B08_BAA_RFP_140E0118R0011.Final_Version.Ice_Management.FBO.Final.Version.pdf

140E0118R0011

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 46

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

09/04/2018 X

E10

BSEE-Sterling ACQ Ops Branch 45600 Woodland Road, VAE-AMD Sterling VA 20166-9216

1400 ET 10/04/2018

Charles Cernat 703 Charles.Cernat@bsee.gov

787-1339

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

Charles Cernat

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

1-2

7-9 10-14 15-19

20-23

25-28

29-39

40-46

Solicitation Number 140E0118R0011

Section B, Page 3 of 46

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL INSTRUCTIONS

The Contractor shall furnish all personnel, facilities, equipment, technology, materials, supplies, and services in performing the work described in Section C, unless otherwise stated herein. In consideration of the work performed under the contract, the Government shall pay the amount identified below in U.S. Dollars.

This solicitation contains a model standard contract format, which includes terms, conditions, and clauses that are anticipated to be included in contracts that are awarded as a result of this

Request for Proposal (RFP). However, specific terms, conditions, and clauses included in the resulting contracts may vary due to the specific circumstances of each award.

B.2 CONTRACT TYPE

The contract type is firm-fixed-price.

B.3 CONTRACT LINE ITEM NUMBER

The specific details and descriptions of the Contract Line Item Number (CLIN) are described below:

CLIN # Description Total Amount 00010 All tasking as described in Section C, $TBD*

Statement of Work (Firm-Fixed-Price)

CLIN 00010 is a firm-fixed-price line item with a period of performance specified in Section F.

The effort under CLIN 00010 shall be accomplished in accordance with the Statement of

Objectives in Section C.

B.4 PARTIAL DELIVERY PAYMENT SCHEDULE

Payment will be made to the Contractor based upon delivery and acceptance of the tasks performed/deliverables submitted as shown in the table below:

Payment No. Deliverable(s) / Milestone (s) Payment Amount

1 TBD* $TBD*

2 TBD* $TBD*

3 TBD* $TBD*

TOTAL CONTRACT VALUE $TBD*

* = TBD. The Deliverable(s )/ Milestone(s) and the Payment Amount shall be proposed by the

Offeror as part of its Business/Cost Proposal (see Section L.10.1).

Section C, Page 4 of 46

SECTION C

STATEMENT OF WORK

[To be completed at time of award based upon the Offeror’s proposed technical approach contained in the Technical Proposal.]

Section B, Page 5 of 46

SECTION D

PACKAGING AND MARKING

D.1 All deliverables submitted under the contract shall be prepared and packaged in a cost-effective manner equivalent to standard commercial quality. The CD-ROMs, if required, shall be labeled. The labels shall include the project title, Contractor name, and BSEE contract number. Elaborate art work, expensive paper and bindings are neither necessary nor desired.

D.2 Unless otherwise directed by the Contracting Officer, all reports shall be delivered by First

Class mail. The cost of delivery by more expensive means will be denied unless approval is obtained in advance from the Contracting Officer.

D.3 All paper deliverable shall meet at least the minimum requirements for post-consumer recycled content, set forth in EPA’s Comprehensive Procurement Guidelines (CPG).

Section E, Page 6 of 46

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/far

Clause Title 52.246-7 Inspection of Research and Development—Fixed-Price (Aug 1996)

E.2 DELIVERABLE GENERAL ACCEPTANCE CRITERIA

Each deliverable under this Statement of Work will meet the following:

Accuracy – Work products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

Clarity – Work products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

Consistency to Requirements – All work products must satisfy the requirements of this contract.

Format – Work products shall be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission. Hardcopy formats shall follow any specified Directives or Manuals.

Timeliness – Work products shall be submitted on or before the due date specified herein or submitted in accordance with later scheduled date determined by the

Contracting Officer.

Section F, Page 7 of 46

SECTION F

DELIVERIES OR PERFORMANCE

F.1 TERM OF THE CONTRACT

The period of performance (POP) of this contract is [to be completed at the time of contract award]. The project period shall encompass all tasks from initial planning, through and including BSEE’s final acceptance of all deliverables. The Contractor shall deliver all required deliverables in accordance with Sections C, E, and F of this contract.

F.2 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

available. Also, the full text of a clause may be accessed electronically at this/these address(es):

52.242-15 Stop-Work Order (Aug 1989)

F.3 PLACE OF PERFORMANCE

Work will be performed at the Contractor’s location. Teleconferences and in-person meetings will be coordinated between the Contractor and the Contracting Officer’s Representative as necessary.

F.4 MEETINGS, REPORTS, AND OTHER DELIVERABLES

The following deliverables shall be submitted and meetings held in accordance with the schedules specified in Section F.6. The Contractor is responsible for editing and proofreading all material in order to prepare products as error free as possible prior to their delivery to BSEE. At a minimum, the following items shall be included in the proposed effort:

F.4.1 Kick-off Meeting

Both parties will mutually agree upon the specific date, time, and location of the kick-off meeting. The Contractor shall provide an agenda to BSEE at least one week prior to the meeting. The intent of this meeting is to initiate the communication process between the

Government and the Contractor by introducing key participants and explaining their roles, reviewing communication ground rules, and assuring a common understanding of requirements and objectives, goals, constraints, policies, expected benefits, other relevant background information, and discussing near-term deliverables. A summary of the meeting will be submitted to BSEE within two weeks from the date of the meeting.

Section F, Page 8 of 46

F.4.2 Data, Analyses, Technology tool(s)

The Contractor shall deliver a copy of generated resulting data, data analysis (es), and any generated computational analyses tools for future evaluations. These items may be submitted electronically.

F.4.3 Monthly Progress Meetings

The Contractor shall host via teleconference Monthly Status Meetings at a time agreed to by the

Contractor and the COR. These meetings shall be held as deemed necessary by the COR to assure continuity and/or timeliness, once a month at a minimum but not more frequent than weekly.

F.4.4 Draft Final Report

The Contractor shall deliver a draft copy of the Final Report for review and comment at least 30 days before the end of the period of performance. The draft report may be submitted electronically.

F.4.5 Final Report

The Contractor shall deliver three (3) hard copies and three (3) CDs/DVDs containing both (.pdf and .doc) electronic formats of the Final Report.

The Final Report shall be written as a non-proprietary report, releasable by the BSEE to the public either through posting on the BSEE webpage or by other means.

F.4.6 Draft Journal Article

The Contractor shall deliver a draft article on the results of the project. This article shall be suitable for submission to a professional journal. An alternative method of dissemination of results may be proposed.

F.4.7 Final Presentation and Closing Meeting

The Contractor shall prepare and submit a PowerPoint presentation summarizing the findings and achievements of the project in accordance with the Contractor’s proposal. The presentation shall be delivered by at least the Primary Investigator at one of BSEE’s locations. Other key personnel should participate in person, or via teleconference or videoconference.

F.5 CORRESPONDENCE

All correspondence shall be clearly marked with the Contract number on the first page. Emails pertaining to this Contract shall include the contract number on the subject line.

Section F, Page 9 of 46

F.6 SCHEDULE AND DISTRIBUTION OF DELIVERABLES AND MEETINGS

Deliverable products shall be submitted to the addresses shown in Section F.7 in accordance with the following schedule:

DELIVERABLE /

MEETING

DISTRIBUTION DUE

F.7 ADDRESSES FOR DELIVERABLES

COR - Contracting Officer's Representative

[To be completed at time of award.]

CO – Contracting Officer [To be completed at time of award.]

[To be completed at time of award based upon the Offeror’s proposed deliverables.]

Section G, Page 10 of 46

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE POINTS OF CONTACT

G.1.1 Contracting Officer: The Contracting Officer (CO) for this effort is as follows:

[To be completed at the time of award.]

G.1.2 Contracting Officer’s Representative: The Contracting Officer’s Representative

(COR) for this effort is as follows:

[To be completed at the time of award.]

G.2 DIAR 1452.201-70 – AUTHORITIES AND DELEGATIONS (SEP 2011)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting

Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction

(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of

Section G, Page 11 of 46 the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the

Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.3 CONTRACTOR’S PROJECT MANAGER

The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts, used in performance of this contract. The

Contractor’s management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained herein.

The Contractor shall provide a Project Manager to facilitate Government-Contractor communications. The Project Manager shall be the primary interface between the Contractor and Government. The Contractor’s designated Project Manager for this contract is:

(To be provided by Offeror as part of their proposal).

The Contractor’s designated Project Manager for this contract shall have the authority to make any no-cost contract technical decision, or special arrangements regarding this contract.

The Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager or a designated representative shall meet with the COR to discuss problem areas as they occur. The Project Manager, or designated representative, shall respond within four hours after notification of the existence of a problem. The Project Manager, and all designated representatives, shall be able to fluently read, write, and speak the English language.

Section G, Page 12 of 46

G.4 PAYMENTS

G.4.1 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the

IPP invoice: Documentation required by FAR 32.905(b).

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production

Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

G.4.2 PAYMENT FREQUENCY

Payments will be made for deliverables submitted by the Contractor and accepted by the

Government at the prices set forth in Section B no more frequently than a monthly basis.

G.5 INTEREST ON OVERDUE PAYMENTS

The Prompt Payment Act, Public Law 97-177, (96 Stat.85; 31 U.S. C. 3901-3906), as amended, is applicable to payments under this contract and requires payment to contractors of interest on overdue and improperly taken discounts. Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and

Budget (OMB) Circular A-125.

G.6 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(DEC 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor

Performance Assessment Reporting System (CPARS) to comply with this regulation.

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Section G, Page 13 of 46

One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS.

CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance

Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4) When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting

“Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day

15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

Section G, Page 14 of 46

6) The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

Section H, Page 15 of 46

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 ADVERTISING OF AWARD

(a) The Contractor shall not refer to this award in commercial advertising, or similar promotions in such a manner as to state or to imply the product or services provided is endorsed, preferred, or is considered superior to other products or services by the Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE). This includes advertising, or similar promotions in all forms or electronic, broadcast and print media.

(b) In addition, the Contractor is restricted from reproducing the image(s) of the DOI/BSEE in any form of commercial advertising, or similar promotion. This includes images of official seals and buildings. The reproduction of official seals and the images of buildings is a matter controlled by regulation and Executive Order. Any proposed usage of such symbols must be brought to the attention of the Contracting Officer.

H.2 PRINTING

The Contractor shall not engage in, nor subcontract for, any printing (as that term is defined in

Title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract provided, however, that performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page, or less than 25,000 production units in the aggregate of multiple pages, will not be deemed to be printing. A production unit is defined as one sheet, size

8 and 1/2 x 11 inches, one side only, one color.

H.3 CONTRACTOR CONFLICT OF INTEREST

(a) It is the policy of the Department of the Interior to avoid contract awards which could result in or create conflicts of interest, whether actual or apparent. Such a situation could occur in the instance when the Contractor or any subcontractors or teaming arrangement partners have business, financial, real property, mineral rights, or other interests, as well as professional activities that create conflicting roles which could potentially bias a Contractor’s judgment or result in unfair competitive advantage to the Contractor, and thus impede the government’s objective to obtain an impartial, technically sound and objective performance of this contract.

(b) Any proposal submitted in response to this request for proposals must identify any actual or potential conflict of interest described in paragraph (a) and include a Conflict of Interest

Mitigation Plan if the Contractor believes such persons or entities are indispensible to its proposal. The Government’s approval of any proposed Conflict of Interest Mitigation Plan shall be at the sole discretion of the Contracting Officer.

(c) Absent a written approval of a Conflict of Interest Mitigation Plan from the Contracting

Officer, the Contractor, or any of its officers, representatives, employees, sub-contractors, or teaming arrangement members, shall not be involved in any situation during the performance of

Section H, Page 16 of 46 this contract which may result in conflicts as contemplated in paragraph (a) above. Failure to comply with this provision may be cause for termination for default.

(d) The Contractor shall disclose, upon discovery, any interest which may develop after contract award that may result in a conflict as contemplated in paragraph (a) above. Failure to comply with this provision may be cause for termination of this award for default.

(e) The Contractor shall include this clause, including this paragraph in all subcontracts and consultant agreements; however, subcontractors and consultants shall be directed to send any mitigation plan to the Contractor who shall then inform the Contracting Officer.

(f) The Contractor, its employees, subcontractors and teaming arrangement partners, shall not engage in any communication regarding any aspect of performance of this contract with any person or entity described in paragraph (a) above without express permission from the

Contracting Officer. Failure to comply with this provision may be cause for termination of this award for default.

H.4 NOTICE REGARDING LATE DELIVERY/DELAYED PERFORMANCE

(a) In the event the Contractor anticipates difficulty in meeting performance requirements, or when it anticipates difficulty in complying with any delivery schedule contained in the contract , or any date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer’s Representative(COR) in writing, giving pertinent details, provided this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any contract delivery schedule, or date or any rights or remedies provided by law under this contract.

(b) If the Contractor fails to respond in a timely manner to any portion of the contract, delay will be attributed to the Contractor. Although the period of performance may change due to delay, the price may be subject to a downward adjustment.

(c) If the Government delays performance of this contract, the period of performance and/or price may be revised upon mutual agreement between the Government and the Contractor.

H.5 PERSONNEL REQUIREMENTS

H.5.1 Key Personnel

Certain skilled experienced professional and/or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as “Key Personnel” and are those persons whose resumes were submitted and identified by the contractor as “Key Personnel.” The following individuals are considered to be essential to the work being performed under this purchase order:

Section H, Page 17 of 46

[To be completed at the time of award based upon Contractor’s proposed Key Personnel.]

H.5.2 Substitution of Key Personnel

(a) The Contractor agrees to assign those persons identified above and who are necessary to fulfill the requirements of the purchase order as key personnel. No substitutions shall be made except in accordance with this clause.

(b) Personnel considered essential (“key personnel”) to the work performed under the purchase order shall be mutually agreed upon by the contractor and the Government and will be specified in the purchase order. During the first 90 calendar days of the purchase order, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. Prior to removing, replacing or diverting any of the specified individuals, the Contractor shall promptly notify the CO.

(c) All proposed substitutions shall be submitted to the CO for approval at least 15 calendar days in advance of the proposed effective date (unless substitution is necessitated by sudden illness, death, or termination of employment in which case notice shall be within five (5) calendar days of the effective date) and must provide the information as stated herein.

(d) All requests for substitutions shall be in writing unless otherwise agreed to by the CO and shall include a complete resume for the proposed substitute and any other information required by the

CO to permit effective evaluation of the proposed substitution’s qualifications.

(e) Requests for substitution of “key personnel” above must also provide a detailed explanation of the circumstances necessitating it and sufficient information for the CO to evaluate the impact of the substitution on purchase order performance.

H..3 Non-Personal Services Contract

This is a non-personal services contract, as defined in FAR 37.101. The Contractor personnel rendering the services herein are not to be subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the

Government and its employees. Contractor personnel shall be subject to the direct of the

Contractor's Project Manager as described in the section above.

H.6 SECTION 508 OF THE REHABILITATION ACT

Section 508 of the Rehabilitation Act of 1973 (found at 29 U.S.C. 794d) requires access to and use of information by individuals with disabilities. A deliverable such as electronic reports (ex:

PDF files) to be placed on the web (either on the agency's web server of the company's), video footage, or other electronic data such as CD-ROMs to be distributed, are subject to Section 508 guidelines. Simplified, this means that PDF files need to be formatted so that they are "readable" by assistive technology devices such as screen readers. Video footage must be closed captioned.

CD-ROMs which contain HTML, PDF, or word processor files must be accessible.

Section H, Page 18 of 46

H.7 PAPERWORK REDUCTION ACT OF 1995 (PRA)

Under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et. seq.), a collection of information means, the obtaining, causing to be obtained, soliciting, or requiring the disclosure to an agency, third parties, or the public, of information by or for an agency by means of identical questions posed to, or identical reporting, recordkeeping, or disclosure requirements imposed on, ten or more persons. Collection of information includes any requirement or request for persons to obtain, maintain, retain, report, or publicly disclose information. Therefore, BSEE, or its designated representative, may not conduct or sponsor, and a person or company is not required to respond to, a collection of information unless it displays a currently valid OMB Control

Number. Such collections require OMB approval regardless of whether it is mandatory, voluntary, or required to obtain or retain a benefit.

BSEE has determined that for this contract, the contractor shall NOT collect information from ten or more persons.

A collection of information may be in any form or format, including the use of report forms;

application forms; schedules; questionnaires; surveys; reporting or recordkeeping requirements;

contracts; agreements; policy statements; plans; rules or regulations; planning requirements;

circulars; directives; instructions; bulletins; requests for proposal or other procurement requirements; interview guides; oral communications; posting, notification, labeling, or similar disclosure requirements; telegraphic or telephonic requests; automated, electronic, mechanical, or other technological collection techniques; standard questionnaires used to monitor compliance with agency requirements; or any other techniques or technological methods used to monitor compliance with agency requirements.

H.8 STATEMENT OF DISCLAIMER

(a) The Contractor shall place the appropriate disclaimer clause on the first printed page of the draft final report and the final report.

(1) Draft Final Report. “This draft final report has not been reviewed by the Bureau of

Safety and Environmental Enforcement (BSEE), nor has it been approved for publication.

Approval, when given, does not signify that the contents necessarily reflect the views and policies of the BSEE, nor does mention of the trade names or commercial products constitute endorsement or recommendation for use.”

(2) Final Report. “This final report has been reviewed by the BSEE and approved for publication. Approval does not signify that the contents necessarily reflect the views and policies of the BSEE, nor does mention of the trade names or commercial products constitute endorsement or recommendation for use.”

(b) Acknowledgment of Sponsorship. In addition to the above information, the Contractor shall acknowledge Federal Sponsorship in the Draft Final Report and the Final Report by placing the following statement on the title page of both reports:

Section H, Page 19 of 46

“This study was funded by the Bureau of Safety and Environmental Enforcement (BSEE), U.S.

Department of the Interior, Washington, D.C., under Contract XXXXXXXXXX.”

H.10 DISSEMINATION OF INFORMATION DEVELOPED

There shall be no dissemination or publication, except within and between the Contractor and any subcontractors of information developed under this order or contained in the reports to be furnished pursuant to this effort without prior written approval from the Contracting Officer and

Contracting Officer Representative.

H.11 DISCLOSURE OF DATA PRODUCED

The Contractor shall not divulge or release data or information developed, collected or generated in the performance or this effort, until made public by the Government, except to the following:

authorized Government personnel, within and between the Contractor and any subcontractors, or upon written approval of the Contracting Officer.

The Contractor will be authorized to issue news releases and to reproduce, publish, and disseminate data first produced in contractual performance, but not until after written approval is obtained from the Contracting Officer. Sponsorship by the Bureau of Safety and Environmental

Enforcement (BSEE) shall be acknowledges in all such cases by the Contractor.

Raw data collected or generated during the performance of this contract shall not be released to anyone without the written approval of the Contracting Officer.

H.12 SCIENTIFIC INTEGRITY

Scientific integrity is vital to Department of the Interior (DOI) activities under which scientific research, data, summaries, syntheses, interpretations, presentations, and/or publications are developed and used. Failure to uphold the highest degree of scientific integrity will result not only in potentially flawed scientific results, interpretations, and applications but will damage

DOI’s reputation and ability to uphold the public’s trust. All work performed must comply with the DOI Scientific Integrity Policy posted to http://www.doi.gov, or its equivalent as provided by their organization or State law.

iSIMS confirms the work performed will comply with the DOI Scientific Integrity Policy posted to http://www.doi.gov.

http://www.doi.gov/

Section I, Page 20 of 46

SECTION I

CONTRACT CLAUSES

I.1 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

DIAR Clauses: http://www.doi.gov/pam/programs/acquisition/pamareg.cfm

52.202-1 Definitions (Nov 2013)

52.203-3 Gratuities (Apr 1984)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006)

52.203-7 Anti-Kickback Procedures (May 2014)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

(May 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (Apr 2014)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

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

(May 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

2016)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

52.215-2 Audit and Records—Negotiation (Oct 2010)

52.215-8 Order of Precedence--Uniform Contract Format (Oct 1997)

52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997)

52.217-2 Cancellation Under Multi-year Contracts (Oct 1997)

52.219-8 Utilization of Small Business Concerns (Nov 2016)

52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)

52.222-3 Convict Labor (Jun 2003)

52.222-21 Prohibition of Segregated Facilities (Apr 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-35 Equal Opportunity for Veterans (Oct 2015) http://www.doi.gov/pam/programs/acquisition/pamareg.cfm

Section I, Page 21 of 46

52.222-36 Equal Opportunity for Workers with Disabilities (July 2014)

52.222-37 Employment Reports on Veterans (Feb 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010)

52.222-50 Combating Trafficking in Persons (Mar 2015)

52.222-54 Employment Eligibility Verification (Oct 2015)

52.223-6 Drug-Free Workplace (May 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(Aug 2011)

52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)

52.227-1 Authorization and Consent (Dec 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)

52.227-11 Patent Rights-Ownership by the Contractor (May 2014)

52.227-14 Rights in Data—General (May 2014), Alt. IV (Dec 2007)

52.227-17 Rights in Data—Special Works (Dec 2007)

52.229-3 Federal, State, and Local Taxes (Feb 2013)

52.232-2 Payments under Fixed-Price Research and Development Contracts (Apr 1984)

52.232-8 Discounts for Prompt Payment (Feb 2002)

52.232-17 Interest (May 2014)

52.232-23 Assignment of Claims (May 2014)

52.232-25 Prompt Payment (Jan 2017)

52.232-11 Extras (April 1984)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Jul 2013)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.243-1 Changes – Fixed Price (Aug 1987), Alternate V (Apr 1984)

52.244-6 Subcontracts for Commercial Items (July 2018)

52.246-23 Limitation of Liability (Feb 1997)

52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)

52.249-9 Default (Fixed-Price Research and Development) (Apr 1984)

I.2 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (Apr 1984)

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause.

Section I, Page 22 of 46

I.3 FAR 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2007)

(a) Definitions. As used in this clause--

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR02.doc#s21

Section I, Page 23 of 46 the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph

(f), in subcontracts under such contracts.

(End of clause)

I.4 DEPARTMENT OF THE INTERIOR ACQUISITION REGULATION (DIAR)

The contract clause set forth in the following paragraphs of the Department of the Interior

Acquisition Regulation (DIAR) are incorporated in this contract with the same force and effect as though set forth herein in full text. The designated clauses are incorporated as they appear in the DIAR on the date of this contract, notwithstanding the date referenced. The full text of a clause may be accessed electronically at this address:

1452.203-70 Restriction on Endorsements – Department of the Interior (Jul 1996)

1452.215-70 Examination of Records by the Department of the Interior (Apr 1984)

Section J, Page 24 of 46

SECTION J

LIST OF ATTACHMENTS

ATTACH. NO. TITLE NO. OF PAGES

1 Contractor Employee Non-Disclosure Agreement 1

2 Past Experience/Past Performance Reference Information Form 2

Section K, Page 25 of 46

SECTION K

REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF RESPONDENTS

K.1 ON-LINE REPRESENTATIONS AND CERTIFICATIONS

Federal Acquisition Regulation (FAR) 4.12 requires Offerors to submit representations and certifications electronically. Prospective contractors are required to complete, in conjunction with the Central Contractor Registration database, electronic annual representations and certifications at: http://orca.bpn.gov. Vendors should also keep in mind that ORCA-completed representations and certifications are considered part of the vendor's bid or offer anytime ORCA-completed representations and certifications are used. Any one-time changes to these representations and certifications would also be considered to be part of the bid or offer.

K.2 FAR 52.204-8 – ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN

2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541990.__________________

(2) The small business size standard is 15M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

□ (i) Paragraph (d) applies.

□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or https://www.acquisition.gov/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/far/html/52_200_206.html#wp1137583 https://www.acquisition.gov/far/html/FARTOCP13.html#wp271421

Section K, Page 26 of 46

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic

Corporations—Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is…