W9127N24Q0089 Combined Synopsis Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION

W9127N24Q0089

NPDES PERMIT WATER QUALITY ANALYSIS

U.S. ARMY CORPS OF ENGINEERS, PORTLAND DISTRICT

13 May 2024

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

12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation: quotes are being requested and a written solicitation will not be issued in SAM.

Solicitation W9127N24Q0089 is for water quality analysis to support National Pollution Discharge Elimination

System (NPDES) permits. The following combined synopsis/solicitation is issued as a Request for Quote (RFQ), and the solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 202405 (effective 04/22/2024).

This solicitation is advertised as a Total Small Business set-aside under NAICS Code 541380 – Testing Laboratories and Services. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov to be eligible for award. Lack of active SAM registration will make an offeror ineligible for award.

Quotes must be emailed to darrell.d.hutchens@usace.army.mil on or before 27 May 2024 at 2:00 PM

(Pacific). Hand delivered, faxed, or mailed quotes will not be accepted.

Please see the requirement documents on the following pages mailto:darrell.d.hutchens@usace.army.mil

NPDES Permit Water Quality Analyses 3

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

U.S. Army Corps of Engineers

Portland District Operations

Division

Performance Work Statement (PWS) For

NPDES Lab Services for WA Columbia River March 14, 2024

Prepared by Operations Division Portland District 333 SW 1st Avenue Portland, OR 97208

SCOPE OF WORK

1. Background

The U.S. Army Corps of Engineers (Corps) has been issued National Pollution Discharge Elimination System (NPDES) permits from the Environmental Protection Agency (EPA) Region 10 for Bonneville, The Dalles, and John Day hydroelectric facilities. To ensure the protection of water quality and human health, these permits place limits on the types and amounts of pollutants that can be discharged from the facilities and require routine monitoring of discharge points. The Corps is seeking a certified laboratory for analytical services to demonstrate compliance with NPDES permit limits. Corps personnel will conduct all sampling and packaging of samples.

2. Laboratory Certification The laboratory shall be accredited in accordance with the National Environmental Laboratory Accreditation Program (NELAP); however, in lieu of NELAP accreditation the Laboratory may have a current laboratory accreditation including either the State of Oregon Environmental Laboratory Accreditation Program or the Washington State Department of Ecology Environmental Laboratory Accreditation Program for the analytes required in the task(s). If the laboratory cannot conduct a specific analytical process, they may contract with another laboratory to perform the analysis. All contractors and subcontractors, if any, to be used during the term of the contract must be identified with their list of qualifications, certification, and representative experience.

3. Laboratory Location The laboratory may be located nation-wide.

4. Work Period 17 June 2024 to 30 June 2028

Initial sampling materials to be received from the lab by 17 June 2024. Samples for analysis to be delivered to the lab starting the week of July 8, 2024. The initial samples will have been collected as early as July 1, 2024, using sized appropriate amber bottles with preservative for oil and grease and 1-liter amber prepared bottles for PCB analysis.

5. Task The Corps anticipates 3,578 samples will be submitted for analysis during the work period.

These sampling quantities include an optional line item for unforeseen analytical. The actual quantities may be lower due to variables with the projects’ operations and frequency of the optional analytical. Samples submitted shall not exceed the anticipated quantities specified in this paragraph.

All analytical methods must be approved under the most current 40 CFR part 136, unless a particular method is expressly requested by the Corps. All analyses shall be completed within the allowable holding times listed in 40 CFR 136.3, Table II.

Tables 1 summarizes the sampling quantity, frequency, and parameters for Bonneville, The Dalles, and John Day Projects during the Base Year work period. Table 2 summarizes the sampling quantity, frequency, and parameters for the option years for Bonneville, The Dalles, and John Day Projects.

Table 1 Base Year Sampling Summary

Site Parameter Reporting

Level1 Number of Samples2

Sample Frequency

Number of

Yearly Samples2

Bonneville

Oil and Grease 5.0 mg/L 1 Weekly 52

Oil and Grease 5.0 mg/L 23 Monthly 276

Oil and Grease Short Turnaround

5.0 mg/L 45 Optional 45

Polychlorinated Biphenyls (PCB)

Per EPA Method 608.3

Semi-annual

Polychlorinated Biphenyls (PCB)

Per EPA

Optional

The Dalles

Oil and Grease

5.0 mg/L

Monthly

Oil and Grease Short Turnaround

5.0 mg/L 30 Optional 30

Polychlorinated Biphenyls

(PCB)

Per EPA

Polychlorinated

Biphenyls (PCB)

Per EPA

John Day

Oil and Grease 5.0 mg/L 11 Monthly 132

Oil and Grease Short

5.0 mg/L 45 Optional 45

Polychlorinated Biphenyls (PCB)

Per EPA

Polychlorinated Biphenyls (PCB)

Per EPA

Total < /=

1 Laboratory analytical methods must achieve a minimum level of at least the value listed in the table 2 The actual number of samples will vary based on project equipment operational status and sampling error

Table 2 Option Years Sampling Summary

Site Parameter Reporting

Level1 Number of Samples2

Sample Frequency

Number of

Yearly Samples2

Bonneville

Oil and Grease 5.0 mg/L 23 Monthly 276

Oil and Grease Short Turnaround

5.0 mg/L 45 Optional 45

The Dalles

Oil and Grease

5.0 mg/L

Monthly

Oil and Grease Short

5.0 mg/L 30 Optional 30

Oil and Grease 5.0 mg/L 11 Monthly 132

Oil and Grease Short Turnaround

5.0 mg/L 45 Optional 45

Total < /=

1 Laboratory analytical methods must achieve a minimum level of at least the value listed in the table 2 The actual number of samples will vary based on project equipment operational status and sampling error

In the event samples are delivered above their temperature requirements or outside their hold time, the analytical laboratory shall immediately contact the project contact listed in

Section #7 and not conduct any analysis of samples above the recommended temperature range.

6. Supplies The laboratory shall supply all materials and equipment for safe and method appropriate handling, collection, preservation at no additional charge. Shipping and sample containers and supplies shall be suitable for the sample matrix and analytical method.

The laboratory shall provide sample bottle kits specific to each project in appropriately sized sample coolers. A typical sample bottle kit shall include:

Properly sized sample coolers Preserved sample bottles for oil and grease Prepared sample bottles for PCB GHS labels for any sampling bottle that contains a preservative.

Premade sampling bottle labels for each outfall as provided by project point of contact.

Custody seals Appropriate chemical absorbent pad(s) per each cooler.

Materials for holding wet ice.

Temperature blanks Single sample bottle bubble wraps for each sample bottle Sampling instructions Sufficient shipping labels Chain of custody forms Packaging instructions Any materials required to ship samples, including boxes, packing peanuts, tape, etc.

At a minimum every two weeks or more frequent the contractor shall deliver to each project the appropriate amount of sampling supplies, bottles, and coolers to Bonneville, The Dalles and John Day Projects. Enough coolers will be supplied that allow the project to keep samples once packaged for delivery at 4 ℃ (+/- 2 ℃) until delivered to the laboratory. Coolers will be labeled for proper DOT shipment and sent to the project address listed in Section #7.

The contractor shall coordinate with each project point of contact to ensure each project has at a minimum a one month’s extra supplies and coolers on hand.

7. Deliverables Accurate and complete analytical results shall be provided electronically in a searchable PDF.

For standard samples, all electronic laboratory reports shall be submitted to the Corps within 10 business days of sample receipt by the laboratory. For samples submitted on the short turnaround contract line item number (CLIN) all electronic laboratory reports shall be submitted to the Corps within 5 business days of sample receipt by the laboratory.

Contractor shall provide access to an online database that USACE personnel can access to view chain of custody, receiving report, and lab analysis. At a minimum one account/log in will be provided to each project location and be accessible at all times during this contract.

All analytical reports shall contain Level II QC data packages including the following at a minimum as appropriate.

• Analytical results

• Case Narrative

• Surrogate recoveries

• Chain-of-custody

• Method blank

• Laboratory control sample (LCS) and duplicate (LCSD)

• Matrix spike (MS) and Matrix spike duplicate (MSD)

If discrepancies are found, an updated report will be created and sent electronically to the project contact and COR.

Exceedances of reporting levels will be reported to the project contact and COR listed in Section #7 immediately.

All electronic laboratory reports shall be submitted to Carson.T.Freels@usace.army.mil, and to the individual identified below for each specific project:

Bonneville Project:

Attn: Courtney Krause Courtney.L.Krause@usace.army.mil Service Building Exit 40, Interstate 84 Cascade Locks, OR 97014-0150

Attn: Jim Gross James.M.Gross@usace.army.mil Service Building

The Dalles Project:

Attn: Wylesha Wilcox Wylesha.L.wilcox@usace.army.mil Service Building Exit 88, Interstate

84 The Dalles, OR 97058

Attn: Cookie Rivera Alice.M.Rivera@usace.army.mil Service Building Exit 88, Interstate 84 The Dalles, OR 97058

Project: Attn:

Glyn Phelps Glyn.E.phelps@usace.army.mil Exit 109, Interstate 84 Rufus, OR 97050

Attn: Joe Petersen Joseph.R.Petersen@usace.army.mil Exit 109, Interstate 84 Rufus, OR 97050

8. Return Shipping The Contractor shall provide/coordinate regularly scheduled pickup and delivery. The Contractor shall be required to accept shipments for pickup until the close of business established by each shipping activity, confirm shipments for pickup, and adhere to the delivery schedules of each receiving activity. Return shipping options shall be provided that allow the coolers to be delivered back to the Contractor’s laboratory at 4 ℃ (+/- 2 ℃) until delivered and received by the laboratory.

The Contractor shall provide delivery/return service between 8:00 a.m. and 5:00 p.m. local time Monday through Thursday excluding Federal holidays.

9. Installation Security The Contractor shall comply with all local security regulations. Security regulations are directive in nature and shall be adhered to by all Contractor personnel.

The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information or operations, sensitive information or activities, or restricted areas.

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

10. Pick Up Locations

The following pick-up locations will be utilized for this task order:

Bonneville Project Attn: Courtney Krause Courtney.L.Krause@usace.army.

mil Service Building

The Dalles Project Attn: Wylesha Wilcox Wylesha.L.Wilcox@usace.army.mil Service Building Exit 88, Interstate 84 The Dalles, OR 97058

Project Attn:

Glyn Phelps Glyn.E.Phelps@usace.army.mil Exit 109, Interstate 84 Rufus, OR 97050

11. Additional Services The Contractor shall not perform any services under this contract which are considered by the Contractor to be a change in the work or services required by this agreement without the written approval of the Contracting Officer.

12. Correction of Unsatisfactory Work The Contracting Officer's Representative maintains the right to reject any work that is found to be in error, incomplete, illegible, or in any way not conforming to the specifications outlined in this purchase order. The Contractor shall be liable for all costs in connection with correcting such errors. Corrective work may be performed by Government forces or by Contractor forces at the discretion of the Contracting Officer.

13. Use of Information The information developed, gathered, assembled, and reproduced by the Contractor or his Subcontractors, or their associates in fulfillment of the task order requirements as defined in or related to this Statement of Work, will become the complete property of the Government.

Therefore, the Contractor will not use the information for any purpose at any time without the written consent of the Contracting Officer.

14. Release of Information Reports and information generated under this contract become the property of the Government and distribution by the Contractor to any source, for any purpose, at any time, without the written consent of the Contracting Officer is prohibited.

15. Invoicing Each sample will receive a unique alpha-numeric sample number. The sample number will include the Task Code, Project name, and 3-digit outfall number. For example, a sample collected at outfall 001 at Bonneville Dam would have the following identifier: H-Bonneville- 001.

The Task Code is a single letter H, J, N, and F. The letters stand for Hydro, Joint, Navigation, Fish. They represent the funding source of the sample taken. Invoices will need to be broken down for billing based on the Task Code, sample type, and number of samples analyzed.

Invoices shall include the period of performance for the work. When submitting the invoices, the contractor shall provide the corresponding chain of custody.

Contractor shall submit a single invoice per calendar month per Project for those final analytical reports delivered in the calendar month. Payment will be made after receipt of a proper invoice and final analytical report. When submitting invoices please ensure that the contract/purchase order number is on the invoice, along with the business name that matches the legal name in the System for Award Management (SAM) record and not the ‘Doing Business As’ (DBA) name. Failure to ensure that the legal business name on the invoice and the legal business name in the SAM record could delay the processing of the invoice and may result in the invoice being rejected.

Contractor shall submit all invoices to Carson.T.Freels@usace.army.mil.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 52 Week Bonneville - Oil and Grease 5.0 mg/L

FFP

1 sample weekly for 52 weeks FOB: Destination

NET AMT

0002 12 Months Bonneville - Oil and Grease 5.0 mg/L

FFP

23 samples per month for 12 months = 276 samples

0003 45 Each Bonneville - Oil and Grease 5.0 mg/L

FFP

Short Turn Around This CLIN will be used for retesting of samples or additional Oil and Grease testing that may be needed.

0004 8 Semiannua l

Bonneville - Polychlorinated Biphenyls

FFP

Polychlorinated Biphenyls (PCB) Per EPA Method 608.3 4 Samples Semi-annually

0005 4 Each Bonneville - Polychlorinated Biphenyls

FFP

Polychlorinated Biphenyls (PCB) Per EPA Method 608.3 4 Samples Semi-annually This CLIN will be used for any retesting or addtional PCB testing needed

0006 21 Months The Dalles - Oil and Grease 5.0 mg/L

FFP

21 samples per month for 12 months = 252 Samples

0007 30 Each The Dalles - Oil and Grease 5.0 mg/L

FFP

Short Turn Around This CLIN will be used for retesting of samples or additional Oil and Grease

0008 10 Semiannua

The Dalles - Polychlorinated Biphenyls

Polychlorinated Biphenyls (PCB)

0009 5 Each The Dalles - Polychlorinated Biphenyls

FFP

Polychlorinated Biphenyls (PCB) Per EPA Method 608.3 4 Samples Semi-annually

0010 52 Week John Day - Oil and Grease 5.0 mg/L

FFP

0011 12 Months John Day- Oil and Grease 5.0 mg/L

FFP

11 samples per month for 12 months = 132 samples

0012 45 Each John Day - Oil and Grease 5.0 mg/L

FFP

Short Turn Around This CLIN will be used for retesting of samples or additional Oil and Grease

0013 10 Semiannua

John Day - Polychlorinated Biphenyls

Polychlorinated Biphenyls (PCB)

0014 5 Each John Day - Polychlorinated Biphenyls

FFP

Polychlorinated Biphenyls (PCB) Per EPA Method 608.3 4 Samples Semi-annually

1001 52 Week OPTION Bonneville - Oil and Grease 5.0 mg/L

FFP

1002 12 Months OPTION Bonneville - Oil and Grease 5.0 mg/L

FFP

1003 45 Each OPTION Bonneville - Oil and Grease 5.0 mg/L

FFP

Short Turn Around This CLIN will be used for retesting of samples or additional Oil and Grease

1004 21 Months OPTION The Dalles - Oil and Grease 5.0 mg/L

FFP

1005 30 Each OPTION The Dalles - Oil and Grease 5.0 mg/L

FFP

Short Turn Around This CLIN will be used for retesting of samples or additional Oil and Grease

1006 52 Week OPTION John Day - Oil and Grease 5.0 mg/L

FFP

1007 12 Months OPTION John Day- Oil and Grease 5.0 mg/L

FFP

1008 45 Each OPTION John Day - Oil and Grease 5.0 mg/L

FFP

Short Turn Around This CLIN will be used for retesting of samples or additional Oil and Grease

2001 52 Week OPTION Bonneville - Oil and Grease 5.0 mg/L

FFP

2002 12 Months OPTION Bonneville - Oil and Grease 5.0 mg/L

FFP

2003 45 Each OPTION Bonneville - Oil and Grease 5.0 mg/L

FFP

Short Turn Around This CLIN will be used for retesting of samples or additional Oil and Grease

2004 21 Months OPTION The Dalles - Oil and Grease 5.0 mg/L

FFP

2005 30 Each OPTION The Dalles - Oil and Grease 5.0 mg/L

FFP

Short Turn Around This CLIN will be used for retesting of samples or additional Oil and Grease

2006 52 Week OPTION John Day - Oil and Grease 5.0 mg/L

FFP

2007 12 Months OPTION John Day- Oil and Grease 5.0 mg/L

FFP

2008 45 Each OPTION John Day - Oil and Grease 5.0 mg/L

FFP

Short Turn Around This CLIN will be used for retesting of samples or additional Oil and Grease

3001 52 Week OPTION Bonneville - Oil and Grease 5.0 mg/L

FFP

3002 12 Months OPTION Bonneville - Oil and Grease 5.0 mg/L

FFP

3003 45 Each OPTION Bonneville - Oil and Grease 5.0 mg/L

FFP

Short Turn Around This CLIN will be used for retesting of samples or additional Oil and Grease

3004 21 Months OPTION The Dalles - Oil and Grease 5.0 mg/L

FFP

3005 30 Each OPTION The Dalles - Oil and Grease 5.0 mg/L

FFP

Short Turn Around This CLIN will be used for retesting of samples or additional Oil and Grease

3006 52 Week OPTION John Day - Oil and Grease 5.0 mg/L

FFP

3007 12 Months OPTION John Day- Oil and Grease 5.0 mg/L

FFP

3008 45 Each OPTION John Day - Oil and Grease 5.0 mg/L

FFP

Short Turn Around This CLIN will be used for retesting of samples or additional Oil and Grease

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government 0011 N/A N/A N/A Government 0012 N/A N/A N/A Government 0013 N/A N/A N/A Government 0014 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 1003 N/A N/A N/A Government 1004 N/A N/A N/A Government 1005 N/A N/A N/A Government 1006 N/A N/A N/A Government 1007 N/A N/A N/A Government 1008 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 2003 N/A N/A N/A Government 2004 N/A N/A N/A Government

2005 N/A N/A N/A Government 2006 N/A N/A N/A Government 2007 N/A N/A N/A Government 2008 N/A N/A N/A Government 3001 N/A N/A N/A Government 3002 N/A N/A N/A Government 3003 N/A N/A N/A Government 3004 N/A N/A N/A Government 3005 N/A N/A N/A Government 3006 N/A N/A N/A Government 3007 N/A N/A N/A Government 3008 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUL-2024 TO

30-JUN-2025

N/A BONNEVILLE LOCK & DAM PROJECT

COURTNEY KRAUSE

USACE PORTLAND DISTRICT

BONNEVILLE LOCK AND D

CASCADE LOCKS OR 97014-0150

960412

0002 POP 01-JUL-2024 TO

30-JUN-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-JUL-2024 TO

N/A THE DALLES DAM

WYLESHA WILCOX

USACE PORTLAND DISTRICT

I-84 EXIT 88

THE DALLES JOHN DAY PROJECT

THE DALLES OR 97058

960410

0007 POP 01-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 01-JUL-2024 TO

N/A JOHN DAY-WILLOW CREEK PROJECT

GLYN PHELPS

I-84, EXIT 109

RUFUS OR 97050-0823

960438

0011 POP 01-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0012 POP 01-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0013 POP 01-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0014 POP 01-JUL-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JUL-2025 TO

30-JUN-2026

N/A BONNEVILLE LOCK & DAM PROJECT

COURTNEY KRAUSE

USACE PORTLAND DISTRICT

BONNEVILLE LOCK AND D

CASCADE LOCKS OR 97014-0150

1002 POP 01-JUL-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-JUL-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-JUL-2025 TO

N/A THE DALLES DAM

WYLESHA WILCOX

USACE PORTLAND DISTRICT

I-84 EXIT 88

THE DALLES JOHN DAY PROJECT

THE DALLES OR 97058

1005 POP 01-JUL-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-JUL-2025 TO

N/A JOHN DAY-WILLOW CREEK PROJECT

GLYN PHELPS

I-84, EXIT 109

RUFUS OR 97050-0823

1007 POP 01-JUL-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-JUL-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JUL-2026 TO

30-JUN-2027

N/A BONNEVILLE LOCK & DAM PROJECT

COURTNEY KRAUSE

USACE PORTLAND DISTRICT

BONNEVILLE LOCK AND D

CASCADE LOCKS OR 97014-0150

2002 POP 01-JUL-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-JUL-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-JUL-2026 TO

N/A THE DALLES DAM

WYLESHA WILCOX

USACE PORTLAND DISTRICT

I-84 EXIT 88

THE DALLES JOHN DAY PROJECT

THE DALLES OR 97058

2005 POP 01-JUL-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-JUL-2026 TO

N/A JOHN DAY-WILLOW CREEK PROJECT

GLYN PHELPS

I-84, EXIT 109

RUFUS OR 97050-0823

2007 POP 01-JUL-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-JUL-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-JUL-2027 TO

30-JUN-2028

N/A BONNEVILLE LOCK & DAM PROJECT

COURTNEY KRAUSE

USACE PORTLAND DISTRICT

BONNEVILLE LOCK AND D

CASCADE LOCKS OR 97014-0150

3002 POP 01-JUL-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-JUL-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-JUL-2027 TO

N/A THE DALLES DAM

WYLESHA WILCOX

USACE PORTLAND DISTRICT

I-84 EXIT 88

THE DALLES JOHN DAY PROJECT

THE DALLES OR 97058

3005 POP 01-JUL-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-JUL-2027 TO

N/A JOHN DAY-WILLOW CREEK PROJECT

GLYN PHELPS

I-84, EXIT 109

RUFUS OR 97050-0823

3007 POP 01-JUL-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 01-JUL-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

FEB 2024

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

NOV 2023

52.217-5 Evaluation Of Options JUL 1990 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7007 Alternate A, Annual Representations and Certifications NOV 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021 252.225-7000 Buy American--Balance Of Payments Program Certificate FEB 2024 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7015 Performance-Based Payments--Representation DEC 2022 252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will awarda contract resulting from this solicitation to the lowest priced offeror.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

(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)).

(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: [Contracting Officer check as appropriate.]

___ (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.)

___ (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).

___ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

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

XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

___ (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).

___ (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.

XX (12) 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).

XX (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]

____ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

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

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219-9.

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

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (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).

XX (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (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. 657s).

XX (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

XX (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

XX (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.

XX (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.

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

XX (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (39)(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).

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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 (JUN 2016) (E.O. 13693).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (44)(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.

____ (45)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (47)(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.

XX (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (52) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (53)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (FEB 2024) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (54) 52.225-5, Trade Agreements (NOV 2023) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XX (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (63) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

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

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

XX (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

XX (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).

(xvi) xx (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (MAR 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67.)

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C.