Sol_140R8123Q0070.pdf

Combined Synopsis/Solicitation Bureau of Reclamation

Denver, Colorado

140R8123Q0070

COMBINED SYNOPSIS/SOLICITATION

Klamath River Revised Natural Flow Study

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR part 13.5 and additional information included in this notice. The Bureau of Reclamation intends to award a Sole Sourced, Firm Fixed Price Purchase Order in response to this solicitation. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. This requirement is being Sole Sourced to Evapotranspiration Plus LLC. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 as of 03/16/2023.

RFP Number: 140R8123Q0070

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

This acquisition is being sole sourced to Evapotranspiration Plus LLC.

North American Industry Classification Code (NAICS): 541620 Size Standard: $19.0 Million

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.

Quote Due Date:

Quote Submission:

Date: June 15, 2023

3:00 PM Central Daylight Time (CDT)

By email to ebradford@usbr.gov

Request for Information: All questions regarding this solicitation should be emailed to ebradford@usbr.gov.

GENERAL INFORMATION

QUOTE DUE DATE AND CONTACT INFORMATION

mailto:cseibure@usbr.gov mailto:cseibure@usbr.gov

SECTION B – PRICE SCHEDULE

CLIN DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT

00010 Klamath River Revised Natural Flow Study

Evapotranspiration Modeling External Peer Review IAW the PWS

1 JB

Total Price Proposed

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

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

Documents necessary for quote submission are as follows:

1. Completed Price Schedule on page 3 and Vendor information on page 4.

2. Technical Proposal and Capability Statement or other documents to support providing Demo Plant Operator IAW PWS

3. Completed provision 52.213-3, offeror’s representations and certifications if not already completed in SAM.gov.

Vendor’s Business Information:

Business Name:

Business Size (select one): Small Large

Agency Point of Contact (POC):

POC Email & Phone Number:

UEI number/Cage Code:

Tax ID Number:

QUOTE VALID DATE

PERFORMANCE WORK STATEMENT (PWS)

Klamath River Revised Natural Flow Study Evapotranspiration Modeling External Peer Review

Technical Service Center, Denver CO

1. BACKGROUND

The purpose of this PWS is for peer review of a specific component of the Klamath River Revised Natural Flow Study (Study). This Study will leverage current science, methods, and tools to develop new naturalized streamflow estimates for certain locations in the Klamath River basin. Naturalized streamflow is defined as the streamflow that would have occurred in the absence of agricultural and other development (roads, railroads, municipalities, etc.) and water management. Estimates for the Study are being developed using the historical baseline period October 1980 through September 2020. The Study consists of three phases, corresponding with geographic regions within the basin. Analyses and findings from the Study are likely to inform future planning in the Klamath River basin. The Bureau of Reclamation (Reclamation) Technical Service Center (TSC), in collaboration with the Klamath Basin Area Office (KBAO), other federal agencies and stakeholders, have developed a scope of work (SOW) to estimate naturalized streamflow at several locations throughout the basin. The naturalized streamflow estimates dataset and documentation will be peer reviewed to ensure quality, transparency and agreement on scientific approaches used.

The Study will be comprised of Scientific Information (SI) in the form of new data, models, and tools and classified as a Highly Influential Scientific Assessment (HISA). Further, the Study will apply novel and state-of-science methods, tools, and analysis across numerous scientific areas (e.g. surface hydrology, groundwater modeling, river hydraulics, consumptive use estimation, water operations modeling) and synthesized in development of daily timestep natural streamflow estimates. This effort is not a routine implementation of known methods. The project team is not aware of previous or existing approaches that involve so many complex processes and where information is developed at this spatial and temporal scale.

In addition to the work resulting in an HISA, natural streamflow estimates in the Klamath River basin have significant interagency interest with respect to Reclamation, U.S. Fish and Wildlife Service, National Marine Fisheries Service, several native Tribes, Oregon Water Resources Department, and California Department of Water Resources, among potentially others. Additionally, this project involves several local and regional stakeholders, which contributes to Klamath River basin Endangered Species Act (ESA) Section 7 consultation efforts and also has provided feedback on the SOW for this project. This effort may serve to inform future ESA Section 7 consultations, in addition to future studies of habitat suitability. Further, previous naturalized streamflow estimates in the Klamath River Basin by Reclamation have been highly scrutinized and reviewed by the National Research Council (National Academy of Sciences, 2008).

In summary, based on broad interest, the controversial nature of this topic, and the novel approaches being developed and synthesized in development of an HISA resulting in daily timestep natural streamflow at multiple locations, this effort requires an external peer review, as defined by the Reclamation Manual Peer Review of Scientific Information and Assessments Policy (CMP P14). Natural streamflow developed in this study will reflect 1) the removal of current human impacts including dams and diversion structures, irrigation withdrawals and return flows, other water use diversions and return flows, evaporation loss from reservoirs and 2) accounting for “pre-development” conditions which include extensive wetland systems, hydraulic connection between the Klamath River and these wetland systems, natural reefs along the Klamath River, and other land-use changes.

The Study began October 1, 2020 and is scheduled to be completed by September 30, 2025. The study is being conducted in three Phases encompassing different geographic areas. Phase 1 encompasses the watershed upstream and including Upper Klamath Lake, Phase 2 the watershed between Upper Klamath Lake and Iron Gate Dam, and Phase 3 the watershed between Iron Gate Dam and the Klamath River confluence with the Trinity River. All three phases are being conducted jointly for the evapotranspiration (ET) component of the study relevant to this PWS.

Evapotranspiration data are being developed to support the Study in several ways. The et-demands model is being used to develop estimates of crop evapotranspiration to compare evapotranspiration estimates from other sources, and to develop estimates of effective precipitation. The Mapping EvapoTranspiration at high Resolution with https://www.usbr.gov/recman/cmp/cmp-p14.pdf

Internalized Calibration (METRIC) model is being used inside the OpenET system to develop estimates of actual crop evapotranspiration, and wetland evapotranspiration. An empirical relationship between NDVI and groundwater ET based on eddy covariance data collected from similar settings is being applied to estimate annual groundwater ET from phreatophyte vegetation. Boundaries of crop fields have been developed from high-resolution aerial imagery which include attributes by year for irrigation efficiency, and irrigation status. These boundaries will be used with the OpenET-derived estimates of evapotranspiration and the et-demands-derived estimates of effective precipitation to develop estimates of irrigation withdrawals directly from the Klamath River or its tributaries which can be added back in to develop natural flow estimates. In addition, Open-ET estimates of wetland evapotranspiration will be used to account for the impact of more extensive wetland systems in the “pre-development” condition. Open-ET estimates and et-demands effective precipitation estimates will be used in conjunction with surface-water diversion records to estimate groundwater pumping rates for groundwater wells where no records exist.

The purpose of this PWS is to solicit a subject matter expert to peer reviewer the evapotranspiration modeling being conducted as part of the Study.

Tentative Review Schedule:

July 1, 2023 to September 30, 2024

2. DEFINITIONS

Contracting Officer (CO) – A duly appointed person with the authority to enter into, administer or terminate contracts, and to make findings and determinations on behalf of the United States Government. This is the only individual authorized to change the contract or any of the requirements stated herein.

Contracting Officer’s Representative (COR) – the individual, designated and authorized in writing by the contracting officer to perform specific technical or administrative functions for this specific task order.

Contractor – the contractor to perform the work required for this specific task order. The individual, partnership, company or corporation responsible for the duties and responsibilities under the task order.

3. SCOPE

The Bureau of Reclamation is looking to award a Subject Matter Expert (SME) to conduct a peer review of the evapotranspiration modeling as part of the Study. The peer review shall include a review of methodological choices, model development, including a review of input data, model calibration, results, and documentation. This review shall be based solely on the scientific information provided and not on any agency decision or policy.

The following tasks shall be performed:

3.1. Review of the et-demands model – A dual-crop coefficient et-demands model has been developed at a

1/24th degree spatial resolution to simulate crop consumptive use, effective precipitation, and net irrigation water requirement. This model simulates the diversity of crops found in each grid cell identified by examining all available Cropland Data Layer datasets (2008-2020). Model parameters have been calibrated using a combination of growing season information provided by local irrigation districts, KBAO, and using growing season cycles observed from remote sensing (e.g. Normalized Difference Vegetation Index). The et-demands model will be reviewed for the following –

3.1.1. the suitability of and uncertainty associated with the input forcing data,

3.1.2. the identification of crops simulated within each grid cell

3.1.3. the suitability of data used for calibration

3.1.4. the calibration of the model

3.1.5. overall model output performance including (but not limited to) simulation of crop evapotranspiration, net irrigation water requirement, and effective precipitation

3.1.6. a discussion of the uncertainty associated with model outputs

3.2. Review of the methods used in developing irrigated agricultural field boundaries and their respective irrigation type – Irrigated agricultural field boundaries have been developed using a range of remote sensing data. Irrigation type has been added as an attribute to each field by year to be used in combination with average irrigation efficiencies by type to estimate total applied water. The dataset does not need to be reviewed in detail, but rather a review of the methods used and data used to identify their suitability to the tasks.

3.3. Review of the OpenET crop evapotranspiration estimates –METRIC has been run using the OpenET system with Landsat data covering the years 1984-2020 to develop field scale estimates of crop evapotranspiration. The OpenET modeling will be reviewed for overall model output performance including the simulation of crop evapotranspiration

3.4. Review of the OpenET wetland evapotranspiration estimates and empirical groundwater evapotranspiration estimates for the historical baseline and the development of wetland evapotranspiration under pre-development conditions – wetland extents by vegetation type and groundwater dependent ecosystems (GDEs) have been identified and mapped, and OpenET METRIC data has been used to develop estimates of wetland evapotranspiration. Pre-development wetland extent by vegetation type has also been mapped and related to existing wetland to develop estimates of pre-development wetland and phreatophyte evapotranspiration.

3.5. Review documentation. The review should answer the following questions. If there is a concern or suggested improvement, recommendations shall be provided on actions that could be taken to alleviate those concerns for each of the following:

3.5.1. Are the goals, definitions, methods, and results understandable and make sense?

3.5.2. Are the methods technically sound?

3.5.3. Are methods appropriately applied and results technically sound?

3.5.4. Are assumptions and uncertainties appropriately characterized?

3.5.5. Are there any additional issues, concerns, or suggestions with this work?

4. PERSONNEL QUALIFICATIONS

4.1. Contractor shall be highly experienced working in the field of evapotranspiration.

4.2. The Contractor shall hold a Doctor of Science or Philosophy degree in water resources engineering or in civil engineering with a focus in water resources.

4.3. The Contractor shall also have experience working with METRIC and the et-demands model.

4.4. The Contractor shall have experience working within the Klamath River Basin to have a baseline understanding of the local hydrology, geology, consumptive use, and water operations.

5. PERIOD AND PLACE OF PERFORMANCE

5.1. Work shall be performed at the Contractor’s business location.

5.2. It is anticipated the contract period of performance will be immediate award. The anticipated level of effort is 250 hours.

6. GOVERNMENT-FURNISHED PROPERTY, MATERIALS, AND INFORMATION

6.1. The Government will issue no property to the Contractor.

6.2. The Government will provide to the Contractor all modeling files including input data, source code, configuration files, output data, calibration data, and draft technical memorandum describing model development, calibration, model results, and a discussion of uncertainty.

6.3. Except for those items or services specifically stated to be Government-furnished above, the contractor shall furnish all items (equipment, materials, supplies, incidentals, etc.) required to successfully perform the work required.

7. TRAVEL

7.1. All travel costs associated are included in the awarded contract. No additional travel expenses will be reimbursed without prior written approval by the Contracting Officer.

8. GOVERNMENT VEHICLES Contract employees will not operate any Government vehicle. Before any contractor employee is an occupant in any government vehicle, the contractor employee must sign and submit a Hold Harmless Government Vehicle Release.

9. DELIVERABLES

The contractor will provide their review in a report documenting findings provided to the TSC Technical Lead, ET Technical contact, and Project Manager. The report at a minimum will address all tasks and specific questions defined in the Scope (Section 3). Included in the reports will be a description of findings and recommendations in a document with track changes or a comment matrix (template to be provided by Reclamation). The reports will be provided digitally to the following:

- Technical Lead: Marketa McGuire (mmcguire@usbr.gov),

- ET Technical Contact: Mark Spears (jspears@usbr.gov), and

- Project Manager: Caroline Ubing (cubing@usbr.gov).

Peer Review Report: The contractor will provide their review in reports documenting findings within 30 business days of receiving review materials (referred to as draft product). Reclamation will have 30 business days to respond to comments. Upon receiving comments, the contractor will provide a final, fatal-flaw review to be completed within 15 business days (final product).

10. PERFORMANCE REQUIREMENTS

PARAGRAPH PERFORMANCE OBJECTIVE METHOD OF

OBSERVATION

PERFORMANCE

GOAL

All NA NA NA

10.1 Report is clear, complete, delivered

on time, and require rare-to-no corrections.

Periodic Inspection

Full Compliance

11. IDENTIFICATION OF CONTRACTOR EMPLOYEES:

All contract personnel are required to identify themselves as contractors. Whether attending meetings, answering government telephones, or working in other situations where their contractor status is not obvious to third parties, they must make their status known to avoid creating an impression that they are government employees.

mailto:mmcguire@usbr.gov mailto:jspears@usbr.gov mailto:cubing@usbr.gov

SECTION C - CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services

NOV 2021

--Addendum to 52.212-4--

DIAR 1452.201-70 Authorities and Delegations SEP 2011

As prescribed in section 1401.670-1, insert the following clause:

Authorities and Delegations (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

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):

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

Clauses Title Date 52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance. AUG 2020

52.223-6 Drug-Free Workplace MAY 2001

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

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

DOI-AAAP-0028 Electronic Invoicing And Payment Requirements – Invoice Processing Platform

APRIL 2013

Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP). The IPP website address is: https://www.ipp.gov.

“Payment requests” means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request shall comply with the applicable Prompt Payment clause included in the contract, the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts, or the requirements identified in FAR 52.232-27, Prompt Payment for Construction Contracts, and include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

Concurrent to submitting an invoice in IPP, the contractor may submit any supporting documentation to the contracting officer at ebradford@usbr.gov. Contractors are cautioned that supporting documentation e-mailed to the contracting officer must not conflict with the IPP submission. Conflicts between the IPP submission and supporting documentation may result in a delay in approval and/or rejection of submitted invoices.

When e-mailing supporting documentation to the contracting officer, the subject line of the email shall be formatted as follows: Contract Number, Invoice Number, Contracting Officer's last name (e.g., 140R2018R00000_Invoice No.

http://www.ipp.gov/ http://www.ipp.gov/ mailto:ippgroup@bos.frb.org mailto:ebradford@usbr.gov.

1_Smith). The invoice shall be attached to the email and named using the following format: Contract Number, Contractor Name, Invoice Number, Invoice Amount (e.g., 140R2022R00000_World Test, Inc. - Inv. No. 1 - $5,678).

Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc. The final invoice shall be submitted and will be approved in accordance with payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the ‘Final Invoice’.”

(End of Local Clause)

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

AND LIMITATIONS -- BUREAU OF RECLAMATION

May 2018

a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:

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

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

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

(b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer.

(c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that -

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

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

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

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

(5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

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

(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five

(5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must -

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

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

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

WBR 1452.237-80 SECURITY REQUIREMENTS--BUREAU OF RECLAMATION Mar 2022

(a) General Security Requirements:

(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.

(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the contracting officer. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the contracting officer will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.

(3) The Contractor’s employees governed by this contract may need access to sensitive information and/or sensitive areas. The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.

(4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract.

(5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note: within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes.

(6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated.

(7) All Contractor employees shall access the facility via the facility’s entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times.

Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor immediately, but not later than within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis.

(8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government. The Contractor may be charged up to $500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the COR.

(9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. For all non-U.S. citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual’s passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver’s license is not acceptable identification. In addition, a completed form I-94 shall be submitted to the COR upon the individual’s arrival at the work facility and prior to beginning work.

(10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the contracting officer. The Contractor shall report any information raising a doubt as to whether an individual’s eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust.

(11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government.

(12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts.

(13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents.

(b) Information Security Requirements.

(1) Sensitive Information. The term “sensitive information” means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation Directives and Standards SLE 02-01 Identifying and Safeguarding Controlled Unclassified Information (CUI), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle.

(i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition.

Government-furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the contracting officer may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to-know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the contracting officer.

Prohibited dissemination or disclosure includes but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the contracting officer, records of the names of individuals who have access to sensitive material in its custody and the sensitive material to which the individuals had access. All questions regarding information security, access, and control shall be referred to the COR.

(ii) The Contractor shall not release to anyone outside the Contractor’s organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the contracting officer has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the contracting officer ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the contracting officer.

(iii) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed film or similar information which may affect the security interests of Government has occurred. This requirement extends to employees and other personnel working on behalf of the Contractor, and expands responsibility to include prompt reporting of security issues, including observed or subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive information.

(2) Classified Information.

(i) The disclosure of U.S. Government documents by third parties can result in damage to our national security.

While this contract may not deal directly with classified information, each contractor is obligated to protect http://www.usbr.gov/recman/DandS.html#sle classified information pursuant to all applicable laws and to use Government information technology systems in accordance with agency procedures so that the integrity of such systems is not compromised.

(ii) Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites, or other electronic or non-electronic media) do not alter the documents' classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by Federal employees and contractors, until it is declassified by an appropriate U.S. Government authority. Executive Order 13526, Classified National Security Information (December 29, 2009), Section 1.1.(c) states, "Classified Information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information." Although the Department has taken steps to prevent access to publicly disclosed classified materials from Departmental computers, it is important to understand our continuing duties and responsibilities in this regard.

(iii) Contractors (which include all employees of the contractor, as well as subcontractors and its employees performing work for the contractor) are reminded of the following obligations with respect to the treatment of classified information and the use of unclassified government information technology systems:

(iv) The contractor shall not, while using unclassified Government computers or other devices (such as phones or tablets) access documents that are marked classified (including classified documents made publicly available by a third party), as doing so risks that material still classified will be placed onto unclassified systems. This requirement does not restrict contractor access to unclassified, publicly available news reports (and other unclassified material) that may in turn discuss classified material, as distinguished from access to underlying documents that themselves are marked classified (including if the underlying classified documents are available on public web sites or otherwise in the public domain).

(v) For contracts that require access to classified information, the contractor is responsible for obtaining the required national security clearance through the Department of the Defense National Industrial Security Program Operating Manual (NISPOM). Any classified contracts will be coordinated through the Reclamation Chief Security Officer, or for IT requirements, the Bureau Chief Information Security Officer. No contractor shall access classified information unless proper clearances have been obtained and transmitted to Reclamation. For further information, refer to 443 DM 1 or DOD NISPOM 5220.22-M dated February 28, 2006 (incorporating change 2 dated May 18, 2016).

(vi) Classified information shall not be removed from official premises.

(vii) Classified information shall not be disclosed without proper authorization.

(c) Reserved

--- End of Addendum to 52.212-4 ---

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Services

MAR 2023

(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 and Other Covered Entities (Nov 2021) (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) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78

( 19 U.S.C. 3805 note)).

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

(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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

L. 109-282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

(10) [Reserved].

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

__ (14) (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.

(15) (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.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (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 (Sep 2021) of 52.219-9.

__ (18) (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.

(19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep

2021) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2021) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

(24) 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 (Sep 2021) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

(31) (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_ (32) (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.

(33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (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.)

(37) (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.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

(43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun2016) (E.O. 13693).

(47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

(ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.