Sol_140R2026Q0008.pdf

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12/15/2025 1500 PS

11/19/2025

916-978-5445Sarah Rodrigues (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R2026Q0008

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68 2 of

Combined Synopsis/Solicitation

BUREAU OF RECLAMATION, INTERIOR REGION 10

SACRAMENTO, CALIFORNIA

140R2026Q0008

COMBINED SYNOPSIS/SOLICITATION

Northern California Area Office (NCAO) Cultural Resources Support for Trinity River Fish Hatchery (TRFH) Modernization

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 140R2026Q0008 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06.

GENERAL INFORMATION

RFQ Number: 140R2026Q0008

Request for Quotation

(RFQ)

Request for Proposal (RFP) Invitation for Bid

(IFB)

North American Industry Classification Code

(NAICS): 541620

Size Standard: $19 Million

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

Offer Due Date:

Offer Submission:

December 15, 2025 3:00 PM Pacific Time

By email to srodrigues@usbr.gov

Contact Information:

Sarah Rodrigues Email: srodrigues@usbr.gov

OFFEROR INFORMATION

Offeror’s Business Information:

Business Name: _______________________________

Business Size (select one): Small Large

UEI Number/Cage Code: ______________________

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

CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

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

00010 Mandatory Task 1 – National Register Inventory and Evaluation Study

Period of Performance (2/1/2026 - 1/31/2027)

12 MO $ $

00020 Mandatory Task 2 – Management Meetings

Period of Performance (2/1/2026 - 1/31/2027)

12 MO $ $

TOTAL INCLUDING ALL MANDATORY TASKS $

00030 Optional Task 3 – Provide NHPA Memorandum of Agreement Preparation Support

Period of Performance (2/1/2026 - 1/31/2027)

1 AU $ $

00040 Optional Task 4 – Provide deliverables in Support of the Treatment Plan

Period of Performance (2/1/2026 - 1/31/2027)

1 AU $ $

TOTAL INCLUDING ALL OPTIONAL TASKS $

GRAND TOTAL INCLUDING ALL MANDATORY TASKS AND

OPTIONAL TASKS

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

QUOTE/PRICING SCHEDULE

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

Authorized Agent’s Signature/Date: __________________________________

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

Documents necessary for quote submission are as follows:

1. Completed technical documentation to include, at a minimum, the following:

(i) Technical: Describe in as much detail as possible, your technical approach/understanding of the proposed work to provide the services described in the Performance Work Statement (PWS). Identify by name the key management and technical personnel including their proposed position on the project team and contribution toward accomplishing the work identified in the PWS. Include all qualifications and provide all relevant experience relating to the work requirements as listed in the PWS.

2. Completed and signed Pages 4 through 6 of this document.

3. Completed FAR Clause 52.212-3, Offeror’s Representations and Certifications

NOTE: The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via System for Award Management (SAM).

QUOTE VALID DATE

PERFORMANCE WORK STATEMENT

CULTURAL RESOURCES SUPPORT SERVICES FOR THE TRINITY RIVER FISH

HATCHERY INFRASTRUCTURE MODERNIZATION PROJECT

November 2025

1.0 BACKGROUND:

The United States Reclamation Service, established in 1902 (later renamed the Bureau of Reclamation), was based on the premise that irrigation could be used to convert, or reclaim, arid land in the American West for employment as productive agricultural holdings. In 1935 the Central Valley Project was authorized by congress to supply water to the Great Central Valley, where today it provides water for agriculture, municipal needs, and industry. Lewiston Dam is a part of the Central Valley Project; this dam is an earthfill structure located near Weaverville, California, on the Trinity River (Figure 1).

Construction was completed in 1963. With completion of the dam, anadromous fish were prevented from completing their ancestral travels to spawning beds above the structure. Trinity River Fish Hatchery (TRFH) was established at the same time to mitigate this barricade to the salmonid lifecycle. The TRFH was remodeled in the 1980s and additional improvements are necessary to achieve greater success in attaining its mission. The project under consideration is the modernization of the TRFH (Figure 2 and 3).

The objective of this contract is to provide Reclamation with cultural resources inventory and evaluation support for the project. Two cultural resources are known within the project area of potential effect (APE), the Lewiston Dam and Powerhouse (Lewiston Dam) and the TRFH. Lewiston Dam has been determined eligible for listing in the National Register of Historic Places (National Register) with State Historic Preservation Officer (SHPO) concurrence. The TRFH has been determined not eligible for the National Register, also with SHPO concurrence, but additional features of the TRFH may be present that were not considered in the previous determination.

In anticipation of the project, Reclamation plans to contract a Cultural Resources Management (CRM) firm (herein referred to as “Contractor”) to complete a National Historic Preservation Act (NHPA) compliant cultural resources inventory report, with National Register eligibility evaluation of historic properties located within the project APE, and finding of effects analysis of said historic properties.

Reclamation will supply a draft document with initial research as discussed below.

Figure 1. Trinity River Fish Hatchery Infrastructure Modernization Project: Location

Figure 2. Trinity River Fish Hatchery Infrastructure Modernization Project: Area of Potential Effects

Figure 3. Trinity River Fish Hatchery Infrastructure Modernization Project: Hatchery Complex Features

2.0 SCOPE/TASKS:

Obtain Contractor(s) services with expertise in CRM for cultural resources related to irrigation, agricultural, and governmental buildings and structures. All cultural resources performed by Contractor(s) must be consistent with Reclamation’s Cultural Resources Management Policy (LND P01) and Cultural Resources Management Directives and Standards (LND 02-01). The following services would be performed by the Contractor(s):

2.1 Mandatory Task 1 - National Register Inventory and Evaluation Study Reclamation had initiated Inventory and Evaluation with Finding of Effects reporting prior to departure of key staff. This task consists of assisting Reclamation with completing the study for the project.

Contractor shall provide an architectural historian who meets the Secretary of the Interior standards for that discipline (as described in Appendix A of 36 CFR Part 61) to review and complete evaluation of cultural resources within the project APE, and present finding of effects documentation. Level of documentation will need to support recommendation of findings to be used in SHPO consultation.

Additional tasks may also be required as discussed in Optional Task 3 and 4 below (2.3 and 2.4).

2.1.1 Update Inventory of Built Environment Resources

The Contractor will conduct a site visit to the project APE and perform necessary inventory assessments to augment documentation of resources within the APE. Reclamation is aware the 2010 recordation of the TRFH did not include the approach road that allows access to the facility. At a minimum, this feature of the complex should be documented as an update to the existing California State Parks DPR523 forms for this resource. The Contractor may encounter other features that require updating. Additionally, the Contractor should assess whether updated reporting is necessary for the Lewiston Dam recordation.

2.1.2 Conduct National Register Evaluation and Finding of Effects The Contractor will review existing National Register evaluations and provide supplemental documentation or updates as required. Research, data collection, and documentation is to be sufficient to recommend eligibility status when applying the National Register criteria (36 CFR Part 63).

Additionally, the Contractor will prepare a Finding of Effects analysis, discussing project effects to all existing or recommended historic properties which will be included in the draft reporting (as defined in 36 CFR Part 800.16(l)(1)).

2.1.3 Reporting

The Contractor will prepare a draft and final report from initial draft provided by Reclamation.

Contractor will expand this document to include evaluations of built environment resources within the APE and Findings of Effects of historic properties within the APE. Draft and final reports may include clearly defined maps, tables, graphics, and high-quality photos, as appropriate, and shall be professionally edited for content and clarity. All maps, graphics, and photos will need to be free of copyright issues. Reclamation will request to receive the appropriate GIS shapefiles or kmz files for resources.

2.1.4 Geospatial Data

If geospatial data is generated for the project, the Contractor shall provide these files to Reclamation prior to completion of the contract.

The preferred format for vector data submitted to the Reclamation is Esri ArcGIS Pro file format.

Other vector data formats (e.g., Google Earth .kmz files) may also be acceptable but must be approved by Reclamation in advance. All deliverable spatial data shall be in the Universal Transverse Mercator (UTM) coordinate system (UTM Zone 10N) and referenced to North American Datum 1983 (NAD83).

Horizontal units should be provided in meters, while vertical units (if employed) should be in US feet.

Geospatial data deliverables will be delivered preferably as individual shapefiles (packaged via WinZip as a .zip file) but may be delivered as an Esri geodatabase (.gdb).

2.2 Mandatory Task 2 - Management Meetings

The Contractor will attend regular meetings (web-based) with Reclamation staff (Project Managers, Cultural Resources Manager, others as needed) on a regular basis through the length of the contract to provide updates to Reclamation and have an opportunity for feedback or coordination to support productive communication on the project tasks. Meeting schedule and duration to be determined but are anticipated to occur every 2-6 weeks with approximately ½-hour duration.

It is required that the contractor works with Reclamation and the TRH Modernization team to fulfill the Cultural Resources Inventory and Evaluation (and potentially Optional Tasks 3-4) and related Federal obligations under the National Historic Preservation Act (NHPA), and support overall compliance with the National Environmental Policy Act (NEPA) including, but not limited to environmental and cultural resources permits and documentation, where appropriate.

2.3 Optional Task 3 - Provide NHPA Memorandum of Agreement Preparation Support

Should an Adverse Effects determination be made for the project, Reclamation will seek a Memorandum of Agreement (MOA) document to achieve NHPA compliance, as outlined in 36 CFR Part 800.6. With this task, the Contractor will assist in preparation of details within the MOA, including providing expertise on appropriate treatment measures. The Contractor will assist the preparation of the MOA through coordination meetings and preparation and/or review of MOA.

2.4 Optional Task 4 - Provide deliverables in Support of the Treatment Plan

Should an Adverse Effects determination be made for the project, the MOA will outline needed deliverables, such as HAER-level (Historic American Engineering Record) documentation of adversely affected Historic Properties, interpretive panels, or website development. The deliverables will be submitted to Reclamation as draft for review and the Contractor will address comments and produce a final deliverable.

3.0 TYPE OF CONTRACT

The Government intends to award a Firm-Fixed Price (FFP) contract for services.

4.0 PERIOD OF PERFORMANCE

The period of performance for this contract shall be for twelve (12) months. The period of performance shall read as follows:

February 1, 2026 through January 31, 2027

5.0 ADMINSTRATIVE INFORMATION

5.1.1 Adequate Staffing

The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS at all times. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

5.1.2 Place of Performance

The work described under this contract will be performed at Contractor’s facilities and field locations (i.e., Trinity River Fish Hatchery 1000 Hatchery Road, Lewiston, CA 96052), including relevant libraries, archives, etc.

6.0 QUALIFICATIONS

The Contractor(s) shall have expertise in Federal cultural resources laws and regulations, such as Section 106 of the NHPA and its implementing regulations at 36 Code of Federal Regulations (CFR) Part 800, as well as extensive experience related to Northern California architectural history and history. The Contractor shall ensure that supervisory personnel and work products associated with this contract meet the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation.

7.0 GOVERNMENT-FURNISHED MATERIALS (GFM):

7.1 Government Furnished Materials (to be provided to the contractor post-award)

• Records Search performed at the Northeast Information Center of the California Historical Resources Information System, including DPR 523 forms for Lewiston Dam, TRFH, and other resources in the vicinity.

• Draft report, including initial project and APE descriptions, background contexts, archaeological survey methods and results, and findings of a desktop buried site analysis.

• Copies of previous SHPO correspondence

• Locations of or some limited copies of archival materials that can be used for research.

Reclamation will also help facilitate entry into Interior Region 10, California-Great Basin regional library, if needed.

8.0 DELIVERABLES:

8.1 MONTHLY REPORTS

8.1.1 Monthly progress reports via email.

8.2 DRAFT REPORT

8.2.1 Draft reports and/or other documents (e.g., notes, maps, photographs, etc.). Should be delivered to Reclamation in the following formats: two (2) hard copies of report, one (1) electronic copy of report; other support documents TBD.

8.2.2 Notes, maps, photographs, and other supporting documentation

8.2 FINAL REPORT

8.3.1 Final reports and/or other documents (e.g., notes, maps, photographs, etc.). Should be delivered to Reclamation in the following formats: three (3) hard copies of report, one (1) electronic copy of report, GIS data files, notes, other

8.3.2 Notes, maps, photographs, and other supporting documentation

Table 1. Schedule of Deliverables

Paragraph Deliverable Due Date Delivery

2.1.1 Update Inventory of Built Environment Resources

5 months after award Provided as California State Parks DPR523 forms

2.1.3 Inventory, Evaluation and Finding of Effects Report

5 months after award

Format provided by Reclamation as a partially prepared report;

archaeological and buried site analysis methods/results to be retained; built environment inventory/evaluations/findings of effects sections to be expanded/completed

2.1.4 Digital data 12 months after award Must be received prior to contract close-out.

2.2 Management Meetings Monthly Web-based monthly meetings

2.3 (Optional)

NHPA MOA 8 months after award TBD between Reclamation and Contractor after award of Optional Task

2.4

(Optional)

Provide deliverables in Support of the MOA 8 months after award

TBD between Reclamation and Contractor after award of

Optional Task

8.1.1 Progress Reports Monthly (every four

weeks)

Via email to Reclamation Project Team and with invoicing

8.2.1 Draft report(s) and/or

other documents

1 month prior to final reports due date TBD

8.2.2 Maps, photographs, notes, and associated records

10 months after award TBD; must be received prior to contract close-out.

8.3.1 Final report(s) and/or

other documents 12 months after award

Acceptance by Reclamation will be in writing (via email or letter).

8.3.2 Maps, photographs, notes, and associated records

12 months after award TBD; must be received prior to contract close-out.

9.0 SECURITY

Contractor produced and Government furnished information related to this Contract is designated “Official Use Only — SENSITIVE (EOUO/SENSITIVE)” or “Controlled Unclassified Information” (CUI). Section C13 of the contract provides information on the security procedures required in handling information in this sensitive category. The Contractor shall supply Reclamation with the legal names of all employees who will be working under this contract. Reclamation reserves the right to perform security checks on such employees. If, in the judgment of Reclamation, any employee fails to meet minimum security requirements or proves to be detrimental to the security of Reclamation facilities, the Contractor, upon request, shall remove such employee from any work under this contract.

10.0 TRAINING

The Contractor is responsible for all training for its employees except when training can only be provided by Reclamation. Requests for training by exception must be provided to and approved by the Contracting Officer (CO) prior to the Government conducting training. The Contractor shall sign a Hold Harmless Release for any training provided by the Government.

11.0 PERFORMANCE ASSESSMENT AND DISINCENTIVES

a) Monitoring Performance: During the course of the evaluation period, the COR will track the

Contractor’s performance. Interim (mid-term) evaluations may be provided to identify strengths and weaknesses in the Contractor's performance during the period being evaluated. At the end of the period, the COR will assess the Contractor's performance in accordance with the Quality Assurance Surveillance Plan (QASP) and report to the Contracting Officer.

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

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

d) Payment Determination: The Contracting Officer may meet with the COR to discuss the COR's report. The Contracting Officer will make a final determination in writing as to the percentage of work successfully completed and the resulting payment to be made. A copy of the determination will be provided to the Contractor no later than forty-five (45) calendar days after the end of the period being evaluated. All Contracting Officer decisions regarding Disincentives are unilateral decisions made solely at the discretion of the Government.

e) Deduction: Notwithstanding any other clause of this contract, deduction of the disincentive will be made within of sixty (60) calendar days after the end of the evaluation period or thirty (30) calendar days after receipt of an approved invoice.

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

12.0 PERFORMANCE REQUIREMENTS SUMMARY AND QUALITY CONTROL

SURVEILLANCE PLAN

Table 2. Quality Control and Assurance

Performance Requirement

Performance Objective Performance Goal

National Register Inventory and Evaluation Study Timeliness and Quality

Regulatory and policy compliance.

Documentation will need to meet the standards and support recommendation of findings used in SHPO consultation.

Completed within project timeline.

Periodic observation and documented review by the Government.

Update Inventory of Built Environment Resources Timeliness and Quality

Surveys and documents will meet standards of SHPO consultation.

Completed within project timeline.

Periodic observation and documented review by the Government.

Conduct National Register Evaluation and Finding of Effect Timeliness and Quality

Research, data collection, and documentation is to be sufficient to recommend eligibility status when applying the National Register criteria (36 CFR Part 63). Completed within project timeline.

Periodic observation and documented review by the Government.

Reporting on Cultural Resources Timeliness and Quality

Documents, maps, figures, and photos will meet standards of SHPO consultation. Completed within project timeline.

Periodic observation and documented review by the Government.

(Optional) Provide NHPA Memorandum of Agreement Preparation Support Timeliness and Quality

Documents will meet standards of NHPA Memorandum. Completed within project timeline.

Periodic observation and documented review by the Government.

(Optional) Provide Deliverables in Support of the Treatment Plan Timeliness and Quality

Documents will meet a high quality standard appropriate for each deliverable. Completed within project timeline.

Periodic observation and documented review by the Government.

SOLICITATION CLAUSES AND PROVISIONS

NOTICE: 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.

COMMERCIAL CLAUSES

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://www.acquisition.gov/diar

CLAUSE TITLE DATE

52.212-4 Contract Terms and Conditions – Commercial Products and

Commercial Services

NOV 2023

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.226-7 Drug-Free Workplace MAY 2024 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.237-2 Protection of Government Buildings, Equipment, and

Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989

(End of clause)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

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

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

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

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 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)).

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:

[ ] (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).

[ ] (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].

[ ] (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).

[X] (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, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

[ ] (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).

https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 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 https://www.acquisition.gov/far/part-52#FAR_52_209_6

[ ](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.

[ ] (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.

[ ](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.

[ ](23) 52.219-14, Limitations on Subcontracting (OCT 2022) Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

[ ] (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, Postaward 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)).

[ ] (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).

[ ](32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025) (E.O.13126). [ ] (33) - Reserved [ ] (34) - Reserved [ ] (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.

[ ] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (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 (OCT 2025) (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).

[ ](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 https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.federalregister.gov/executive-order/12989 commercial products or commercial services as prescribed in FAR 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, et seq.).

[ ](43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ](44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ](45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

[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. 7671l).

[ ] (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).

[X] (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].

[X](iii) Alternate II (JAN 2025) of 52.225-3. [ ]

(iv) Alternate III (NOV 2023) 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).

[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

[X] (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).

https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_23 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l https://www.acquisition.gov/far/part-52#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513

[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[X](b)(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 note prec.).

[ ](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.

(a) 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).

[ ] (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).

(b) 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.

(c) (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…