considers project scope, need, and alternatives. A VP Study considers all imaginable solutions and alternatives available to meet the need and attempts to arrive at a preferred alternative. The VP study improves scope, definition, guidelines, and principles for future development. The VP Study that was prepared for the project considered alternatives that fulfill the project objectives correlated to the infrastructure review and alternative analysis objectives.

These documents were intended to inform and guide design efforts on the project. After consideration of the information in the two documents, it was determined that further analysis is needed to explore an additional potential new location. The additional analysis is intended to help Reclamation leadership select a plan for LSNFH Modernization.

3.0 TYPE OF CONTRACT

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

4.0 PERIOD OF PERFORMANCE

Period Start Date Completion Date

Contract Award Date Award Date plus 4 months

Deliverable Schedule

1. Review Literature Award Date + 1 month

2. Complete Site Visit Award Date + 1 month

3. Formulate Alternative in New Location Draft Award Date + 2 months

4. Evaluation Draft Award Date + 3 months

5. Draft Award Date + 3 months

6. Final Project Report Award Date + 4 months

5.0 PLACE OF PERFORMANCE

Shasta Dam Maintenance Center

16349 Shasta Dam Blvd.

Shasta Lake, CA 96019

6.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES

The property being studied is owned by the U.S. Bureau of Reclamation. Access to the site will be along Walker Mine Road through the Maintenance Center.

7.0 ADMINISTRATIVE INFORMATION

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

Holidays:

New Year’s Day

Martin Luther King Jr.’s Birthday

President’s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Eve/Christmas Day

Juneteenth National Independence Day

8.0 TASKS

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

(a) Task 1 – Review the LSNFH Infrastructure Review and Alternatives report. Review the

VP Study which will be disclosed after award is made. The VP Study is considered a

Reclamation controlled unclassified information (CUI). The VP Study will only be released after the contractor signs a non-disclosure agreement (NDA) in accordance with

32 CFR Part 2002. Both the VP Study and NDA will be released to the contractor after award is made. Details of Reclamation’s CUI can be found in the Reclamation Manual

Directives and Standards, series SLE 02-01, at the following website:

https://www.usbr.gov/recman/DandS.html

(b) Task 2 – Complete a site visit to evaluate the additional proposed fish hatchery location.

(c) Task 3 – Formulate the alternative in the new location that includes infrastructure necessary to run the facility matching the parameters identified in Alternative C of the

Infrastructure Review and Alternatives Report. Infrastructure shall include conveyance of hatchery water from the existing LSNFH location, domestic water supply, wastewater disposal, and power supply.

(d) Task 4 - Assess potential risks, complications, or difficulties associated with locating a new fish hatchery matching the parameters identified in Alternative 3 from the LSNFH

Infrastructure Review and Alternatives report.

(e) Task 5 – Prepare cost estimate for construction of a new fish hatchery at the additional proposed location including infrastructure necessary to run the facility.

i. Provide a prioritized list of components, based on limited annual repair budgets.

ii. Estimate the short-term and long-term economic costs, in current year dollars, of each alternative identified.

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

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

v. Base work around continued fish production.

(f) Task 6 – Draft final report incorporating review comments and information from the prior five tasks.

9.0 DELIVERABLES AND REPORTING

https://www.usbr.gov/recman/DandS.html

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

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

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

10.0 KEY PERSONNEL

Contract Officer: See Award Document

Contract Officer’s Representative: See COR Designation Letter

Reclamation Technical Advisor: Bureau of Reclamation Fish Biologist

Reclamation Operations and Maintenance Branch Manager:

Bureau of Reclamation

Reclamation Operations and Maintenance Supervisor:

Bureau of Reclamation

Coleman Project Leader: US Fish and Wildlife Service

Coleman National Fish Hatchery

Hatchery Manager: US Fish and Wildlife Service

Livingston Stone National Fish Hatchery

11.0 PERFORMANCE REQUIREMENTS SUMMARY

Performance Requirement

Summary (PRS) Acceptable Quality Level Means of Measurement

Task 1 Review documentation:

- LSNFH Infrastructure

Review and Alternatives Report

- Value Planning Report (to be disclosed after award)

(a) Timeliness- Completion of all deliverables in accordance with deliverable schedule

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

Direct observation and documented review by the Government

Task 2 Complete site visit to new proposed location

(a) Timeliness – Completion of all deliverables in accordance with deliverable schedule

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

Direct observation and documented review by the Government

Task 3 Assess Risks of identified new alternative location

(a) Timeliness – Completion of all deliverables in accordance with deliverable schedule

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

Direct observation and documented review by the Government

Task 4 Prepare cost estimate for new alternative location

(a) Timeliness – Completion of all deliverables in accordance with deliverable schedule

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

Direct observation and documented review by the Government

Task 5 Estimate costs and prepare comparison of alternatives

(a) Timeliness – Completion of all deliverables in accordance with deliverable schedule

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

Direct observation and documented review by the Government

Task 6 Prepare final report (a) Timeliness – Completion of all deliverables in accordance with deliverable schedule

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

Direct observation and documented review by the Government

**END OF PERFORMANCE WORK STATEMENT**

CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2

(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

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 15 days.

(End of Clause)

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

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

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

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

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

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

Disputes clause of this contract.

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

COR.

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

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

DIAR 1452.237-70 INFORMATION COLLECTION – DEPARTMENT OF THE

INTERIOR (JUL 1996)

If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the

Contracting Officer written notification that approval has been obtained from the Office of

Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The

Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-

INVOICE PROCESSING PLATFORM (IPP) (FEB 2021)

Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the

IPP invoice:

When submitting invoices to IPP, the Contractor is advised to upload supporting documentation that will allow Reclamation to verify that the products or services comply with the terms of the contract. The information in the uploaded documents should not conflict with the data fields in the IPP submissions (service dates, invoice number, etc.).

Prior to submitting an invoice to IPP, the contractor may coordinate with the designated

Contracting Officer's Representative (COR), for review and verification of quantities for payment and for compliance with the applicable progress payment requirements of this contract. Prior coordination with the COR will allow for streamlined processing of the invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

https://www.ipp.gov/

Contractor assistance with enrollment can be obtained by contacting the IPP Production

Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

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

AND LIMITATIONS -- BUREAU OF RECLAMATION (MAY 2018)

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

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

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

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

(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.

(b) The Contractor will receive a copy of the written COR designation from the Contracting

Officer. It will specify the extent of the COR’s authority to act on behalf of the Contracting

Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the

Contracting Officer is authorized to determine if a change is within the scope of the contract;

therefore, the COR does not have the authority to, and may not, issue any technical direction that

(1) Constitutes a direction of additional work outside the Contract requirements;

(2) Constitutes a change as defined in the contract clause entitled “Changes;”

(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;

(4) Changes any of the expressed terms, conditions or specifications of the contract; or

(5) Interferes with the Contractors right to perform the terms and conditions of the contract.

(d) All technical direction shall be issued in writing by the COR.

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the mailto:ippgroup@bos.frb.org provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the

COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the

Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting

Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must –

(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the

Changes clause of the contract; or

(2) Advise the Contractor that the Government will issue a written change order.

(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”

WBR 1452.223-82 ENSURING ADEQUATE -19 SAFETY PROTOCOLS IN FEDERAL

BUILDINGS AND FEDERALLY CONTROLLED FACILITIES – BUREAU OF

RECLAMATION (NOV 2022)

When accessing Federal buildings and federally controlled facilities under this contract, contractor employees shall comply with the Safer Federal Workforce Task Force’s current guidance for COVID-19 workplace safety protocols for Federal agencies at https://www.saferfederalworkforce.gov/.

WBR 1452.223-81 SAFEY AND HEALTH – BUREAU OF RECLAMATION (AUG 2021)

(a) The Contractor shall not require any person employed in the performance of this contract

(including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's health or safety.

(b) Contractor shall comply with the most current version of the Bureau of Reclamation Safety and Health Standards (RSHS) and, if applicable, the requirements of the Accident Prevention

Clause (FAR 52.236-13).

The RSHS manual shall be obtained at: http://www.usbr.gov/ssle/safety/RSHS/rshs.html

(c) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR

Part 1910 from the Occupational Safety and Health Administration, U.S. Department of

Labor, www.osha.gov .

https://www.saferfederalworkforce.gov/ http://www.usbr.gov/ssle/safety/RSHS/rshs.html https://doimspp-my.sharepoint.com/personal/bcollins_usbr_gov/Documents/Microsoft%20Teams%20Chat%20Files/www.osha.gov

(d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, the more stringent requirement shall prevail.

(e) The Contractor shall submit a written proposed safety program as prescribed in the RSHS and the written specifications.

(f) The Contractor shall maintain an accurate record of and shall report to the Contracting Officer

(or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines.

(g) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

(h) If the RSHS is updated or amended by Reclamation during the course of this contract, the contractor will be notified in writing. The contractor shall comply with the current RSHS immediately upon written notification. Should the contractor feel that the updated version of

RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request an equitable adjustment in the contract price. Any such requests shall include a price proposal submitted in compliance with Contract Clause WBR 1452.243-80, Modification Proposals - Bureau of Reclamation, and in sufficient detail to allow meaningful analysis of labor, equipment and material.

WBR 1452.237-80 SECURITY REQUIREMENTS--BUREAU OF RECLAMATION

(MAR 2022)

(a) General Security Requirements:

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's

Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the contracting officer.