B.08 Combined Solicitation - W912DW27QA001 - NPDES Sampling Service.pdf

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

AND 52.212-5 ARE ATTACHED. ADDENDA

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

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

calls)

Section A - Solicitation/Contract Form

Chief Joseph Dam (CJD) NPDES Sampling Service (Base plus 4 Option Years)Instrument Name:

Product Service Code : B533

QUOTER INSTRUCTIONS

1. The Solicitation (RFQ) Number is: as described in Block 5 of this solicitationW912DW27QA001 (page 1). The title is CJD NDPES Sampling Service.

2. Per Block 10 of this solicitation (page 1) this is a Full and Open Competition acquisition. The NAICS code for this requirement is with a 541380 - Testing Laboratories and Services Size

. The Standard of $16.5M PSC is B533 - Special Studies / Analysis - Water Quality.

3. See the Performance Work Statement (PWS) for a complete description of this requirement.

4. Closing Date and Time Due: .19 October 2026 NLT 1200 PST

5. Award will be made as a Firm-Fixed Priced Purchase Order to the lowest priced quote whose quote conforms to the requirement of the solicitation and where price has been determined fair and reasonable. The quoter must provide pricing for ALL items in the solicitation for its quote to be acceptable to the Government. Quotes must set forth full, accurate and complete information as required by the RFQ.

Multiple quotes are not accepted for this RFQ. If multiple quotes are received only one quote (as determined by the Contracting Officer) will be evaluated by the Government. The quote shall be determined acceptable based on the date and time received.

6. Quotes shall be emailed to della.s.overton@usace.army.mil with the subject line "RFQ . All questions resulting from this RFQ shall be submitted by close of businessW912DW27QA001" two (2) days prior to the closing date. For questions email the aforementioned email address. For timely submitted inquiries, responses may be posted as an amendment to the solicitation via Contract Opportunities website at www.sam.gov prior to the RFQ closing date. Quoters are responsible for reviewing the Contract Opportunities website for any posted amendments to the

RFQ.

7. PROSPECTIVE OFFERORS: Contractors shall be registered in the System for Awards Management (SAM) prior to award of a contract or agreement resulting from solicitations.

"Registered in the System for Award Management (SAM) database" means that -

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

W912DW27QA001

(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

(4) The Government has marked the record "Active".

This rule more efficiently implements the Debt Collection Improvement Act of 1996, as it requires contractors to be registered in SAM for consideration of future solicitations, awards, and payment.

Registration is required prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement from a solicitation. LACK OF REGISTRATION IN THE SAM

. The web site may be accessed DATABASE WILL MAKE AN OFFER INELIGIBLE FOR AWARD at www.sam.gov.

8. ELECTRONIC FUNDS TRANSFER (EFT): The Government will make all payments by EFT.

The USACE Finance Center (UFC) has altered their process for obtaining electronic funds transfer (EFT) banking information utilized for vendor contract payment and will no longer accept UFC Form 23 to update EFT banking information for vendors. Banking information for all vendors will be retrieved from SAM.gov and entered into CEFMS II. There are no exceptions to this policy change.

All contractors must notify the UFC via e-mail at: cefc-fc-eft@usace.army.mil when banking information has been updated in SAM.gov. Compliance with this requirement will help ensure timely payment to the correct back account.

9. State and Local Taxes

The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142.

Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers or subcontractors.

It is the contractor's responsibility to investigate applicable federal, state, and local taxes, along with any specific exemptions that may exist. This includes any applicable Value-Added Taxes (VAT), sales, use, and excise taxes.

The U.S. Army Corps of Engineers will not accept any invoice with a separate tax line. If there are any appropriate taxes, the contractor may considerer that tax as the cost of doing business and incorporate that cost within the cost of the item or job.

10. Submittals MUST include: a, c, d, e, and 11 (Failure to complete any of the following tasks renders your quote ineligible)

a) Signed and dated STANDARD FORM 1449 (Solicitation/ Contract/ Order for Commercial Items). See blocks 30a, b, and c.

b) Signed and dated STANDARD FORM 30, if applicable, for any Amendments to the solicitation.

See blocks 15a, b, and c.

c) Completed pricing information for all CLIN items.

d) Completed full text clauses that require fill-in information.

e) Required items in #11 below.

11. PLEASE COMPLETE INFORMATION BELOW. The contractor is required to provide the following information with your quote:

Federal Taxpayer's ID Number (EIN): ___________________________________________

Unique Entity ID (UEI): _______________________________________________________

Cage Code Number: _________________________________________________________

Remit to Address: ___________________________________________________________

Company Name: ____________________________________________________________

DBA: _____________________________________________________________________

Address: __________________________________________________________________

City/State/Zip: ______________________________________________________________

Phone & Fax Numbers: _______________________________________________________

Point of Contact: ____________________________________________________________

E-Mail Address: _____________________________________________________________

PERFORMANCE WORK STATEMENT (PWS)

National Pollutant Discharge Elimination System (NPDES) Laboratory Services 01 October 2026

SCOPE OF WORK

1.0 Overview

The Chief Joseph Dam Project is a hydroelectric facility operated by the U.S. Army Corps of Engineers (Corps), Seattle District. The dam is located on the Columbia River at Hwy 17 & Pearl Hill Rd, Bridgeport, WA 98813.

The Corps has been issued a National Pollutant Discharge Elimination System (NPDES) permit from the U.S.

Environmental Protection Agency (EPA) Region 10 for the Chief Joseph Dam Project. To ensure the protection of water quality and human health, this NPDES permit establishes limits on the types and amounts of pollutants that can be discharged from the Project and requires routine monitoring of discharge points. The Corps is seeking an accredited laboratory for analytical services to demonstrate compliance with the NPDES permit limits for Oil and Grease. Corps personnel will conduct all sampling and packaging, and schedule pickup of coolers for delivery of the samples to the laboratory.

2.0 Laboratory Accreditation

The laboratory shall be accredited in accordance with the National Environmental Laboratory Accreditation Program (NELAP) or have a current laboratory accreditation with the Washington State Department of Ecology Environmental Laboratory Accreditation Program for the analyte(s) 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, shall submit at least one of the above accreditations qualifications/certificates when submitting their quote per FAR 52.212-2 Evaluation – Commercial Items.

3.0 Laboratory Location

The laboratory must be located within 200 road miles of Bridgeport, WA.

4.0 Work Performance Period

The base year and option years are shown below. Option years may be exercised at the Government’s discretion.

Base year: 01 Nov 2026 – 31 Oct 2027

Option year 1: 01 Nov 2027 – 31 Oct 2028 Option year 2: 01 Nov 2028 – 31 Oct 2029 Option year 3: 01 Nov 2029 – 31 Oct 2030 Option year 4: 01 Nov 2030 – 31 Oct 2031

5.0 Task

The Corps anticipates 540 samples will be submitted for analysis during the base year and for each of the option years. These sampling quantities include an optional line item for unforeseen analytical. The actual quantities may be lower due to variables with facility operations and frequency of the optional analytical. Samples submitted shall not exceed the anticipated quantities specified in this paragraph. Only actual quantities performed shall be invoiced.

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 analysis shall be completed within the allowable holding times listed in 40 CFR 136.3, Table II.

Tables 1 and 2 summarize the sampling quantity, frequency, and parameters for the Chief Joseph Dam Project during the base and option years.

In accordance with FAR 52-217-7 OPTION FOR INCREASED QUANTITY, the Contracting Officer may exercise option items by written notice to the Contractor within the Period of Performance, but no less than 30 days prior to the end of the Period of Performance. The Period of Performance may be extended to accommodate performing Option Items.

Table 1 – Sampling Summary Parameter Reporting Level1 Number of

Samples2 Sample

Frequency Number of

Yearly Samples2 Base Item Oil and Grease 5.0 mg/L < /= 45 Monthly < /= 540

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

6.0 Supplies

The laboratory shall supply all materials and equipment for the safe and method appropriate handling, collection, and preservation of samples. Shipping and sample containers and supplies shall be suitable for the sample matrix and analytical method.

The laboratory shall provide sample bottle kits to the Chief Joseph Dam Project in properly sized sample coolers.

A typical sample bottle kit shall include:

• Properly sized sample coolers

• Pre-labeled and preserved sample bottles

• Materials for holding wet ice.

• Temperature blanks (when required)

• Sampling instructions

• Sufficient shipping labels

• Chain of custody forms

• Packaging instructions

• Any materials required to ship samples, including boxes, packing materials, etc.

The laboratory shall deliver the appropriate amount of sample bottle kits and coolers at least once per month.

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.

In addition to the sample kits, the laboratory must provide one (1) additional month supply of sample bottles and labels to be held in stock at the project to be used as replacements for damaged bottles or unplanned verification sampling.

7.0 Deliverables

Accurate and complete analytical results shall be provided electronically in a searchable PDF. All electronic laboratory reports shall be submitted to the Corps within 10 business days of sample receipt by the laboratory.

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.

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

All electronic laboratory reports shall be submitted to marshall.a.grip@usace.army.mil and brad.c.nygaard@usace.army.mil.

Chief Joseph Dam Project Warehouse Attn:

Marshall Grip or Bradley Nygaard Hwy 17 & Pearl Hill Road.

Bridgeport WA 98813 - 1120

8.0 Shipping

The Contractor shall provide regularly scheduled pickup and delivery of supplies listed in section 6.0. The Contractor shall be required to accept shipments until the close of business, confirm shipments for pickup, and adhere to the delivery schedules of each receiving activity. Shipping options shall be provided that allow the coolers to be delivered to the Contractor’s laboratory at a temperature of 4 ℃ (+/- 2 ℃) until delivered and received by the laboratory. Shipping shall be 2-day ground expedited delivery to ensure the temperature remains within the specified limits for the samples and to ensure timely reporting.

In some circumstances Project staff may deem it appropriate to self-transport samples or directly pick up sampling supplies from the drop-off/pick-up location. The contractor and Project staff will coordinate as needed to pick-up/drop-off supplies in the regular delivery/return service times between 6:30 a.m. and 4:30 p.m. local time. In the event that supplies or samples are self-transported transit will be the sole responsibility of USACE staff.

The Contractor shall provide delivery/return service between 6:30 a.m. and 4:30 p.m. PST, Monday through Thursday, excluding observed federal holidays as listed here: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/#url=Overview

9.0 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.

10.0 Pick Up Locations

Chief Joseph Dam Project Warehouse Hwy 17 & Pearl Hill Road.

Bridgeport WA 98813 - 1120

11.0 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 written approval of the Contracting Officer.

12.0 Correction of Unsatisfactory Work

The Contractor shall adhere to the requirements outlined in the Quality Assurance Surveillance Plan (QASP).

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.

13.0 Use of Information

The information developed, gathered, assembled, and reproduced by the Contractor or its 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.

14.0 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.

15.0 Invoicing

Each sample will receive a unique alpha-numeric sample number. The sample number will include the Task Code, Project identifier, and the 3 or 4-digit outfall number. For example, a sample collected at outfall 001 at Chief Joseph Dam would have the following identifier: H-ODC-001.

The Task Code is a single letter H or J. The letters stand for Hydro or Joint and represents the funding source of the sample taken. Invoices will need to be broken down for billing based on the Task Code and sample type.

Payment will be made after receipt of a proper invoice. When submitting invoices please ensure that the contract 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)

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 to send billing information to:

Chief Joseph Dam Project Attn: CENWS-ODC– Michael Ricetti Hwy 17 & Pearl Hill Road.

Bridgeport WA 98813 - 1120

Email: Michael.D.Ricetti@usace.army.mil

End of PWS

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

For: NPDES LABORATORY SERVICES

Contract Number: TBD

Contractor’s name: TBD (hereafter referred to as the contractor).

Contract Description: This contract is for laboratory services to include water quality sample analysis for National Pollutant Discharge Elimination System (NPDES) permit compliance at Chief Joseph Dam, Seattle District Army Corps of Engineers.

TABLE OF CONTENTS

1 INTRODUCTION

1.1 Purpose

1.2 Performance Management Approach

1.3 Performance Management Strategy

2 ROLES AND RESPONSIBILITIES

2.1 The Contracting Officer

2.2 The Contracting Officer’s Representative

3 IDENTIFICATION OF REQUIRED PERFORMANCE STANDARDS/QUALITY LEVELS

4 METHODOLOGIES TO MONITOR PERFORMANCE

4.1 Surveillance Techniques

4.2 Monitoring Forms

5 ANALYSIS OF QUALITY ASSURANCE ASSESSMENT

5.1 Determining Performance

5.2 Documenting Performance

5.3 Reviews and Resolution

ATTACHMENT 1: QUALITY ASSURANCE MONITORING FORM

ATTACHMENT 2: QUALITY ASSURANCE MONITORING CHECKLIST

ATTACHMENT 3: CONTRACT DISCREPANCY REPORT

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

1 INTRODUCTION

This quality assurance surveillance plan (QASP) is pursuant to the requirements listed in the performance work statement (PWS) entitled NPDES Water Quality Analyses. This plan sets forth the procedures and guidelines the U.S. Army Corps of Engineers (USACE), Seattle District, will use in ensuring the required performance standards or services levels are achieved by the contractor.

1.1 Purpose

1.1.1 The purpose of the QASP is to describe the systematic methods used to monitor performance and to identify the required documentation and the resources to be employed. The QASP provides a means for evaluating whether the contractor is meeting the performance standards/quality levels identified in the PWS and the contractor’s quality control plan (QCP), and to ensure that the government pays only for the level of services received.

1.1.2 This QASP defines the roles and responsibilities of all members of the integrated project team (IPT), identifies the performance objectives, defines the methodologies used to monitor and evaluate the contractor’s performance, describes quality assurance documentation requirements, and describes the analysis of quality assurance monitoring results.

1.2 Performance Management Approach

1.2.1 The PWS structures the acquisition around “what” service or quality level is required, as opposed to “how” the contractor should perform the work (i.e., results, not compliance). This QASP will define the performance management approach taken by USACE Seattle District Projects to monitor and manage the contractor’s performance to ensure the expected outcomes or performance objectives communicated in the PWS are achieved. Performance management rests on developing a capability to review and analyze information generated through performance assessment. The ability to make decisions based on the analysis of performance data is the cornerstone of performance management; this analysis yields information that indicates whether expected outcomes for the project are being achieved by the contractor.

1.2.2 Performance management represents a significant shift from the more traditional quality assurance (QA) concepts in several ways. Performance management focuses on assessing whether outcomes are being achieved and to what extent. This approach migrates away from scrutiny of compliance with the processes and practices used to achieve the outcome. A performance-based approach enables the contractor to play a large role in how the work is performed, as long as the proposed processes are within the stated constraints.

The only exceptions to process reviews are those required by law (federal, state, and local) and compelling business situations, such as safety and health. A “results” focus provides the contractor flexibility to continuously improve and innovate over the course of the contract as long as the critical outcomes expected are being achieved and/or the desired performance levels are being met.

1.3 Performance Management Strategy

1.3.1 The contractor is responsible for the quality of all work performed. The contractor measures that quality through the contractor’s own quality control (QC) program. QC is work output, not workers, and therefore includes all work performed under this contract regardless of whether the work is performed by contractor or by subcontractors. The contractor’s QCP will set forth the staffing and procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements in the PWS. The contractor will develop and implement a performance management system with processes to assess and report its performance to the designated government representative. The contractor’s QCP will set forth the staffing and procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements in the PWS. This QASP enables the government to take advantage of the contractor’s QC program.

1.3.2 The government representative(s) will monitor performance and review performance reports furnished by the contractor to determine how the contractor is performing against communicated performance objectives. The government will make determination regarding incentives based on performance measurement metric data and notify the contractor of those decisions. The contractor will be responsible for making required changes in processes and practices to ensure performance is managed effectively.

2 ROLES AND RESPONSIBILITIES

2.1 The Contracting Officer

The contracting officer (KO) is responsible for monitoring contract compliance, contract administration, and cost control and for resolving any differences between the observations documented by the Contracting Officer’s Representative (COR), Quality Assurance Representative (QAR), and the contractor. The KO will designate one full-time COR as the government authority for performance management. The number of additional representatives serving as technical inspectors depends on the complexity of the services measured, as well as the contractor’s performance, and must be identified and designated by the KO.

2.2 The Contracting Officer’s Representative

The contracting officer’s representative (COR) is designated in writing by the KO to act as his or her authorized representative to assist in administering a contract. COR limitations are contained in the written appointment letter. The COR is responsible for technical administration of the project and ensures proper government surveillance of the contractor’s performance. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the government’s behalf. Any changes that the contractor deems may affect contract price, terms, or conditions shall be referred to the KO for action. The COR will have the responsibility for completing QA monitoring forms used to document the inspection and evaluation of the contractor’s work performance. Government surveillance may occur under the inspection of services clause for any service relating to the contract.

3 IDENTIFICATION OF REQUIRED PERFORMANCE STANDARDS/QUALITY LEVELS

The required performance standards and/or quality levels are included in the PWS and detailed in Table 1.

If the contractor meets the required service or performance level, it will be paid the monthly amount agreed on in the contract. The quality of contractor performance will be reported to the Contractor Performance Assessment Reports System (CPARS).

Table 1_Performance Requirements Summary

Performance Objective

Standard

PERFORMANCE

THRESHOLD

Method of

Surveillance

Conduct sampling meeting quantity requirements

Item #5 Tasking in performance Work Statement

0 deficiencies permitted

Periodic

Conduct sampling meeting frequency requirements

Item #5 Tasking in performance Work Statement

0 deficiencies permitted

Periodic

Conduct sampling meeting parameter requirements

Table 1 Requirements 0 deficiencies permitted

Periodic

Deliver all required supplies biweekly or monthly

Item #6 Supplies in performance work statement

0 deficiencies permitted

100% Inspection

Deliver electronic results within 10 business days of receiving samples

Item #7 Deliverables 0 deficiencies permitted

Random Monitoring

Work with project to provide pickup and delivery of lab samples

Item #8 Shipping 0 deficiencies permitted

Random Monitoring

4 METHODOLOGIES TO MONITOR PERFORMANCE

4.1 Surveillance Techniques

To minimize the performance management burden, simplified surveillance methods shall be used by the government to evaluate contractor performance when appropriate. The primary methods of surveillance are:

Random Monitoring, which shall be performed by the COR and/or Project Point of Contact (POC) designated inspector.

100% Inspection – Each month or per task order, the COR and/or Project POC shall oversee onsite Contractor activities with respect to the Performance Requirements Summary (Attachment 1) and complete the Quality Assurance Monitoring Form (Attachment 2).

Periodic Inspection – The COR and/or Project POC will perform the periodic inspection on an annual basis using the Quality Assurance Checklist and Monitoring Forms (Attachments 2 & 3).

The District ECC as needed will also perform an annual inspection of onsite Contractor activities as well as an inspection of the Contractor’s facilities.

Customer Complaint – Periodic inspections may also be conducted by the COR and/or Project POC because of complaints received from project personnel.

Surveillance results may be used as the basis for actions (to include payment deductions) against the contractor. In such cases, the Inspection of Services clause in the Contract becomes the basis for the KO’s actions.

4.2 Monitoring Forms

The government’s QA surveillance, accomplished by the COR and/or Project POC, will be reported using the monitoring forms in Attachments 1 and 2. The forms, when completed, will document the government’s assessment of the contractor’s performance under the contract to ensure that the required results are achieved.

5 ANALYSIS OF QUALITY ASSURANCE ASSESSMENT

5.1 Determining Performance

Government shall use metrics and methods designed to determine if performance exceeds, meets, or does not meet a given PRS standard. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:

EXCEPTIONAL:

Performance significantly exceeds contract requirements to the Government’s benefit.

SATISFACTORY: Performance meets contractual requirements.

UNSATISFACTORY: Performance does not meet contractual requirements.

5.2 Documenting Performance

5.2.1 Acceptable Performance

The Government shall document positive performance. A report template is attached. Any report may become a part of the supporting documentation for fixed fee payments, award fee payments, or other actions.

5.2.2 Unacceptable Performance

When unacceptable performance occurs, the COR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file and courtesy copy the KO.

5.3 Reviews and Resolution

5.3.1 Contract Discrepancy Report (CDR)

When the COR determines formal written communication is required, the COR shall prepare a CDR, see attachment 3 and present it to the contractor's primary or alternate point of contact.

5.3.2 Receipt Acknowledgement

The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability. must coordinate and communicate with the contractor to resolve issues and concerns regarding marginal or unacceptable performance. Any CDRs may become a part of the supporting documentation for contract payment deductions, fixed fee deductions, award fee nonpayment, or other actions deemed necessary by the KO.

5.3.3 Payment Deductions

Due to the critical nature of the support, the contractor’s performance will be compared to contract requirements monthly against the Acceptable Quality Levels using this Quality Assurance Surveillance Plan to guide evaluations and the 100% inspection to document findings. The Government’s primary quality assurance procedures are based on validated customer complaints and incidental inspections by the COR.

ATTACHMENT 1 : QUALITY ASSURANCE MONITORING FORM

1. Contract Number:

2. Prepared by: (Name of COR)

3. Date and Time of Observation:

4. Observation:

5. Surveillance Method (Check):

Random Monitoring 100% Inspection Periodic Inspection Customer Complaint

6. Level of Surveillance (Check):

Monthly Annually As needed

7. Percentage of items sampled during survey period: %

8. Analysis of Results:

Observed service provider performance measurement rate: %

Service Provider’s Performance (Check):

Exceptional Satisfactory Unsatisfactory

9. Narrative of Performance During Survey Period:

PREPARED BY: DATE:

ATTACHMENT 2 : QUALITY ASSURANCE MONITORING CHECKLIST

1 Sampling Yes/No Date Comments

Correct Sample QuanƟty

Correct Sample Frequency

Correct Sample Parameters

2 Equipment

Properly Sized Coolers

Sample BoƩles

Wet Ice Bags – Containers

Temperature Blanks

Sampling InstrucƟons

Shipping Labels

Chain of Custody Forms

Packaging InstrucƟons

3 Performance Yes/No Date Comments

Supplies Delivered on Time

Reports Delivered on Time

4 Deliverables Yes/No Date Comments

AnalyƟcal Results

Case NarraƟve

Surrogate Recoveries

Chain-of-Custody

Method Blank

Laboratory Control Sample

Laboratory Control Sample Duplicate

Matrix Spike

Matrix Spike Duplicate

ATTACHMENT 3 : CONTRACT DISCREPANCY REPORT (CDR)

1. Contract Number:

2. TO: (Contractor Point of Contact)

3. FROM: (Contracting Officer Representative)

4. Date and Time of observed discrepancy:

5. Source of Complaint:

6. Discrepancy:

7. Corrective Action Plan:

A written corrective action plan is required and provided to the undersigned.

8. Government actions (payment deductions, performance evaluation meetings, or other actions):

Prepared by:

Signature – Contracting Officer Representative Date

Received by:

Signature – Contractor Point of Contact Date

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 Oil and Grease Sampling IAW Paragraph 5.0 Task of the Performance Work Statement.

Quote price for one (1) sampling service.

Product Service Code: B533

North American Industry Classification System (NAICS):

541380

Pricing Arrangement: Firm Fixed Price

540 Each

Option Line Item

Optional Line Item: Analytical Sampling IAW Task 5.0 of the Performance Work Statement.

Quote price for one (1) sampling service.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

Option Year 1: Oil and Grease Sampling IAW Paragraph 5.0 Task of the Performance Work Statement. Quote price for one (1) sampling service.

Product Service Code: B533

540 Each

Pricing Arrangement: Firm Fixed Price

Option Line Item

Option Year 1 - Optional Line Item:

Analytical Sampling IAW Task 5.0 of the Performance Work Statement. Quote price for one (1) sampling service.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

Option Year 2: Oil and Grease Sampling IAW Paragraph 5.0 Task of the Performance Work Statement. Quote price for one (1) sampling service.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

540 Each

Option Line Item

Option Year 2 - Optional Line Item:

Analytical Sampling IAW Task 5.0 of the Performance Work Statement. Quote price for one (1) sampling service.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

1 Each

Option Line

Option Year 3: Oil and Grease Sampling IAW Paragraph 5.0 Task

540 Each

Item of the Performance Work Statement. Quote price for one (1) sampling service.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

Option Line Item

Option Year 3 - Optional Line Item:

Analytical Sampling IAW Task 5.0 of the Performance Work Statement. Quote price for one (1) sampling service.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

1 Each

Option Line Item

Option Year 4: Oil and Grease Sampling IAW Paragraph 5.0 Task of the Performance Work Statement. Quote price for one (1) sampling service.

Product Service Code: B533

Pricing Arrangement: Firm Fixed Price

540 Each

Option Line Item

Option Year 4 - Optional Line Item:

Analytical Sampling IAW Task 5.0 of the Performance Work Statement. Quote price for one (1) sampling service.

Product Service Code: B533

1 Each

Pricing Arrangement: Firm Fixed Price

Section C - Description/Specifications/Statement of Work

Performance Work Statement and QASP: See PWS/ QASP in previous pages.

Requirements The Chief Joseph Dam Project is a hydroelectric facility operated by the U.S. Army Corps of Engineers (Corps), Seattle District. The dam is located on the Columbia River at Hwy 17 and Pearl Hill Rd, Bridgeport, WA 98813. The Corps is seeking an accredited laboratory for analytical services to demonstrate compliance with the NPDES permit limits for Oil and Grease. Corps personnel will conduct all sampling and packaging, and schedule pickup of coolers for delivery of the samples to the laboratory.

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.246-4 Inspection of Services-Fixed- Price.

1996-08

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: Performance IAW with PWS.

DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670

BRIDGEPORT, WA 98813

UNITED STATES

Bradley Nygaard

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Performance IAW PWS.

DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670

BRIDGEPORT, WA 98813

UNITED STATES

Bradley Nygaard

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Performance IAW PWS.

DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670

BRIDGEPORT, WA 98813

UNITED STATES

Bradley Nygaard

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Performance IAW PWS.

DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670

BRIDGEPORT, WA 98813

UNITED STATES

Bradley Nygaard

Option Inspection and Acceptance Location

Line Item

Both Destination Instructions: Performance IAW PWS.

DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670

BRIDGEPORT, WA 98813

UNITED STATES

Bradley Nygaard

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Performance IAW PWS.

DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670

BRIDGEPORT, WA 98813

UNITED STATES

Bradley Nygaard

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Performance IAW PWS.

DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670

BRIDGEPORT, WA 98813

UNITED STATES

Bradley Nygaard

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Performance IAW PWS.

DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670

BRIDGEPORT, WA 98813

UNITED STATES

Bradley Nygaard

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Performance IAW PWS.

DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670

BRIDGEPORT, WA 98813

UNITED STATES

Bradley Nygaard

Option Line Item

Inspection and Acceptance Location

4002 Both Destination Instructions: Performance IAW PWS.

DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670

BRIDGEPORT, WA 98813

UNITED STATES

Bradley Nygaard

Section F - Deliveries or Performance

0001 540 EachAs Required 1 Calendar Year DoDAAC: 960527

540 EachQuantity

Address and POC Place of Performance DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670 BRIDGEPORT, WA 98813 UNITED STATES

Bradley Nygaard

Period of Performance From 01 Nov 2026 To 31 Oct 2027

Option Line Item

1 EachAs Required 1 Calendar Year DoDAAC: 960527

1 EachQuantity

Address and POC Place of Performance DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670 BRIDGEPORT, WA 98813 UNITED STATES

Bradley Nygaard

Period of Performance From 01 Nov 2026 To 31 Oct 2027

Option Line Item

540 EachAs Required 1 Calendar Year DoDAAC: 960527

540 EachQuantity

Address and POC Place of Performance DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670 BRIDGEPORT, WA 98813 UNITED STATES

Bradley Nygaard

Period of Performance From 01 Nov 2027 To 31 Oct 2028

Option Line Item

1 EachAs Required 1 Calendar Year DoDAAC: 960527

1 EachQuantity

Address and POC Place of Performance DoDAAC: 960527

CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670 BRIDGEPORT, WA 98813 UNITED STATES

Bradley Nygaard

Period of Performance From 01 Nov 2027 To 31 Oct 2028

Option Line Item

540 EachAs Required 1 Calendar Year DoDAAC: 960527

540 EachQuantity

Address and POC Place of Performance DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670 BRIDGEPORT, WA 98813 UNITED STATES

Bradley Nygaard

Period of Performance From 01 Nov 2028 To 31 Oct 2029

Option Line Item

1 EachAs Required 1 Calendar Year DoDAAC: 960527

2002 1 EachQuantity

Address and POC Place of Performance DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670 BRIDGEPORT, WA 98813 UNITED STATES

Bradley Nygaard

Period of Performance From 01 Nov 2028 To 31 Oct 2029

Option Line Item

540 EachAs Required 1 Calendar Year DoDAAC: 960527

540 EachQuantity

Address and POC Place of Performance DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670 BRIDGEPORT, WA 98813 UNITED STATES

Bradley Nygaard

Period of Performance

From 01 Nov 2029 To 31 Oct 2030

Option Line Item

1 EachAs Required 1 Calendar Year DoDAAC: 960527

1 EachQuantity

Address and POC Place of Performance DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670 BRIDGEPORT, WA 98813 UNITED STATES

Bradley Nygaard

Period of Performance From 01 Nov 2029 To 31 Oct 2030

Option Line Item

540 EachAs Required 1 Calendar Year DoDAAC: 960527

540 EachQuantity

Address and POC Place of Performance DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670 BRIDGEPORT, WA 98813 UNITED STATES

Bradley Nygaard

Period of Performance From 01 Nov 2030 To 31 Oct 2031

Option Line Item

1 EachAs Required 1 Calendar Year DoDAAC: 960527

1 EachQuantity

Address and POC Place of Performance DoDAAC: 960527 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

CHIEF JOSEPH DAM, PO BOX 670 BRIDGEPORT, WA 98813 UNITED STATES

Bradley Nygaard

Period of Performance From 01 Nov 2030 To 31 Oct 2031

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.247-34 F.o.b. Destination. 1991-01

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

DFARS Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.232-7006 Wide Area WorkFlow Payment Instructions. (Tailored)

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

This clause is not applicable to this acquisition. USACE utilizes the Corps of Engineers Financial Management System (CEFMS) linked with the Resident Management System (RMS) for all progress payments. Invoicing and payment administration will be conducted entirely within RMS/CEFMS; WAWF invoicing is not authorized.

(End of clause)

Section I - Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-9 Personal Identity Verification of Contractor Personnel.

2011-01

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

52.222-50 Combating Trafficking in Persons. (Deviation 2026-O0038)

2026-02

52.223-5 Pollution Prevention and Right-to- Know Information.

2024-05

52.223-23 Sustainable Products. (Deviation 2026-O0038)

2026-02

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026- O0038)

2026-02

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)

2026-02

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

1984-04

52.237-3 Continuity of Services. 1991-01

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)

2026-02

52.242-13 Bankruptcy. 1995-07

52.243-1 Changes-Fixed-Price. (Deviation 2026-O0038)

2026-02

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-04

52.249-8 Default (Fixed-Price Supply and Service).

1984-04

52.253-1 Computer Generated Forms.

(Deviation 2026-O0038)

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.203-7003 Agency Office of the Inspector General.

2019-08

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

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

2023-01

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2024-05

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

2023-01

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

2023-01

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

2023-11

252.225-7001 Buy American and Balance of Payments Program.

2024-02

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7048 Export-Controlled Items. 2013-06

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.232-7010 Levies on Contract Payments. 2006-12

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.

2023-01

252.243-7001 Pricing of Contract Modifications. 1991-12

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Number Title Effective Date

Alternate Deviation

Variation Effective Date

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

(DEVIATION 2025-O0003 and 2025-O0004)

2025-03 Deviation 2025- O0004

2025-03

Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (MAR 2025) (DEVIATION 2025-O0003 and 2025-O0004)

(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).

[X] (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.