Sol_140R2026Q0016.pdf

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ESA Consultation/ NEPA Support for Klamath Basin A
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140R2026Q0016
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This is a Combined Synopsis/Solicitation and Request for Quotation (RFQ) issued by the Bureau of Reclamation for environmental compliance consultation and support services related to Klamath Project Operations. The solicitation number is 140R2026Q0016, with quotes due by 3:00 PM PDT on March 31, 2026, to be submitted electronically to Sherry Heibeck at sherry_heibeck@ios.doi.gov. This is a 100% small business set-aside contract awarded on a best value basis. The NAICS code is 541620 (Environmental Consulting Services) with a $19 million size standard. The contract will be awarded as a Time & Material Purchase Order with a performance period from the award date through September 30, 2027.

The Performance Work Statement requires comprehensive professional services to support the Klamath Basin Area Office in fulfilling legal and regulatory obligations under the Endangered Species Act (ESA), Magnuson-Stevens Fishery Conservation and Management Act (MSA), and National Environmental Policy Act (NEPA). Key deliverables include development of a Biological Assessment, Essential Fish Habitat Assessment, Environmental Assessment, proposed action narratives, administrative records, and peer review documentation, with major milestones spanning April 2026 through May 2027. The contractor must provide expertise in fisheries biology, NEPA and ESA compliance, hydrology, data analysis, technical writing, and project management, with a minimum of five years' experience preparing federal environmental documentation. Key personnel must include a Project Manager, NEPA Lead, ESA Specialist/Biologist, Hydrologists, Data Analysts, and Technical Writers/Editors. Travel to Klamath Falls, Oregon and surrounding areas may be required. The contract incorporates standard FAR clauses and departmental requirements, including security clearance provisions, contractor performance assessment reporting, electronic invoicing through the Invoice Processing Platform, and compliance with various federal regulations and executive orders.

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WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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.

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

140R2026Q0016

See Schedule See Schedule

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

03/31/2026 1500 PD

0044031217

Sherry Heibeck 9169786188

R20 100.00

R20

Sherry L. Heibeck

541620

$19

03/02/2026

0011285612

ADMINISTERED BY:

Mid-Pacific Region

Regional Office

Division of Acquisition Services

2800 Cottage Way, Room E-1815

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

Sacramento CA 95825-1898 US

DELIVER TO:

Bureau of Reclamation-MP-KBAO

Klamath Basin Area Office

6600 Washburn Way

Klamath Falls OR 97603-9365 US

Delivery: 09/30/2027

Period of Performance: 05/01/2026 to

09/30/2027

00010 Klamath ESA/NEPA Consultation Support

PLEASE SEE COMBINED SYNOPSIS/ SOLICITATION

BELOW FOR INFO REGARDING THIS REQUIREMENT.

Product/Service Code: B509

Product/Service Description: SPECIAL

STUDIES/ANALYSIS- ENDANGERED SPECIES:

PLANT/ANIMAL

COMBINED SYNOPSIS/SOLICITATION

Environmental Compliance Consultation and Support for Klamath Project Operations

Klamath Basin Area Office, Klamath Fall, OR

Contracting Office:

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 Time & Material Purchase Order for services represented in the Performance Work Statement. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued. The solicitation document and incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2025-06, as of October 1, 2025.

This requirement is being solicited as 100% small business set-aside and will be awarded on a Best Value basis in accordance with Part FAR 13.5.

GENERAL INFORMATION

RFQ Number: 140R202360016

Request for Quotation

(RFQ)

Request for Proposal

(RFP)

Invitation for Bid

(IFB)

North American Industry Classification Code (NAICS): 541620 Size Standard: $19 million

Quotes are due no later than 3:00pm PDT on March 31, 2026

Quotes shall be emailed to Sherry Heibeck at sherry_heibeck@ios.doi.gov. Receipt of all quotes will be acknowledged. If you do not receive and acknowledgment, you should assume that your quote has not been received and you should contact the Contract Specialist listed above.

Offerors must be registered in System for Award Management (www.SAM.gov) by the closing date of the solicitation to be considered for award. SAM is an official website of the U.S Government and there is no cost to register in SAM.

Business Name: ______________________________________________________________________

Business Address: ____________________________________________________________________

Agency Point of Contact: _______________________________________________________________

POC Phone No. & Email: ______________________________________________________________

SAM UEID/Cage Code: _______________________________________________________________

Business Size (select one): __Small (SB) __Small Disadvantaged (SDB) ___ 8(a) ___Service Disabled Veteran Owned (SDVOSB) ___Women Owned (WOSB) ___HUBZone mailto:sheibeck@usbr.gov http://www.sam.gov/

SECTION B – CONTINUATION OF SF-1449

PRICE SCHEDULE

1. Refer to Attachment 1, Price Schedule

2. Vendor shall provide fully burdened labor rates for each labor category and other direct costs.

3. The quantities in the price schedule will be used for price evaluation purposes only

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

Environmental Compliance Support

February 2025

1.0 INTRODUCTION

1.1 Purpose

The objective of this contract is to acquire the assistance of an expert contractor to support the Bureau of Reclamation’s (Reclamation) Klamath Basin Area Office (KBAO) in achieving regulatory compliance with the Endangered Species Act (ESA), Magnuson-Stevens Fishery Conservation and Management Act (MSA), National Environmental Policy Act (NEPA), and other applicable environmental compliance laws and regulatory processes for the continued operation of Reclamation’s Klamath Project (Project).

1.2 Background

1.2.1 The Klamath Project

Reclamation is responsible for managing, developing, and protecting water and related resources in an environmentally and economically sound manner in the interest of the American public. Pursuant to the Reclamation Act of 1902, Reclamation’s KBAO manages and operates the Project, storing waters of the Klamath and Lost rivers, and diverting and delivering water for irrigation and related purposes through a complex network of conveyance features including diversion dams, canals, laterals, pumping facilities, and drains, to approximately 230,000 acres of agricultural and wildlife refuge lands in southern Oregon (Klamath County) and northern California (Siskiyou and Modoc counties). The Project includes three primary storage reservoirs including Upper Klamath Lake, Clear Lake Reservoir, and Gerber Reservoir, and includes two dams on the Klamath River: Link River Dam and Keno Dam. Link River Dam, the most upstream dam, regulates surface water elevations in Upper Klamath Lake and allows for water deliveries through Reclamation facilities; Keno Dam maintains water levels in the Lake Ewuana Reach of the Klamath River and provides for flood control in the upper Klamath Basin.

Primary species of concern related to operation of the Project include the endangered Lost River (Deltistes luxatus; C’waam) and shortnose (Chasmistes brevirostris; Koptu) suckers residing within Project reservoirs, threatened Coho Salmon (Oncorhynchus kisutch) within the Klamath River, and the Southern Resident Killer Whale within the Pacific Ocean (Orcinus orca; to the extent that Klamath River salmon are a source of prey).

1.2.2 Environmental Compliance

As a federal agency, Reclamation is required under Section 7 of the ESA to consult with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Services (NMFS; collectively, the Services) on actions that may affect ESA-listed species or critical habitat; under Section 305 of the MSA to consult with the NMFS on actions that may adversely affect Essential Fish Habitat (EFH) for species managed under the Pacific Coast Salmon Fishery Management Plan; and under Section 102 the NEPA to incorporate environmental considerations and assess the environmental effects of proposed federal actions in planning and decision-making processes.

In order to legally continue operations and maintenance activities associated with management of the Project, Reclamation must consult with each regulatory agency under the ESA and MSA, and perform analysis under the NEPA on the effects of those activities prior to executing Project operations.

1.2.3 Contract Need

Currently, Reclamation does not have adequate staff and expertise to complete this task internally.

Consequently, Reclamation has determined that the services of a contractor are needed to assist in consultation and analysis efforts to ensure regulatory compliance in order for Reclamation to continue management and operation of the Project for authorized purposes, consistent with federal Reclamation law and other federal and relevant state water law; contractual obligations and agreements with Project contractors; and in a manner that meets species needs and federal trust responsibilities to Klamath Basin Tribes.

2.0 SCOPE OF WORK

The scope of this contract is to provide comprehensive professional services to Reclamation’s KBAO to support Reclamation in fulfilling its legal and regulatory obligations under the ESA, MSA, and NEPA for operation of the Project. Professional services will include project management, technical document development inclusive of scientific, hydrological, biological, and environmental analyses, and administrative, logistical, and technical support. These services will aid Reclamation in fulfilling its mission to ensure continued management and delivery of water and related resources in a manner that ensures timely, legally defensible deliverables in support of compliance with applicable federal environmental laws and regulations.

3.0 PERFORMANCE REQUIREMENTS

3.1 Objective Overview

Major objectives associated with this contract will include ESA consultation, MSA consultation, NEPA documentation, and Administrative Record documentation in support of regulatory compliance.

3.2 Major Task Descriptions

All tasks will require extensive coordination with Reclamation, the Services, Solicitors and Tribes and key stakeholders.

3.2.1 Proposed Action Narrative Support

• Compile and integrate results from Reclamation’s hydrologic modeling efforts in the development of a proposed action narrative inclusive of a thorough and robust description all Project components such as operation and maintenance activities and any associated conservation measures

• Coordinate internal, solicitor, interagency, and public review, as needed, develop associated review periods, assist in the compilation of comments and response development, and incorporate revisions as necessary. Review periods are subject to acceleration and may range from days to weeks, depending on milestone progress and associated timelines.

3.2.2 ESA Consultation Support

• Develop a Biological Assessment (BA) evaluating the potential effects of Reclamation’s proposed federal action on listed endangered or threatened species and their designated critical habitats, develop associated schedule and milestone dates, create section outlines, research and collect relevant data to support analysis, perform modeling, provide draft iterations, and perform technical editing o The BA may include sections such as but not limited to: executive summary, introduction, environmental baseline, proposed action, seasonal operations, effects analysis for each ESA-listed species, other species, cumulative effects, conclusions, references, and appendices

• Coordinate internal, solicitor, interagency, and public review, as needed, develop associated review periods, assist in the compilation of comments and response development, and incorporate revisions as necessary. Review periods are subject to acceleration and may range from days to weeks, depending on milestone progress and associated timelines.

• Upon receiving Biological Opinions:

o Assist in the review of Biological Opinion components and/or drafts as they are shared and as needed o Assist in the review of Biological Opinion requirements, including the nature of requirements, necessary actions, and associated timelines and due dates, as well as develop tracking spreadsheets, etc., as requested o Assist in the development of planning documents required by Biological Opinions necessary to implement associated Terms and Conditions and/or conservation recommendations (e.g., implementation and/or monitoring plans)

3.2.3 MSA Consultation Support

• Develop an EFH Assessment evaluating the potential effects of Reclamation’s proposed federal action on EFH, develop associated schedule and milestone dates, create section outlines, research and collect relevant data to support analysis, perform modeling, provide draft iterations, and perform technical editing o The EFH Assessment may include sections such as but not limited to: introduction, background, Chinook and Coho Salmon habitat requirements for EFH, Chinook and Coho Salmon EFH requirements, EFH affected by the project, effects of the proposed action on Chinook Salmon and Coho Salmon EFH, water quality effects to EFH, flow effects to EFH, habitat parameters effects to EFH, and determination on effects

• Coordinate internal, solicitor, and interagency review, as needed, develop review periods, assist in the compilation of comments and response development, and incorporate revisions as necessary. Review periods are subject to acceleration and may range from days to weeks, depending on the milestone progress and associated timelines.

3.2.4 NEPA Compliance Support

• Develop an Environmental Assessment (EA) and associated Finding of No Significant Impact

(FONSI) or Environmental Impact Statement (EIS) and associated Record of Decision (ROD) analyzing potential impacts of Reclamation’s proposed federal action on the affected environment, develop associated schedule and milestone dates, create section outlines, research and collect relevant data to support analysis, perform modeling, provide draft iterations, and perform technical editing o The NEPA document may include sections such as but not limited to: executive summary;

introduction; purpose and need; project description; water rights; action alternatives; affected environment and environmental consequences for resources such as but not limited to water resources (surface water, water quality, and groundwater), biological resources (federally listed species, other aquatic species, wetlands and riparian habitats, and migratory birds,) socioeconomics (irrigated agriculture, recreation, commercial, recreational, Tribal fishing, business, population, and employment, and Tribal Nations and Tribal economies), and Indian Trust Resources; consultation and coordination; references; and appendices

• Coordinate internal, solicitor, and interagency review, as needed, develop review periods, assist in the compilation of comments and response development, and incorporate revisions as necessary. Review periods are subject to acceleration and may range from days to weeks, depending on the milestone progress and associated timelines.

3.2.5 Administrative Record Support

• Develop an Administrative Record Plan, subject to Reclamation review and approval

• Develop a shared repository for decision and decision-supporting documents

• Compile and organize decision files related to ESA, MSA, and NEPA decision-making processes (emails, letters, memorandums, references, and other related documents as applicable)

• Index Administrative Record

• Coordinate internal and solicitor review

3.3 Additional Tasks and Support Services

3.3.1 Project Management

• Develop and provide up-to-date schedules, inclusive of major milestone

• Develop action plans to execute milestones by required deadlines

• Develop and provide up-to-date tasks lists, status updates and progress reports, and work breakdown structures (e.g., Gantt charts)

• Track roles and responsibilities (e.g., Project Management Plan)

• Maintain a risk management register

• Develop and maintain a project budget

• Review input and discuss issues related to development of environmental compliance documents

• Effectively manage sub-contractors, as applicable

3.3.2 Coordination, and Logistical Support

• Assist in the review and preparation of correspondence, communications plans, briefing papers, decision documents, policy and procedural guidance, meeting materials, talking points, agendas, notes, presentations, prioritization strategies, progress reports, etc.

• Facilitate and lead or co-lead meetings, technical discussions, presentations, etc. with stakeholders, Tribes, and interagency-coordination teams on policy, consultation, and compliance development and processes in various settings with a variety of resource disciplines.

Facilitation and logistical support may involve:

o Procurement and coordination of meeting venues and related facilities o Meeting invitations, scheduling, and managing attendee communications o Verification and/or satisfaction of equipment or technical support o Preparation of meeting agendas, handouts, and presentations o Taking meeting notes and documenting decisions and action items

• Deliver briefings and oral presentations

• Communicate via Teams meetings or other platforms, face-to-face, or email with agencies, interested parties, stakeholders, and Tribal Nations to convey information, solicit recommendations, provide feedback, etc.

3.3.3 Technical and Editorial Support

• Create a shared platform for document libraries and to facilitate multi-user editing and review

• Develop documents using Reclamation templates

• Develop documents that adhere to Reclamation’s Visual Identity and Section 508 (of the

Rehabilitation Act of 1973) accessibility guidelines

3.3.4 Literature Review and Reference Management

• Provide assistance with tracking and reviewing newly published articles within the Klamath

River Basin that may inform baseline and impact analysis

• Develop, compile, and maintain a reference management system or database (e.g., Mendeley) to store and organize all scientific documentation as well as other sources referenced in the development of documents under this contract

3.3.5 Scientific Modeling Support

• Coordinate with modeling developers and experts on model outputs and simulations to inform impact analysis (e.g., habitat modeling and socioeconomic modeling)

• Create model outputs in the form of tables and figures to support impact analysis

• Model output interpretation, data visualization, and technical analysis

• In accordance with Reclamation Manual Policy CMP P14 (see references section), manage the peer review process, inclusive of but not limited to 1) developing a peer review plan; 2) assembling a peer review team of qualified specialists (i.e., with modeling experience); 3) performing review of scientific information and assessments, including but not limited to model application, methodology, inputs and outputs, and results used to inform environmental analysis; and 4) developing peer review report.

4.0 DELIVERABLES

All deliverables must adhere to the latest ESA, MSA, and NEPA implementing regulations and regulatory timelines and guidelines and include sufficient supporting documentation to withstand legal review and shall be completed in an effective and timely manner to allow for all applicable compliance processes to be completed by March 2027, or at an alternate date determined by Reclamation.

While Reclamation has made its best effort to estimate the primary deliverables and documentation necessary to support contract objectives, additional deliverables, such as supplemental NEPA documentation to support subsequent annual operations may be necessary.

Deliverable Description Milestone Date

Shared Platform (e.g., SharePoint)

Development of a shared platform for document development, storage, and review, a scientific literature and reference library, and administrative record development

No later than two weeks after contract award

Peer Review Plan Development of a peer review plan containing items listed in Section 4.B.3 of Reclamation Manual Policy CMP P14

April/ May 2026

Proposed Action Narrative Detailed project description for inclusion in Endangered Species Act and Magnuson Stevens Act assessments and National Environmental Policy Act analysis; begin Biological Assessment, Essential Fish Habitat Assessment, and Environmental Assessment

April/ May 2026

Peer Review Report Report describing the nature and scope of the review as well as findings and conclusions

July 2026

Draft Biological Assessment Biological analysis in support of Section 7 Endangered Species Act Consultation; draft document to share with federal partners

September 2026

Final Biological Assessment Biological analysis in support of Section 7 Endangered Species Act Consultation;

initiate formal consultation

October 2026

Final Essential Fish Habitat Assessment

Essential Fish Habitat analysis in support of Section 205 Magnuson Stevens Act consultation; initiate formal consultation

October 2026

Draft Environmental Assessment

Environmental analysis in support of Section 102 National Environmental Policy Act compliance; release draft for 30-day public comment period

October 2026

Deliverable Description Milestone Date

Final Biological Assessment Addendums

Addendums to Proposed Action and/or Biological Assessment, as needed per Services review of Biological Assessment

November-December 2026

Final Environmental Assessment and Finding of No Significant Impact

Final analysis in support of Section 102 National Environmental Policy Act compliance; receive final Biological Opinions to incorporate into final documents

March 2027

Administrative Record Development of an Administrative Record to document Reclamation’s decision-making process and ultimate transition to new Proposed Action in April of

May 2027

Project Management Reports Status updates, Gnatt charts, milestone schedules, etc. Monthly or as needed

* Milestone schedule subject to accelerated timelines and/or change based on determined National Environmental Policy Act pathway (i.e., Environmental Assessment versus Environmental Impact Statement), regulatory timelines, review periods, workflow considerations, and other unforeseen circumstances.

5.0 REFERENCES

The following is a preliminary list of documents that may be required in the performance of this contract, several of which contain information from previous Section 7 consultation and environmental compliance efforts that may need to be carried forward:

Number Title Date URL/Source 1 Final Biological Assessment and

Essential Fish Habitat Assessment on The Effects of the Proposed Action to Operate the Klamath Project from October 1, 2024, through September 30, 2029 on Federally Listed Threatened and Endangered Species

June 14, https://www.usbr.gov/mp/ kbao/ecbo.html

2 Biological Opinion on the Effects of the Proposed Klamath Project Operations Plan. Effective November 15, 2024, through October 31, 2029, on

November 15, 2024 https://www.usbr.gov/mp/ kbao/ecbo.html https://www.usbr.gov/mp/kbao/ecbo.html https://www.usbr.gov/mp/kbao/ecbo.html https://www.usbr.gov/mp/kbao/ecbo.html https://www.usbr.gov/mp/kbao/ecbo.html

Number Title Date URL/Source Federally Listed Threatened and Endangered Species

3 Endangered Species Act Section 7(a)(2) Biological Opinion, and Magnuson- Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for Klamath Project Operations from October 1, 2024, through September 30, 2029

October 28, https://www.usbr.gov/mp/ kbao/ecbo.html

4 Final Environmental Assessment and Finding of No Significant Impact on Implementation of Klamath Project Operating Procedures 2024-2029

January 10, https://www.usbr.gov/mp/ nepa/nepa_project_details.

php?Project_ID=54883

5 Reclamation Section 508 and Visual Identity Standard and Templates

2025 Available upon request

6 Reclamation Manual (CMP P14) – Peer Review of Scientific Information and Assessments

2021 https://www.usbr.gov/rec man/cmp/cmp-p14.pdf

6.0 SUMMARY OF PERFORMANCE STANDARDS

Performance will be measured by the successful completion of each objective, including federal compliance with the ESA, MSA, and NEPA. Performance indicators and standards are as follows:

6.1 Quality

• Deliverables and tasks must be complete, descriptively and concisely written with clarity and consistency, of high quality, and contain appropriate, effective structure and content that appropriately represents Reclamation and meets Reclamation’s needs

• Deliverables must contain minimal spelling, grammatical, logistical, and technical errors

• Technical experts must possess sufficient qualifications and shall be able to draft document content that requires minimal editing

• Minimum acceptable quality level shall be 98% error free (opportunity will be provided to re-work non-compliant work products to the extent it does not jeopardize progression of deliverables/milestone schedule

6.2 Delivery and schedule

• Deliverables and tasks must be completed and delivered in a timely manner, adhering to deliverables/milestone schedule with the potential that timelines will need to be adjusted and/or accelerated

6.3 Compliance

• All document deliverables must meet content requirements as described for each document type

• All deliverables and tasks must adhere to all applicable regulatory, policy, and procedural requirements https://www.usbr.gov/mp/kbao/ecbo.html https://www.usbr.gov/mp/kbao/ecbo.html https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=54883 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=54883 https://www.usbr.gov/mp/nepa/nepa_project_details.php?Project_ID=54883

7.0 TRAVEL REQUIREMENTS

• Travel to Klamath Falls, Oregon and/or surrounding areas (i.e., Medford, Oregon and Ashland, Oregon) may be required to support meeting facilitation and attendance, technical discussions, and coordination with Reclamation, among others

8.0 PLACE AND PERIOD OF PERFORMANCE

8.1 Place of Performance

• Primarily remote with periodic in-person meetings as needed (i.e., Klamath Falls, Medford, and Ashland, Oregon)

8.2 Period of Performance

• Date of award through September 30, 2027

9.0 WORK SCHEDULE AND RECOGNIZED HOLIDAYS

The contractor is responsible for conducting business during standard business hours, consisting of an eight-hour workday between 0600-1800 Monday through Friday except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. For contracts other than firm fixed price, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this Performance Work Statement when the government facility is not closed for the above reasons. When hiring personnel, the Contractor should keep in mind that the stability and continuity of the workforce are essential.

Recognized federal holidays:

• New Year's Day

• Martin Luther King, Jr. Birthday

• Washington's Birthday

• Memorial Day

• Juneteenth National Independence Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

10.0 KEY PERSONNEL

Due to the highly complex environmental and natural resource policy and management related to the Project, it is imperative that Reclamation acquires the services of a contractor with highly qualified personnel with appropriate combinations of education, training, and experience. Deliverables and associated tasks will require extensive coordination, administrative and project management support, and technical expertise in fields related to Klamath Basin fisheries (specifically, extensive knowledge related to suckers, salmon, and Southern Resident Killer Whale biology and recovery), biological and ecological science, water quality, water and habitat modeling and simulation, and socioeconomics, among others. It is also imperative that the contractor has familiarity with and knowledge of Klamath Basin hydrology, Tribal resources, and biological and water management issues unique to Reclamation’s Project, has experience in directing project teams and cooperative efforts leading to successful development of compliant scientific, biological, and environmental documentation related to water management projects, has experience with building collaborative partnerships with agency and key Tribal and stakeholder entities including participation in various biological and hydrological management teams and interdisciplinary working groups, and has the ability to facilitate natural resource management and policy discussions related to these resources and management topics among agency and key stakeholder entities.

Key personnel shall include:

• Project Manager

• Fisheries and Wildlife Biologists

• NEPA/Environmental Specialists

• Hydrologists

• Data analysts

• Technical Writers/Editors

• Administrative Support

• Other specialists as necessary

10.1 Personnel Qualifications

The Contractor shall provide personnel with the education, training, and experience necessary to successfully perform all requirements of this Performance Work Statement. Due to the complexity of federal environmental compliance for water resource management and irrigation projects involving ESA consultation, NEPA documentation, Tribal coordination, and multiple stakeholders, the following minimum qualifications are required.

10.2 Firm Experience

The Contractor shall demonstrate not less than five (5) years of experience preparing environmental documentation in compliance with:

• The National Environmental Policy Act; and

• The Endangered Species Act, including Section 7 consultation

Experience shall include preparation of federal NEPA documents such as Environmental Assessments (EA) and/or Environmental Impact Statements (EIS) and associated Finding of No Significant Impacts (FONSI) and/or Record of Decisions (ROD), and federal ESA documents such as Biological Assessments and/or Biological Evaluations.

Experience related to water resources, water management, and/or agricultural irrigation projects involving federal actions is required.

10.3 Project Experience

Information summarizing relevant project experience shall be provided and include:

• Project name and location

• Lead federal agency

• Type of compliance documents prepared

• ESA consultation type

• Role of team members

• Any multi-stakeholder coordination (e.g., federal agencies, Tribes, irrigators, etc.)

10.4 Key Personnel

The Contractor shall designate the following key personnel:

• Project Manager o A minimum of five (5) years of experience managing federal NEPA and ESA compliance efforts o Demonstrated experience managing interdisciplinary environmental teams for complex projects with streamlined schedules and deliverables tied to regulatory milestones o Demonstrated experience coordinating with federal agencies, technical specialists, and multiple stakeholders o Demonstrated experience leading multidisciplinary coordination meetings with various stakeholders

• NEPA Lead o Minimum of five (5) years of experience preparing federal NEPA documentation o Demonstrated experience serving as a primary author or technical lead for NEPA documentation o Experience integrating ESA consultation outcomes into NEPA analysis is required

• ESA Specialist/Biologist o Minimum of five (5) years of experience preparing BAs/BEs and supporting ESA Section 7 consultation o Demonstrated experience analyzing effects to listed species and designated critical habitat for water-related projects o Experience coordinating with USFWS and/or NMFS is required

10.5 Staffing Plan and Roster Requirements

The Contractor shall submit and maintain a detailed staffing plan that includes:

• Team Roster o Names, roles, and lines of responsibility of all proposed key personnel and technical staff o Identification of primary and backup staff

• Individual qualifications, including a resume for each key team member identifying:

o Education o Years of relevant experience o Role in past NEPA/ESA projects o Examples of prepared documentation (e.g., EAs, EISs, BAs, etc.)

o Any experience with irrigation or water management projects

Personnel for key roles shall meet or exceed the minimum qualifications specified in this PWS.

Any proposed sub-contractors should be identified and included in the staffing plan, and a letter of commitment from each sub-contractor must be provided to confirm key personnel named in the staffing plan will serve in the key roles necessary to perform the work.

11.0 SPECIAL REQUIREMENTS

11.1 Accessibility and Compliance

• Compliance with Section 508 of the Rehabilitation Act

• Visual Identity standards per Reclamation’s guidelines

12.0 PERFORMNACE ASSESSMENT AND DISINCENTIVES

a) Monitoring Performance. During 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 for 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) 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.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

PERFORMANCE

REQUIREMENT

SUMMARY (PRS)

ACCEPTABLE QUALITY

LEVEL

MEANS OF

MEASUREMENT

Contractor shall comply with the Performance Work Statement

1) Timeliness: Required turnaround time met 95% of the time.

2) Quality: Deliverables are within required tolerances 98% of the time

Government Representative Surveillance (100% review or periodic depending on the task)

(End of Performance Work Statement)

SECTION C – SOLICITATION 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 52.204-12 Unique Entity Identifier Maintenance OCT 2016 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 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.227-17 Rights in Data-Special Works DEC 2007 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.243-3 Changes Time and Materials or Labor Hours SEP 2000 52.212-4 Alternate I

Contract Terms and Conditions – Commercial Products and Commercial Services

NOV 2023

52.212-4 Alternate 1 – Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023) (i)(1) Materials

(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: Travel.

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

(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: “$0.00”

(End of Clause)

52.217-8 Option to Extend Services NOV 1999

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

(End of Clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (Deviation FEB 2025)

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)).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X](4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[ ] (6) [Reserved].

[X] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

[ ](10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title II).

[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).

[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved] [ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ](17) [Reserved] [X] (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-6.

https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.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

[ ] (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-7.

[X](20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[ ] (21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (Nov 2016) of 52.219-9.

[ ] (iii) Alternate II (Nov 2016) of 52.219-9.

[ ] (iv) Alternate III (Jun 2020) of 52.219-9.

[ ](v) Alternate IV (JAN 2025) of 52.219-9

[ ] (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (Mar 2020) of 52.219-13.

[X](23) 52.219-14, Limitations on Subcontracting (Deviation 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, Post-award Small Business Program Representation (JAN 2025) (15 U.S.C.

632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

[ ] (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 [X] (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (Jul 2014) of 52.222-35.

[X] (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (Jul 2014) of 52.222-36.

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637&num=0&edition=prelim

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

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X](39) (i) 52.222-50, Combating Trafficking in Persons (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).

[X](40) 52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 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…

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