Sol_140R2026Q0009.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

R20

See Schedule

CODE 16. ADMINISTERED BYCODE

X

X

561210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORR20

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

11/26/2025 1500 PS

11/25/2025

916-978-5177Joe Molina (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R2026Q0009

5. SOLICITATION NUMBER

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

1 48 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

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

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$47

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

ADMINISTERED BY:

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

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Joe Molina

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

48 2 of

COMBINED SYNOPSIS/SOLICITATION

140R2026Q0009

Tracy Fish Collection Facility (TFCF) Operation & Maintenance (O&M)

Support Services Bridge Contract

Contracting Office:

Bureau of Reclamation

Interior Region 10 · California-Great Basin

Acquisitions and Services Division

Supply and Services Branch

Sacramento CA 95825

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Subpart 12.6, as supplemented with FAR parts 13.5 and additional information included in this notice.

The Bureau of Reclamation intends to award a hybrid Time & Material and Firm Fixed Price (FFP) purchase order for services represented in the Performance Work Statement. This announcement constitutes the only solicitation; quotes are being requested. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06, as of October

10, 2025.

This requirement is being solicited as a sole source bridge contract.

RFQ Number: 140R2026Q0009

Request for Quotation

(RFQ)

Request for Proposal

(RFP)

Invitation for Bid

(IFB)

North American Industry Classification Code (NAICS): 561210 Size Standard: $47 million

Quotes are due no later than 3:00pm PST on November 26, 2025.

Quotes shall be emailed to Joe Molina at joemolina@usbr.gov. Receipt of all quotes will be acknowledged. If you do not receive and acknowledgement, you should assume that your quote has not been received, and you should contact the Contract Specialist listed above.

GENERAL INFORMATION

mailto:joemolina@usbr.gov

Business Name: ______________________________________________________________________

Business Address: ____________________________________________________________________

Agency Point of Contact: _______________________________________________________________

POC Phone No. & Email: ______________________________________________________________

SAM UEID/Cage Code: _______________________________________________________________

Business Size (select one): Large Small

Documents necessary for quote submission are as follows:

1. Complete page 6 (Offeror Information)

2. Provide Labor Categories and fully burdened labor rates

3. Provide a list of equipment/vehicle and associated rates

Please see further instructions for quote submission under Provision 52.212-1 Addendum and 52.212-2

Addendum on pages 52-54 of this document.

SECTION B – CONTINUATION OF SF-1449

OFFEROR INFORMATION

IMPORTANT INFORMATION

BE SURE TO READ FAR 52.212-1, INSTRUCTIONS TO OFFERORS, AND FAR 52.212-2, EVALUATION

FACTORS. IF GUIDELINES ARE NOT FOLLOWED AS SET FORTH IN 52.212-1 YOUR OFFER COULD BE

CONSIDERED NON-RESPONSIVE.

Performance Work Statement

Maintenance Support for the Tracy Fish Collection Facility, Delta Cross Channel Facility and Fish Release

Sites

11/19/2025

1.0 Scope

The Contractor shall provide all personnel, materials, and equipment necessary to perform the operations and /or maintenance and repair activities as required by this Performance Work Statement (PWS) on the following facilities:

Tracy Fish Collection Facility (TFCF)

Delta Cross Channel Facility (DXC)

Fish Release Sites (FRS)

The Contractor shall provide personnel and support on as needed basis per tasks. Each task will be stated in the work request form.

The principal components of work to be performed by the Contractor shall consist of, but not be limited to, the following repair and maintenance activities:

Repair, maintenance and specific work as described in this PWS.

Repairs and maintenance activities shall be performed on the above-mentioned facilities and any associated feature such as roads, fences, drainage channels, pumps, signs, gates, bridges, buildings, and all associated mechanical and electrical equipment.

2.0 Type of Contract

The government intends to award a Hybrid Firm Fixed Price & Time and Materials Contract.

3. 0 Period of Performance

The period of performance shall be for 2-months from December 1, 2025 – January 31, 2026.

4.0 ADMINISTRATIVE INFORMATION

4.1 RECOGNIZED HOLIDAYS:

New Year’s Day Juneteenth National Independence Day

Christmas Day Martin Luther King Jr.’s Birthday

Labor day President’s Day

Columbus Day Memorial Day

Veteran’s Day Independence Day

Thanksgiving Day

4.2 Definitions

Performance Requirements (PR)

Performance Requirements identifies the key performance indicators of the Contract that shall be evaluated by the

Government to assure Contract performance standards are met by the Contractor.

Physical Condition

The physical appearance of Federal equipment or facilities which considers cracks, chips, dents, abrasions, rust, corrosion, general cleanliness, vibration, operating temperature, and discoloration and other items as identified by the COR. Physical condition is also determined by visual as well as diagnostic means.

Contracting Officer (CO)

The person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer Representative (COR)

The government employee whom the Contracting Officer officially appoints as an authorized representative of the

Government to monitor contract performance. The COR is not authorized to award contacts or contract modifications, obligate the payment of money by the Government, or terminate contracts, or accelerate work

Work Request (WO)

An approved task(s) for which the Government has approved the Contractor’s submitted cost estimate. The work request number will accompany the task to the work order.

Work Response

Contractor having all personnel and equipment required to perform work at the site or at a pre-approved staging area, ready, willing and able to perform the work.

4.3 Hours of Operations

The contractor is responsible for conducting business, between the hours of 7:00 AM to 4:30 PM Monday thru

Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. All non-emergency work shall be performed during normal Government business hours. An exception shall only be made by the direction of the

COR or when both the COR and Contractor agree it is the best interest to the Government to work outside the stated business hours. Emergency work may be assigned and performed outside the normal business hours. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

4.4 Key Personnel

The Contractor shall identify a primary point of contact and alternative who shall be responsible for the performance of the work in writing to the Contracting Officer and Contracting Officer Representative within 14 calendar days after contract award.

These contacts shall have full authority to act for the Contractor on all matters relating to execution of this service contract.

These contacts shall respond to Work Requests during normal Government business hours within 48 hours of submission of a Work Request.

Once work order has been accepted, the following key personnel shall be identified for the Work Request assignments:

- Point of Contact

- Foreman

- Craft personnel

- Safety personnel

- Engineers

- Security

4.5 Place of Performance

The work to be performed under this contract will be performed at the Tracy Fish Collection Facility, Delta Cross

Channel Facility and Fish Release Sites.

4.6 Security

The Contractor shall be responsible for safeguarding all Government property provided for Contractor use or under their control.

Key Control

The Contractor shall establish and implement methods of ensuring that all keys issued to the Contractor by the

Government are not lost, misplaced, issued to or used by unauthorized personnel. The Contractor shall develop procedures regarding key control.

It is the responsibility of the Contractor to prohibit the use of keys issued by the Government by any persons other than the Contractor’s employees.

4.7 Government Observations

Reclamation personnel and the COR may observe, photograph, and otherwise inspect, or record Contract operations.

4.8 Safety

The Contractor shall comply with all safety requirements as stated in the Occupational Safety and Health

Administration (OSHA) Regulations. In addition, the Contractor shall follow the Reclamation Safety and Health

Standards when performing tasks in accordance with this contract. If there is a conflict in the safety requirement, the most stringent safety requirement shall apply.

A Job Hazard Analysis (JHA) shall be written for work all being performed by the Contractor. The JHA will be reviewed and approved by the COR prior to perform work. The Government requires at least 72 hours to review the JHA prior to perform work.

4.9 Public Contact

The Contractor shall not discuss with the press or public regarding the Government operations and maintenance activates at Tracy Fish Collection Facility, Delta Cross Channel Facility, and Fish Release Sites. If the Contractor encounters with the public or press, refer them to the Tracy Office Management or the Reclamation’s Regional

Public Affairs Office in Sacramento, California.

4.10 Hazardous Materials and Hazardous Response

The Contractor shall conform to all Reclamation, local, state, and federal regulations in the use and disposal of hazardous materials and hazardous waste. The Contractor shall provide proof/certification of its personnel qualified to work with hazardous materials and wastes prior to perform the work. The Contractor shall also provide hazardous waste manifest to the Government within 72 hours after disposal of hazardous materials. In the event of a release of hazardous waste into the atmosphere, the Contractor shall notify the Reclamation immediately.

Examples of Federal regulations on hazardous materials are found in the following: 40 CFR 100-399

(Water Quality Programs, Pesticides and Hazardous Waste)

OSHA 29 CFR 1910.120 (Hazardous Waste Operations and Emergency Response); OSHA 29 CFR 1910.120

(Hazardous Communication

Examples of State regulations on hazardous materials are: California Title 22 (Environmental Health)

California Title 26 (Toxics)

4.11 Licenses

Contractor personnel shall be licensed in accordance with State vehicle licensing requirements for equipment in which the contract will have them operate.

The Contractor shall submit a current list of all Contractor employees and their respective classifications, dates of certification and job descriptions of those classifications, annually, no later than January.

If the task required welding, the contractor shall provide a state certified welder for the task or a certified weld inspector. All welds shall be certified by either the certified welder or inspector.

5.0 Delivery

5.1 Description of Work

Normal Work Activity The facilities covered in this performance work statement are operated 24/7 and as such are subject to constant upgrades for the equipment, systems and structures associated with the work performed by the Government. The Government will keep the Contractor apprised of changes, upgrades and improvements so the Contractor may provide adequate services as required for these upgrades.

Emergency Work Activity

Response time to emergency service during normal business hours shall not exceed four (4) hours. Response time to emergency service calls outside of the normal business hours shall not exceed twelve (12) hours regardless of the time during the day or night, weekends or holidays.

Work Plan

The Contractor shall prepare and submit for approval a contingency plan to the Contracting Officer for review. The

Contractor shall outline, in detail, the method(s) used in meeting Contract requirements for the following circumstances:

A Labor strike occurs which impacts the Contractor’s ability to perform. An incident which impacts the Contractor’s ability to perform contract work. Other unforeseen circumstances.

In all cases, the Contractor shall fulfill all contract requirements to complete the assigned tasks. This plan shall be submitted as a part of the Contractor’s proposal.

5.2 Tracy Fish Collecting Facility

Description: The Tracy Fish Collection Facility is located at the head of the Jones Pumping Plant intake channel, adjacent to Old River, approximately 9 miles northwest of Tracy, California, and about 2 miles from the Jones

Pumping Plant (see Technical Exhibit 1). The purpose of the facility is to collect fish which are drawn into the intake channel and reduce the amount of debris and aquatic weed entering the channel. The fish are drawn toward the holding tanks for return by tank truck to the San Joaquin River further downstream, away from the influence of the Jones Pumping Plant. The water entering the intake channel comes from upstream reservoirs through the

Sacramento-San Joaquin Delta. The Tracy Fish Collection Facility was completed in 1957. The facility is operated by the Tracy Office of the Bureau of Reclamation’s South-Central California Area Office (SCCAO). The facility is operated 24 hours a day, 7 days a week.

Contractor Tasks: The Contractor shall provide maintenance and operational support as needed for the Tracy

Fish Collection Facility (TFCF) and related features. The Contractor shall follow all Reclamation directives, SOP’s standards and specifications, etc., which are available and referenced in this Performance Work

Statement.

Some tasks such as driving equipment, operating equipment, inspections, road repairs, repairs and performing maintenance activities shall be performed by the Contractor when requested from the Government.

Transportation and Disposal of Debris Collection: The Contractor may be requested to drive dump trucks to dump debris pulled out of the Old River at the TFCF trash rake and trash boom structure to the disposal sites near the

Delta Mendota Canal.

Purchasing of Parts and Equipment: The Government may request the Contractor to buy parts and equipment for the

Government facilities identified in this contract.

Electrical Repair and Preventative Maintenance: The Contractor may be requested to do electrical work at this facility.

This facility has cranes, an automatic trash rack cleaner, valves, pumps, pipes, air compressors, and other equipment. The Contractor shall perform tasks such as maintenance, repairs, and other activities as written on the

Work Request document.

5.3 Delta Cross Channel

Description: The floodgate structure consists of an 85-foot long reinforced concrete inlet transition and 58- foot long reinforced radial gate section. The flow of water through the floodgate structure is controlled by two 60-foot by 30-foot radial gates (see Technical Exhibit 2). The Delta Cross Channel is located at Walnut Grove, California, and connects the Sacramento River and the Snodgrass Slough (see Technical Exhibit 3).

Contractor Tasks: The Contractor shall provide maintenance support for the Delta Cross Channel and related features. The Contractor shall follow all Reclamation directives, SOP’s, standards and specifications, etc., which are available and referenced in this Performance Work Statement.

Tasks at this facility include driving equipment, road repairs, operating equipment, inspections, repairs and performing maintenance activities shall be performed by the Contractor when requested from the Government.

Purchase of Parts and Equipment: Government may request the Contractor to buy parts and equipment for the

Government facility.

Electrical Repair and Preventative Maintenance: The Contractor may be requested to do electrical work at this facility.

Rodent Prevention and Maintenance: The Contractor shall be required to set traps and control rodents, and burrowing animals from populating and damaging the embankment areas at this facility.

This facility has a crane, gates, motors, pumps, pipes, and other equipment. The Contractor shall have the ability to perform maintenance, other activities and make repairs when mentioned on a Work Request.

5.4 Fish Release Sites

Description: The Horseshoe Bend and Antioch Bridge FRS sites consist of a fenced, locked facility containing pumps/motors, piping, lighting, and electric gate and associated electrical equipment (see Technical Exhibit 4). The

Contractor shall have the ability to perform maintenance, other activities and make repairs when mentioned on a

Work Request.

Contractor Tasks: The Contractor shall provide maintenance support for two fish release sites (FRS).

Reclamation will continue to deliver fish to the release sites and operate the equipment during fish releases. The first site is located near Antioch on the south side of the San Joaquin River at the foot of the Antioch Bridge. The second site is located near Emmaton on the Sacramento River at Horseshoe Bend (see Technical Exhibit 5).

Purchase of Parts and Equipment: Government may request the Contractor to buy parts and equipment for the

Government facility.

Electrical Repair and Preventative Maintenance: The Contractor may be requested to do electrical work at this facility.

This facility has motors, pumps, pipes, and other equipment. The Contract shall have the ability to perform maintenance and make repairs when mention on a Work Request.

5.5 Emergency Repair: Emergency repairs are those repair activities which inhibit normal operations or pose a safety hazard to personnel or equipment so designated by the COR. The COR will contact the Contractor during an emergency event and explain the nature of the emergency.

The Contractor shall provide personnel, materials, equipment required to correct the emergency at the site. In addition, the Contractor will be responsible for purchasing necessary materials, or rent equipment during an emergency. The Contractor shall keep a log of materials purchased, equipment rented, or contractor equipment used, and labor associated with response to the emergency. The log shall be submitted with the Contractors response to the emergency work request.

The COR will submit a Work Request to the Contractor at the COR’s earliest convenience during regular business hours for work performed during the emergency. The Contractor shall follow the normal work request process for identifying work performed during the emergency.

5.6 Work Requests

Under normal operational conditions the Government will assign tasks though a Work Requests process. The

Government will assign all Work Requests a number for tracking purposes. The Contractor shall use the work request number in all correspondence regarding the assigned task. The Contractor shall respond to all Work

Requests received. At a minimum, the Contractor shall provide an estimate identifying labor, materials, and equipment, and the anticipated start and completion dates. The estimate for labor shall include all crafts, management, and a breakdown of cost for each laborer and total labor cost. The materials estimate shall include a list of the materials with the associated and total costs. The equipment estimate shall include a list of the equipment needed with its associated and total costs.

5.7 Work Orders

Once the Contractor has submitted their proposal for the work request, the Government will have ten (10) business days to review the proposal and either accept or reject the Contractor’s proposal. During this ten (10) day period, the Government may request additional clarifying information in relation to the Contractor’s proposal. If the

Government accepts the Contractor’s proposal, the Government will issue a work order with the work request tracking number.

6.0 Government-Furnished Property

Government –owned equipment may be used by the Contractor during the conducting of operations and maintenance activities at the TFCF. This will be identified as part of the scope for each task. Contractor shall perform pre and post visual inspections of government furnished property and provide documentation to Tracy

Office Management.

TFCF equipment include but not limited to excavator, bulldozer, forklift, generator, crane, hoist, heavy commercial vehicles, all-terrain vehicles, and boats.

6.1 Facilities

The Contractor shall have access to the facilities for work orders under this performance work statement.

6.2 Utilities

Electricity, restroom facilities and potable water will be furnished by the Government at the TFCF only.

The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

6.3 Equipment

Telephone/Communications/Computer: The Contractor shall supply its own telephone/communications/computer services.

6.4 Materials

Fuel: The Contractor shall provide its own fuel

6.5 Training

If required, the Government will train the Contractor personnel on the Government owned equipment that may be used by the Contractor for support of operations.

7.0 Performance Assessment and Disincentives

(a) Monitoring Performance. During the course of the evaluation period, the COR will track Contractor 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 its performance to the COR to be considered in its report to the Contracting Officer. The self-assessment shall be submitted not later than 5 working days after the end of each evaluation period. The self-evaluation shall not exceed 1 page per 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

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 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 the later of 60 days after the end of the evaluation period or 30 days after receipt of an approved invoice.

(f) The Quality Assurance Surveillance Plan is one evaluation method the government uses to surveillance 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 performance.

PERFORMANCE REQUIREMENTS SUMMARY AND QUALITY

ASSURANCE SURVIELLANCE PLAN (QASP)

Quality Assurance Surveillance Plan

Performance

Requirements

Summary

Performance

Standard

Acceptable

Quality Level

Method of

Surveillance

1.

Emergency

Repairs

Response

Timely Response

100% Timely

Response

Quality Work:

Comply with industry standard (FIST)

100% of the time.

Random or Periodic

Inspection/Surveillance

2.

Operational

Support Proper Procedures

3.

Deferred

Maintenance, Repairs, New

Construction and Upgrades

Timely Response, Proper Procedures, and

Timely Completion.

Proper Procedures:

Industry Standard and

Operation Manual are followed 100% of time.

8.0 Technical Exhibit List

Exhibit 1: Tracy Fish Collection Facility / Jones Pumping Plant.

Exhibit 2: Delta Cross Channel Floodgate Drawing

Exhibit 3: Delta Cross Channel Location - Sacramento River and the Snodgrass Slough.

Exhibit 4: Antioch Fish Release Site Drawing

Exhibit 5: Fish Release Sites Location

Exhibit 5: Fish Release Site Location Map

SECTION C – CONTRACT CLAUSES

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including

52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation, and paragraph

(t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

Agencies will not consider or use these representations. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

52.252-2 Clauses Incorporated by Reference FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation: https://www.acquisition.gov/far/

Department of the Interior Acquisition Regulation: https://acquisition.gov/diar

Clauses in the table below are included by reference:

Clauses Title Date

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021

52.223-5 Pollution Prevention and Right to Know Information MAY 2024

52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts NOV 2021

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023

52.237-2 Protection of Government Buildings, Equipment and Vegetation APR 1984

52.245-1 Government Property SEP 2021

52.245-9 Use and Charges APR 2012

(End of Clause)

52.212-4

Alternate I

Contract Terms and Conditions Commercial Products and

Commercial Services

NOV 2021

When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the

Contractor, or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

https://www.acquisition.gov/far/

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the

"hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the

Contractor to remedy by correction or replacement, without cost to the Government, any failure by the

Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace

Government-furnished property shall be governed by the clause pertaining to Government property.

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

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) "Materials" means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate:

[Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contractor or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the

Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

https://www.acquisition.gov/far/subpart-2.1#FAR_Subpart_2_1

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at

FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc.

Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’."]

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided.

(If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None’)."] https://www.acquisition.gov/far/2.101#FAR_2_101

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the

Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor’s timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the

Contractor shall-

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

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

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

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

(D) Contractor point of contact.

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

(6)(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, and then at the rate applicable for each six-month period as established 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 in a timely manner;

(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 FAR 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.

https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#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.

(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year

(or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as…