Sol_140E0121Q0047_Amd_0001.pdf

(x)

140E0121Q0047 x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

E10

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

06/02/20210001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

05/19/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The Department of Interior, Bureau of Safety and Environmental Enforcement (BSEE), is issuing Amendment 1 to incorporate Attachment 4 - Questions and Answers, into the subject

Request for Quotation (RFQ). The RFQ Addendum has been revised based upon responses to the

Questions and Answers. The changes can be identified by the redline/strikeout method in the Addendum attached.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

IT Backup Media Storage and Transportation Services Request for Quotation No. 140E0121Q0047

COMBINED SYNOPSIS AND SOLICITATION

Procurement Overview: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. This solicitation is also issued under the authority and in accordance with FAR 13.5 – Simplified Procedures for Certain Commercial Items.

Project Description: The U.S. Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE) has a requirement for “New Orleans, Louisiana (NOLA) Mission Tape Offsite Storage.” The estimated period of performance for this requirement is a twelve (12) month base period, with two (2) - twelve (12) month option periods.

Solicitation: This procurement is being issued as a Request for Quotation (RFQ). The RFQ number associated with this procurement is 140E0121Q0047. This solicitation document and incorporated clauses and provisions are those through effect of Federal Acquisition Circular 2021- 05 effective 03/10/21.

Contract Type: A Hybrid Type Purchase Order (with Firm Fixed Price and Time & Materials Line Items) will be issued as a result of this solicitation.

PSC/NAICS/Small Business Standards/Set-Aside The Product Service Code (PSC) associated with this procurement is S215 Housekeeping - Warehousing and Storage Services. The North American Industrial Classification Systems (NAICS) code is 493110 General Warehousing and Storage, with a small business size standard of $30 million. Additionally, this solicitation is being issued on an unrestricted basis and no set-aside will be used.

SAM

Per FAR 4.1102 and 52.204-7(b)(1), contractors must be registered in SAM at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements.

Government Point of Contact The point of contact for this procurement is Najma Shaikh, Contracting Officer, BSEE, Acquisition Operations Branch, 45600 Woodland Rd., Sterling, VA 20166. Responses to this solicitation must be submitted electronically via email to Najma.Shaikh@bsee.gov no later than the closing date and time referenced in the solicitation. All email correspondence must reference “RFQ No.

140E0121Q0047” in the subject line.

SECTION 1

PRICING

1.0 GENERAL INFORMATION

The United States Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE), anticipates awarding a Hybrid Type Purchase Order (with Firm Fixed Price (FFP) and Time & Materials (T&M) line items) for the project entitled “New Orleans, Louisiana (NOLA) Mission Tape Offsite Storage,” prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items and FAR Subpart 13.5 - Simplified Procedures for Certain Commercial Items.

1.1 CONTRACT LINE ITEM (CLIN) PRICING

The specific details and description of the Contract Line Item Numbers (CLIN) are described below. The CLINs 00010, 00030, 00040, and 00060 are firm fixed price and shall be accomplished in accordance with the effort as described in Section 2, Statement of Work (SOW).

Additionally, CLIN 00030 is an Optional CLIN that will be exercised as needed by the Contracting Officer. CLINS 00020, 00050, and 00070 are Time & Materials (T&M) CLINS that are also described in Section 2, SOW. The not-to-exceed (NTE) ceiling will be established at the time of award and will only be exceeded at the contractor’s own risk. Reference Clause 52.212-4, Contract Terms and Conditions –Commercial Items (OCT 2018).

* Offeror to complete chart.

CLIN # 00010 DESCRIPTION/ LABOR

CATEGORY

UNIT OF

ISSUE

TOTAL FFP

AMOUNT

00010 Base Period Information Technology Backup Media

JOB $ *

CLIN # 00020 DESCRIPTION/ LABOR

UNIT OF

ISSUE

NOT-TO-EXCEED

AMOUNT

00020 Base Period Emergency/Critical Pickup and Delivery Service

JOB $1,000.00

CLIN # 00030 DESCRIPTION/ LABOR

UNIT OF

ISSUE

TOTAL FFP

AMOUNT

00030 Base Period [Optional]

This is an optional CLIN for the transportation of media from the incumbent’s facility to the new awardee’s facility

CLIN # 00040 DESCRIPTION/ LABOR

UNIT OF

ISSUE

TOTAL FFP

AMOUNT

00040 Option Period 1

Information Technology Backup

CLIN # 00050 DESCRIPTION/ LABOR

UNIT OF

ISSUE

NOT-TO-EXCEED

AMOUNT

00050 Option Period 1

Emergency/Critical Pickup and

CLIN # 00060 DESCRIPTION/ LABOR

UNIT OF

ISSUE

TOTAL FFP

AMOUNT

00060 Option Period 2

Information Technology Backup

CLIN # 00070 DESCRIPTION/ LABOR

UNIT OF

ISSUE

NOT-TO-EXCEED

AMOUNT

00070 Option Period 2

Emergency/Critical Pickup and

TOTAL CONTRACT

AMOUNT (TOTAL OF

ALL CLINS)

The Fixed /Unit/Hourly Rates that include wages, overhead, general and administrative expenses, and profit for the labor category (or categories) proposed shall be detailed below for the Base Period and both Option Periods for CLINS 00020, 00050, and 00070:

Task/Description/Category Unit Fixed/Unit/Hourly Rate

SECTION 2

STATEMENT OF WORK

IT BACKUP MEDIA STORAGE AND TRANSPORTATION SERVICES

2.0 BACKGROUND

The Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE), Federal bureaus within the United States Department of the Interior (DOI), serve as the stewards for America’s offshore mineral and energy resources on the Outer Continental Shelf (OCS) and are one of the top revenue collectors for the United States. BSEE and BOEM manage activities that generate about 30 percent of America’s domestic oil production and more than 20 percent of America’s domestic natural gas production. BSEE and BOEM together manage activities that range from the initial geological and geophysical analysis of Outer Continental Shelf (OCS) resource potential, the leasing process, and monitoring the safety of offshore facilities and protecting our coastal and marine environments. In addition to oil and gas, and other strategic mineral resources, BSEE and BOEM provide access to state and local governments for the recovery of sand and gravel used to protect the Nation’s coastal shores and wetlands. Both the BSEE and BOEM programs are headquartered in Washington, D.C., and Sterling, Virginia; with regional offices in three locations: New Orleans, Louisiana; Camarillo, California; and Anchorage, Alaska.

BSEE maintains a sophisticated information technology (IT) environment through largely centralized management of budget, hardware lifecycle, system and software development, and operations. This environment services both BSEE and BOEM program areas. BSEE technical systems primarily support office automation and scientific computing functions. Office automation systems are based on Microsoft Windows PCs running a uniform software configuration, i.e., Standard Client, on standardized hardware systems. The current software standards include Windows and Microsoft Office. BSEE maintains approximately 2,000 of these systems nationally at four major locations and six smaller offices. Approximately 150 UNIX workstations are deployed to support geological and geophysical applications that involve interpreting seismic and well data. These high-end systems have access to multiple terabytes of data stored on Network Attached Storage (NAS). In addition, dedicated Oracle database servers house the Technical Information Management System (TIMS), the BSEE corporate database, as well as additional scientific, geographical information system (GlS) and Geological interpretive data sets.

2.1 OBJECTIVE

The BSEE, Technical Services Division (TSD), Business System Branch (BSB), TIMS Support Section, has a requirement to support the Contingency of Operations Plan (COOP), IT Contingency Plan (ITCP), and Disaster Recovery (DR) operations of both the BSEE and BOEM and managed by the BSB by providing the services detailed under Section 2.2, Scope of Work.

This effort will improve customer satisfaction with the Government data and information systems recovery processes thereby decreasing cycle time, increasing efficiency, and improving effectiveness of activities in support of the BSEE/BOEM missions.

2.2 SCOPE OF WORK

The contractor shall assist BSEE in implementing an effective IT Backup Media Storage and Transportation strategy that directly supports the BSEE/BOEM missions as detailed below.

Overview

(1) BSEE/BOEM maintains the following types of media for which storage, retrieval and transportation are required:

(i) LTO cartridges

(ii) SDLT Tapes

(iii) DLT Tapes

(iv) Documents (paper)

(v) CDs and DVDs.

(vi) Hard Drives and other Electronic Storage Media (SSD, USB, Flash, etc)

(2) The LTO cartridges and the DLT tapes must be transported in Contractor supplied lockable carrying cases. All transportation of media shall be accompanied by a chain-of-custody document.

(i) Electronic or digital chain-of-custody documentation is acceptable if custody records are readily available to the Government.

(3) Current carrying cases in use are of plastic or steel construction. This is specified in section 2.2.4.

(4) Carrying cases will be secured with Government supplied locking tabs.

(5) Pick-up and delivery orders for carrying cases will be placed as required by specifically designated Government or authorized Government contractor employees registered with the Contractor. The Contracting Officer’s Representative will provide a list of no more than 5 authorized individuals.

(6) Government pick-up/delivery orders shall be accompanied by the identity of the requester and:

(i) Time and Date

(ii) The type and number of specific case(s) required

(iii) The category of delivery time or frequency required (i.e., weekly or emergency)

2.2.1 Locations

2.2.1.1 Primary delivery/pickup location

BSEE facility located at 1201 Elmwood Park Boulevard, New Orleans, LA 70123

2.2.1.2 Emergency Recovery location

Denver Federal Center, 6th St Bldg 53, ENT W19, Lakewood, CO 80225

2.2.1.3 Storage Facility Requirements: The Storage Facility shall be at least 50 miles from the BSEE facility located at 1201 Elmwood Park Boulevard, New Orleans, LA 70123 to avoid geographically localized disasters or events, at least 50 miles inland from this location to avoid Tsunami events.

The facility shall meet all Federal Government Requirements for sea level, security and environmental controls. The facility where BSEE/BOEM materials are housed shall be at least eight (8) feet above sea level and equipped with specially designed features to prevent damage from water. The facility shall be located outside of flood plains, away from railroad tracks, and equipped with 24-hour backup power generators. The chamber shall be climate controlled and equipped with a clean agent fire suppression system with central station monitored alarm and smoke detection. All adjoining floor areas of the facility shall be common level and non-slip.

All underfoot surfaces shall be smooth and level at all times. All of the space provided shall meet the criteria indicated, as set forth in the BSEE Manual 386.3. Appendix 1- MINIMUM

CONSTRUCTION STANDARDS FOR OPEN STORAGE ROOMS

AND CLOSED STORAGE ROOMS: MMS Service Manual 386, Section 3, Appendix 1

The facility shall be secured with an alarmed entry system, monitored, and have internal motion detectors. The contractor shall require a pictured identification for BSEE/BOEM employees wishing to access the space as confirmation of the specified list which BSEE may alter at any time. The contractor shall immediately notify the COR and CO of any attempt to access the space by an unauthorized individual.

2.2.2 Pickup and Delivery Services: The contractor shall pickup and deliver media in contractor furnished storage containers with the exception of a declared Emergency, Disaster, or Drill. In such case, the contractor shall also be required to provide services to a Contingency site (typically in Denver, CO) at the direction of the Contracting Officer (CO). Failure of the contractor to meet the agreed upon delivery/pickup window may subject the contractor to an emergency delivery/pickup at no additional cost to the government should alternate arrangements not be made in advance of the pickup window start time. The designated COR will provide the contractor a list of authorized personnel and their ranking as to what level of authority they can request scheduling emergency pickup and delivery of containers.

2.2.2.1 Routine Scheduled Service Pickup and Delivery Service: To accommodate contractor scheduling the contractor will coordinate with the COR on establishing the reoccurring delivery/pickup day either on Wednesday or Thursday between 12:00 and 15:00 hours (12:00 p.m. to 3:00 p.m.) local time. Thursday is the preferred day of the week for pickups due to the current vaulting schedule. There will normally be one pick-up and delivery trip per week.

Once established, this schedule will remain set for the contract period of performance. One time variances from this set schedule will require prior written (email) approval via the COR. If a permanent change to the scheduled day of the week is required the CO will provide concurrence before the schedule is altered.

2.2.2.2 Emergency/Critical Pickup and Delivery Service: The contractor shall provide emergency pickup and delivery service within twenty-four (24) to forty-eight (48) hours of the request, twenty-four (24) hours a day, seven (7) days a week.

2.2.2.3 Contractor Service Delays: If the contractor experiences delays beyond its control (such as weather), the COR shall be notified immediately of the delay and expected time of delivery/pickup. If these arrangements cannot be accommodated by the BSEE, arrangements shall be made for an alternate delivery/pickup window on the same or later date. If the contractor fails to notify the COR by phone or email, the contractor shall be subject to providing emergency delivery/pickup service at its own expense.

2.2.3 Special Deliverables

If a contractor other than the incumbent contractor is awarded this contract, the new contractor will coordinate with the existing contractor through the COR to pick-up and move all containers currently stored off-site at the existing contractors facility to the new facility location within thirty (30) days of contract award.

2.2.4 Media type

BSEE tapes will be shipped in secured containers. There are several configurations of containers in use from plastic “turtle type” tape containers holding 5 LTO cartridges to large metal containers that hold up to 70 LTO cartridges. Physical sizes are listed in the table below.

CONTAINER LENGTH WIDTH HEIGHT

C1 14.5” 6.5” 6” C2 14.5” 13” 6” C5 11” 16.9” 5.25” C7 11.5” 8” 6” M3 22.5” 13” 5.75”

Recent inventory shows this mix of containers:

C1-C2 = 539 Containers C5-C7 = 223 Containers M3 = 248 Containers Total = 1010 Containers

This inventory does fluctuate by a few containers plus or minus weekly Locking tags will be supplied by BSEE.

Normal weekly rotation is 2 containers in and 2-4 containers out of storage.

2.3 DELIVERABLE SCHEDULE

Deliverable products shall be submitted to the COR in accordance with the following schedule.

Item No.

Deliverable

Due Date

Location of Distribution Point

A Schedule Media Pickup and Delivery Service

Within the three hour delivery/pickup window between 12:00 and 15:00 hours (12:00 pm to 3:00 pm) local time.

1201 Elmwood Park Blvd., New Orleans, LA 70123

Reference Section 2.2.2.1

B Emergency/Critical Pickup and

Within 24-48 hours, Monday through Friday between 08:00 and 15:00 hours (8:00 am and 3:00 pm) local time.

To be coordinated with the COR.

Reference Section

2.2.1.2 & 2.2.2.2

C Confidentiality Agreement Retained by the contractor and available for inspection during regular business hours during the period of performance and for three (3) years after the expiration of the contract.

Contractor’s Facility

2.4 ADDRESSES FOR DELIVERABLES AND POINTS OF CONTACT

2.4.1 Contracting Officer (CO)

Najma Shaikh The United States Department of the Interior (DOI) Bureau of Safety and Environmental Enforcement (BSEE) Acquisition Operations Branch 45600 Woodland Rd, MS VAE-AMD, Sterling, VA 20166 Phone: 703-787-1529 Email: najma.shaikh@bsee.gov

2.4.2 Contracting Officer’s Representative (COR)

[TO BE FILLED IN AT TIME OF AWARD]

2.5 ACCEPTANCE CRITERIA

General quality measures, as set forth below, will be applied to all services provided by the contractor.

2.5.1 Accuracy: The contractor shall provide services in adherence with the requested actions.

2.5.2 Timeliness: The contractor shall submit work products in accordance with Section 2.4 of the Statement of Work. Services shall be performed on time within the scheduled window except for Holidays (Federal and contractor) and general disaster conditions (such as hurricanes, flooding, etc.) Normal services falling on Holidays will be rescheduled for the following business day except where another day/date is requested by the Government. Normal services preempted by general disaster events will be resumed immediately following the disaster event except where requested otherwise by the Government.

2.6 SAFEGUARDING SENSITIVE INFORMATION

2.6.1 Sensitive and Proprietary Information: All BSEE/BOEM material is classified as “Unclassified Sensitive Information” or “Proprietary Information” and is subject to special handling procedures. The contractor shall safeguard all material in accordance with the BSEE Manual Chapter 386.1, Safeguarding of Records and Information: MMS Service Manual 386, Section 3, Appendix 1 . The contractor shall limit employee access to BSEE/BOEM material to the absolute minimum necessary for performance of work. The contractor shall ensure that its concerned employees understand their responsibilities for safeguarding proprietary information.

2.6.21 Penalties: The contractor shall ensure its employees are aware of applicable penalties stipulated by Federal Regulations and Federal Criminal Statutes (Title 43, USC, Section 1350 and Title 18, Chapter 121). Link: http://vlex.com/vid/sec-remedies-and-penalties-19255913 and http://cfr.vtex.com/source/code-federal-regulations-conservation-power-water-resources- 1067.

https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter121&edition=prelim

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SECTION 3

GENERAL TERMS AND CONDITIONS

3.0 PERIOD OF PERFORMANCE

The period of performance for this purchase order shall be as follows:

Base Period: 09/25/2021 – 09/24/2022 Option Period 1: 09/25/2022 – 09/24/2023 Option Period 2: 09/25/2023 – 09/24/2024

3.1 TYPE OF ORDER

This award is for a Hybrid Type Purchase Order (with both firm fixed price and time & materials line items).

3.2 PLACE OF PERFORMANCE

The place of performance for the work required under this purchase order shall be the contractor’s facility.

3.3 52.217-8 – OPTION TO EXTEND SERVCES (NOV 1999)

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

3.4 52.217-9- OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed thirty-six (36) months.

3.5 LIMITED USE OF DATA

Performance of this effort may require the Contractor to access and use data and information proprietary to a Government agency or Government Contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor and/or Contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon written approval of the Contracting Officer (CO). The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner which provides for greater rights to the Contractor.

3.6 DATA USE, DISCLOSURE OF INFORMATION, AND HANDLING OF

SENSITIVE INFORMATION

The Contractor shall maintain, transmit, retain in strictest confidence, and prevent the unauthorized duplication, use, and disclosure of information. The Contractor shall provide information only to employees, Contractors, and subcontractors having a need to know such information in the performance of their duties for this project.

Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer (CO). If public information is provided to the Contractor for use in performance or administration of this effort, the Contractor except with the written permission of the CO may not use such information for any other purpose.

If the Contractor is uncertain about the availability or proposed use of information provided for the performance or administration, the Contractor will consult with the COR regarding use of that information for other purposes.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records which are not public information. Each employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

Each employee shall sign the non-disclosure agreement form as provided at Attachment 1, and the Contractor shall submit the signed form to the CO prior to the employee’s information access.

Performance of this effort may require the Contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorize Government personnel or upon written approval of the CO. The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner that provides for greater rights to the Contractor. All data received, processed, evaluated, loaded, and/or created as a result of this Purchase Order shall remain the sole property of the Government unless specific exception is granted by the Contracting Officer.

3.7 INVOICING REQUIREMENTS

For Time and Materials CLINS, the Contractor may invoice on a monthly basis for all work completed in the prior month in the Authorized Billing Rates contained in Section 1.

Firm Fixed Price CLINS shall be invoiced in arrears no more than once monthly.

3.7.1 DOI-AAAP-0028 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:

For Time and Materials CLINS:

The Contractor may invoice on a monthly basis for all work completed in the prior month at the Labor and Material Rates contained in Section 1. At a minimum, invoices must contain the following data: Labor Categories and/or description of supplies, unit price, number of units invoiced, extended invoice amount, cumulative amount invoiced to date for each Contract Line Item Number (CLIN), total amount funded, and funding remaining to date. The Contractor will also provide any additional documentation, pricing detail, and/or information required by the Contracting Officer or the Contracting Officer’s Representative to support the charges invoiced.

For Firm Fixed Price CLINS:

No additional supporting documentation is required.

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 quote or quotation.

3.8 PERSONNEL REQUIREMENTS

3.8.1 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 individual(s) are considered to be essential to the work being performed under this contract:

* (To be completed by Contractor and submitted as part of the Quote)

3.8.2 Substitution of Key Personnel

(a) The Contractor agrees to assign those persons identified above and who are necessary to fulfill the requirements of the contract 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 contract shall be mutually agreed upon by the contractor and the Government and will be specified in the contract. During the first 90 calendar days of the contract, 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 contract performance.

3.9 NON-PERSONAL SERVICES

This Purchase Order is a “non-personal services order” as defined in FAR 37.101 under which the personnel rendering the services are not subject, either by the order’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

Personnel assigned to render services under this Purchase Order shall at all times be employees of the Contractor (or a subcontractor) and under the direction and control of the Contractor.

Notwithstanding any other provisions of this order, the Contractor shall at all times be responsible for the supervision of its employees in the performance of the services required hereunder.

The Contractor and/or the Contractor’s employees: (1) shall perform the services specified herein as an independent contractor, not as employees of the government; (2) shall be responsible for management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer, as is necessary to ensure accomplishment of the Purchase Order objectives.

If the Contractor finds clarification necessary with respect to the scope of services to be performed or the manner in which the services are to be performed hereunder, the Contractor shall request clarification from the Contracting Officer in writing.

Employees of the Contractor (or a subcontractor) must make clear, in dealings with the public, federal employees, or other contractors, that they are not federal employees. To minimize possible confusion, the Contractor’s (or subcontractor) employees are not permitted to wear clothing or other items, apart from the official identity credential, bearing the name, logo, or seal of the Bureau of Safety and Environmental Enforcement while performing work under this purchase order.

3.10 AVAILABILITY OF CLAUSES:

3.10.1 In accordance with FAR 52.252-2, this solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The Contractor shall comply with these clauses unless the circumstances do not apply. The full text of a clause may be accessed electronically at the following address: http://acquisition.gov/comp/far/index.html.

FAR Clause Title Date Required By

52.212-4 Contract Terms and Conditions - Commercial Items OCT 2018 12.301(b)(3) 52.204-13

S System for Award Management Maintenance OCT 2018 4.1105(b)

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 33.215(b)

3.10.2 The following FAR contract provision or clauses as required by the Federal Acquisition Regulations are attached hereto in full text.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2021)

(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 items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws

108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN

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

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

117, section 743 of Div. C).

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

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

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

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

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR

2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] __ (14)

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

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

__ (15)

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT

2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9 __ (18)

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

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

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN

1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

Aside (MAR 2020) (15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV

2020) (15 U.S.C. 632(a)(2)).

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

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

Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

_x_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and

Remedies (JAN2020) (E.O.13126).

_x_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

x__ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

_x_ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

x__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) (29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

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

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496).

x__ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT

2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

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

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN

2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

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

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY

2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer

Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

x__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (JUN 2020) (E.O. 13513).

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

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

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

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

__ (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act

(JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 1 9 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB

2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (OCT2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (FE006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 26.

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

__ (iii) Alternate II (FEB 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (AUG

2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

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

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

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN

2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT

2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.