Attach_21_-_Amend_0002_23R0021_SF1449_REV_CONT_PAGES_0002.pdf

REV - Solicitation

Document No.

140L0623R0021 –

Amend 0002

Document Title

Tulageak Test Well #1 & Reserves – Legacy Well Remediation NPR-A

TABLE OF CONTENTS

PART A – CONTINUATION OF SF 1449

Supplemental Information

Contract Price Schedule

PART B – COMMERCIAL CONTRACT CLAUSES

As indicated in Block 27a of the SF1449, FAR Clause 52.212-4 Contract Terms and Conditions –

Commercial Products and Commercial Services (DEC 2022) applies to this solicitation and is incorporated by reference

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

(DEC 2022)

Addendum 1.0: Additional Clauses Incorporated by Reference

Addendum 2.0: Additional Clauses Incorporated by Full Text

Addendum 3.0: Department of the Interior Local Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial

Products and Commercial Services (MAR 2023)

PART C – CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

List of Attachments

PART D – SOLICITATION PROVISIONS

As indicated in Block 27a of the SF1449, FAR Clause 52.212-1 Instructions to Offerors – Commercial

Products and Commercial Services (MAR 2023) applies to this solicitation and is incorporated by reference. 6

Addenda to 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023)

Addendum 1.0: Submission Instructions Specific to this Solicitation

Addendum 2.0: Additional Provisions Incorporated by Reference

Addendum 3.0: Additional Provisions Incorporated in Full Text

52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC

2022)

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PART A – CONTINUATION OF SF 1449

Supplemental Information

1. This procurement is set aside for Indian Small Business Economic Enterprise (ISBEE) entities under NAICS code 562910 “Environmental Remediation Services” with a size standard of 1000 employees.

2. The price schedule (Blocks 19-24) applicable to this contract is included on the following page.

3. Submitted offers shall be valid for 120 calendar days from the date specified for receipt of offers.

4. The resultant award will be a firm fixed price contract.

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Contract Price Schedule

Solicitation Number: 140L0623R0021

Contract Type: Firm Fixed Price

Project Title: Tulageak Test Well #1 & Surface Remediation, National Petroleum Reserve in Alaska (NPR-A)

Notice: Respondents are required to submit, a minimum, an offer that conforms to the solicitation documents with pricing for Base line items and all option line items. Failure to do so may render the proposal unacceptable. On lump-sum line items, provide the total price only. For all unit-priced line items, provide the unit price and the extended total price. If no specific line item exists for a portion of the work, include the costs in a related item. In case of error in calculation of extended prices, the unit price governs. In case of error in summation, the total of the corrected amounts govern. Round totals and extended prices to whole dollars.

Contract Line Item

Number

(CLIN)

Contract Line Item (CLI) Title Qty Unit Unit Price Total Price

Tulageak Test Well #1 Surface Remediation

1 LS $0.00 $0.00

Inclement Weather - Firm Fixed Unit Price***

1 LS $0.00 $0.00

TOTAL BASE PRICE (Contract Line Item Number 1 through 2) -------------------------

$0.00

OPTIONAL TASK 1 -

Characterization of West Dease #1 Well Site and Reserve Pit

1 LS $0.00 $0.00

OPTIONAL TASK 2 -

Characterization of East Simpson #1 Well Site and Reserve Pit

1 LS $0.00 $0.00

TOTAL PRICE FOR ALL OPTIONS (Contract Line Item Number 3 through 4) ------

$0.00

TOTAL PROPOSED PRICE - BASE PLUS ALL OPTIONS (Contract Line Item Number 1 through 4) --------------------------

$0.00

*** A Not-to-Exceed CLIN amount will be added at time of award.

CLIN 2 - Inclement Weather Subline

Item Number

Subline Item Title Qty Unit Unit Price Total Price

Mobilization Phase Inclement Weather Day

2 DAY $0.00 $0.00

Demobilization Phase Inclement Weather Day

2 DAY $0.00 $0.00

Remediation Phase Inclement Weather Day

2 DAY $0.00 $0.00

Plugging & Abandonment Inclement Weather Day

2 DAY $0.00 $0.00

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PART B – COMMERCIAL CONTRACT CLAUSES

PART C – CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

PART D – SOLICITATION PROVISIONS

As indicated in Block 27a of the SF1449, FAR Clause 52.212-1 Instructions to Offerors

– Commercial Products and Commercial Services (MAR 2023) applies to this solicitation and is incorporated by reference.

Addenda to 52.212-1 Instructions to Offerors – Commercial Products and Commercial

Services (MAR 2023)

Addendum 1.0: Submission Instructions Specific to this Solicitation

Pre-Proposal Conference: A virtual pre-proposal conference will be held on June 15, 2023, at 1300 MT.

To attend this virtual pre-proposal conference, please send an email with a list of attendees to gjeremie@blm.gov and nroush@blm.gov by 1500 MT on June 14, 2023.

Respondents to this solicitation shall submit electronic file versions of responses via e-mail to both of the following addresses no later than the date and time specified in this solicitation. The local time referenced in Block 8 of the SF1449 is the Mountain Time (MT) Zone.

Electronic Commerce (E-mail):

Greetchen Jeremie, Contract Specialist gjeremie@blm.gov

Nathan Roush, Contracting Officer nroush@blm.gov

The file size is limited to 20 MB per email. Offerors may send multiple emails if needed due to size limitations.

Offerors are encouraged to review the timeliness submission requirements for electronic commerce in FAR

52.212-1(f). No links will be reviewed.

Questions will be accepted in writing to gjeremie@blm.gov and nroush@blm.gov by the date and time stated in the SF1449.

Respondents shall submit a proposal that fully addresses all evaluation factors described in FAR Clause

52.212-2. The proposal shall be organized and submitted as outlined in this solicitation.

The Volume I submission includes the following page limitations:

Factor Page Limitation

Factor 1: Technical Approach

Factor 2: Management Approach Factor 3: Experience

Factor 4: Infrastructure for Arctic Fieldwork

35 pages combined

Factor 5: Past Performance No limitation mailto:gjeremie@blm.gov mailto:nroush@blm.gov mailto:gjeremie@blm.gov mailto:nroush@blm.gov mailto:gjeremie@blm.gov mailto:nroush@blm.gov

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The provided page limitations are inclusive of cover letters, pictures, and charts. Title pages, dividers and table of contents shall not be counted in the page limitations. Any information provided beyond this limit will not be evaluated.

There is no page limit for the Volume II submission.

There is no page limit for the Volume I submission.

The Volume II submission includes the following page limitations:

Factor Page Limitation

Factor 1: Technical Approach

Factor 2: Management Approach Factor 3: Experience

Factor 4: Infrastructure for Arctic Fieldwork

35 pages combined

Factor 5: Past Performance No limitation

The provided page limitations are inclusive of cover letters, pictures, and charts. Title pages, dividers and table of contents shall not be counted in the page limitations. Any information provided beyond this limit will not be evaluated.

Page size shall be 8.5 x 11 inches and a minimum margin size of one-half inch on all sides. Fonts shall be readable and a minimum size of 10-point font is recommended for use.

1. VOLUME I

a. Short Cover Letter

i. Offeror’s (company) name, address, UEI number, DUNS number, and phone number

ii. Point of contact for two individuals within the company (phone number and email address)

iii. Entity making this submittal:

Parent Company ______ Subsidiary _______ Division _______ Branch Office _______

iv. Year company/entity was established: __________

v. List any former company/entity names and reason(s) for revision/restructuring if applicable.

vi. Original signature of the individual with the authority to bind the contractor and to negotiate.

vii. Statement that the proposal is valid for the time period set in continuation pages of the

SF1449.

viii. Statement that the contractor will be compliant with the requirements outlined in FAR

52.219-14.

ix. Response to the following questions:

o Judgments, Claims, and Lawsuits: Are there any judgments, claims, and/or lawsuits pending or outstanding against or involving entity or partners comprising your entity?

o No ___, Yes ___. If yes, submit details of all judgments or claims against either parent office or division/branch that will be responsible for the accomplishment of this project on a separate sheet.

o Is your entity or partners comprising your entity under suspension or debarment by any Federal, state, or local agency, or been terminated on any past projects

(Federal or others)?

o No ___, Yes ___. If yes, submit details on a separate sheet.

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b. Completed SF1449 and Amendments

Submit the Standard Form 1449 and have an official having the authority to contractually bind the offeror's company sign the SF 1449 in accordance with the procedures prescribed in the

Federal Acquisition Regulation (FAR) 4.102. Acknowledge all solicitation amendments using one of the methods set forth in Block 11 of SF 30, the amendment.

c. Price

The offeror shall complete the pricing schedule, inclusive of any options, included as

Attachment 1 to the solicitation. This price schedule includes a fixed pricing model for CLIN

0002 Inclement Weather, which will be added to the total proposal price for evaluation purposes only. Offerors shall not change the units or quantities in any part of the price schedule in

Attachment 1. The offeror shall also include a supplemental pricing element that details the price breakdown by major components.

d. Representations, Certifications and Other Statements of Offerors

Complete all required representations and certifications if they are not available at www.SAM.gov. The offeror may need to separately complete FAR Provision 52.209-13 if not available on www.SAM.gov. Offerors shall ensure that all provisions in this solicitation that are not included in the offeror’s System for Award Management (SAM) record are submitted in the business proposal. All offerors must indicate compliance with provision DIAR 1452.280-4 Indian

Economic Enterprise Representation (February 2021) by completing the provided provision included in this solicitation.

NOTE: Current, active registration at www.SAM.gov is a requirement for contract award; the

Government highly recommends completing SAM registration before submitting the offer.

2. VOLUME II

a. Factor 1: Technical Approach

The Offeror shall submit a comprehensive technical approach for development and execution of the Field Sampling and Surface Clean-up Plan, Remediation Work and a Plugging and

Abandonment (P&A) Plan in accordance with the Statement of Work requirements. The technical approach for the P&A Plan shall demonstrate the design and procedures for each well under the project pursuant to the documented historic record.

b. Factor 2: Management Approach

The Offeror shall submit a comprehensive management approach to the planning and commitment of resources for the well remediation services identified in the Statement of Work.

Discuss how the management approach provides the flexibility necessary to manage the project schedule and performance risks innovatively and cost-effectively. Provide an organizational chart and narrative that demonstrates the roles and responsibilities of key personnel, the proposed prime contractor, and all key subcontractors. Describe how the subcontractors will be managed and coordinated.

c. Factor 3: Experience

The offeror shall describe its experience as a prime contractor working with the proposed project team (including key personnel and other subcontractors) to successfully complete http://www.sam.gov/ http://www.sam.gov/ http://www.sam.gov/

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I. Contract number

II. Estimated annual dollar value of contract

III. Description of services (including location) provided and the offeror’s level of responsibility and authority on the project

IV. Identification of the corresponding task area(s) to which the project pertains

V. (If applicable) List of subcontracted services and subcontractors used, along with estimated annual cost of each subcontracted service.

VI. Type of contract (e.g., cost reimbursable, incentive fee, award fee, time and materials, fixed price, etc.).

VII. Date of contract start and completion, including options.

d. Factor 4: Infrastructure for Arctic Fieldwork

The Offeror shall submit a narrative description of the infrastructure they possess for arctic mobilization, field work, and equipment required by the SOW. Where equipment or infrastructure is not owned by the offeror, describe the arrangements for equipment rental and strategies to address seasonal demands in the local market.

e. Factor 5: Past Performance

The offeror shall complete the included Past Performance Questionnaire for up to three (3) complete projects performed by the prime contractor within the last (7) seven years that are proposed to be similar scope, magnitude of effort, and complexities. The offeror shall complete

Parts A & B and coordinate completion of Parts C & D with the respective reference. Completed

Past Performance Questionnaires shall be included in the offeror’s proposal and not sent directly to the agency. CPARS records may not be used in lieu of the included Past

Performance Questionnaire. Offerors must use the provided Past Performance Questionnaires.

If the prime contractor does not have relevant past performance history, the proposal may include past performance information involving predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement.

(End of Provision)

Addendum 2.0: Additional Provisions Incorporated by Reference

52.225-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov

PROVISIONS INCORPORATED BY REFERENCE

http://www.acquisition.gov/

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52.204-7 System for Award Management OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

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Addendum 3.0: Additional Provisions Incorporated in Full Text

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered

Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services".

(d) Representation. The Offeror represents that— https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

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(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The

Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded

"will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES – REPRESENTATION

(OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management

(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of Provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

https://www.acquisition.gov/far/part-52#FAR_52_204_25

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(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management which can be accessed via https://www.sam.gov (see 52.204-7).

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS – NOTICE AND REPRESENTATION (JUN

2020)

(a) Definitions. As used in this provision—

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7).

The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement

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Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C.

5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It ☐ is ☐ is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations.

A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

52.333-2 SERVICE OF PROTEST DEPARTMENT OF THE INTERIOR (JUL 1996) (DEVIATION)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from BLM, National Operations Center, Attn: Nathan Roush, Contracting Officer, P.O. Box 25047, Denver, CO 80225. A courtesy copy shall be sent via electronic commerce (e-mail) to nroush@blm.gov.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW., Room 6511, Washington, DC 20240.

(End of Provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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1415.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION – DEPARTMENT OF THE

INTERIOR (APR 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) “Trade Secret” means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) “Confidential commercial or financial information” means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5

U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers “commercial and financial information obtained from a person and privileged or confidential,” and exemption (9), which covers “geological and geophysical information, including maps, concerning wells.”

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C.

552), the cover page of each copy of the proposal shall be marked with the following legend:

“The information specifically identified on pages ______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract.”

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

“This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal.”

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the

Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of

Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of

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Government as evidence that the information is not exempt from disclosure under the Freedom of Information

Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

DIAR 1452.280-4 INDIAN ECONOMIC ENTERPRISE REPRESENTATION (FEB 2021)

(a) The offeror represents as part of its offer that it ☐ does ☐ does not meet the definition of Indian

Economic Enterprise (IEE) as defined in DIAR 1480.201 and that it intends to meet the definition of an IEE throughout the performance of the contract. The offeror must notify the contracting officer immediately in writing if there is any ownership change affecting compliance with this representation.

(b) Any false or misleading information submitted by an enterprise when submitting an offer in consideration for an award set aside under the Buy Indian Act is a violation of the law punishable under 18

U.S.C. 1001. False claims submitted as part of contract performance are subject to the penalties enumerated in 31 U.S.C. 3729 to 3731 and 18 U.S.C. 287.

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52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. VOLUME I

a. Short Cover Letter

The cover letter will be reviewed for completeness.

b. Completed SF1449 and Amendments

The SF1449 will be checked for completion and timely acknowledgement of all amendments by an individual with binding authority.

c. Price

Proposed pricing is an evaluation factor. For the purposes of price evaluation, the Government will consider the total proposed price in the offeror’s completed Contract Price Schedule included as Attachment 1 to this solicitation. The total proposed price includes a fixed pricing model for CLIN 2. Proposed pricing will be evaluated for fair and reasonableness.

Reasonableness will be determined in accordance with the proposal analysis techniques identified in the FAR, DIAR and all other applicable statutes, regulations and policies. The

Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

d. Representations, Certifications and Other Statements of Offerors

The representations and certification and company information will be reviewed for completeness and used to determine responsibility.

2. VOLUME II

a. Factor 1: Technical Approach

A technical approach that indicates a thorough understanding of the work required and provides a sound and reasonable approach with a high feasibility for success to complete all project elements represents lower levels of risk and will be more favorably rated. Proposals not demonstrating these attributes present higher levels of risks and will be less favorably rated. A technical approach that demonstrates preparedness and contingency planning for arctic fieldwork presents lower levels of risk and will be more favorably rated. Proposals not demonstrating this attribute present higher levels of risk and will less favorably rated.

b. Factor 2: Management Approach

Management approaches demonstrating: (1) sound management practices and business processes; (2) effective resource management; and (3) approach to subcontract procurement and management in keeping with the subcontract requirements, and (4) clear corporate and project team commitment, hierarchy and lines of communication, roles, responsibilities, and relationships present lower levels of risk will be more favorably rated. Plans not demonstrating these attributes present higher levels of risk and will be less favorably rated.

c. Factor 3: Experience

Project experience demonstrating (1) capability to successfully complete relevant projects of similar scope and magnitude to this solicitation; (2) strong technical knowledge and skill

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Those not demonstrating these attributes present higher levels of risk and will be less favorably rated.

d. Factor 4: Infrastructure for Arctic Fieldwork

Infrastructure plans that consider logistical requirements, seasonal restrictions, site specific conditions regulatory and industry standards and that demonstrate preparedness and contingency planning present lower levels of risk will be more favorably rated. Plans not demonstrating these attributes present higher levels of risk and will be less favorably rated.

e. Factor 5: Past Performance

The past performance of the offeror on efforts similar in scope and complexity will be evaluated in the areas of quality of service, timeliness of performance, customer satisfaction and cost control. Past performance will be evaluated in terms of overall relevancy to this project and in terms of overall level of confidence in the firms’ ability to successfully execute and complete this project supported by the indicated past performance. Offerors demonstrating a higher level of successful past performance in the evaluated areas will be more favorably rated. In the case of an offeror without a record of relevant, recent past performance or for whom information on past performance is not available, the offeror will be evaluated neither favorably nor unfavorably.

NOTE: Offerors are advised that the Government may use data provided by the offeror and data obtained from other sources, to include additional references and the Contractor Performance

Assessment Report System (CPARS), in the development of past performance ratings.

EVALUATION PROCESS

Non-price factors will be rated as follows:

FACTOR RATING

Factor 1 – Technical Approach Adjectival

Factor 2 – Management Approach Adjectival

Factor 3 – Experience Adjectival

Factor 4 – Infrastructure for Arctic Fieldwork Adjectival

Factor 5 – Past Performance Confidence Rating

All non-price factors are listed in descending order of importance.

When combined, the non-price factors are of approximate equal importance to price in reaching the award decision.

Price is not an adjectivally rated factor; however, the price factor will become the more dominant factor as technical proposals reach technical equality. In such cases, where all non-priced factors being evaluated are virtually the same, best value may be represented by the lowest-priced proposal. Awards to higher priced Offerors with higher ratings on non-price factors may result where the decision is consistent with the evaluation factors, and the source selection authority reasonably determines that superior ratings of the higher priced offer(s) outweigh the price difference.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is

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Government to exercise the option(s).

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

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52.212-3 Offeror Representations and Certifications – Commercial Products and

Commercial Services (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the https://www.sam.gov/ https://acquisition.gov/far/part-52#FAR_52_204_25…