B09-Revised_140M0121Q0062_-_Amendment_0001_0001.pdf

SYNOPSIS:

PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE

THAT WILL BE ISSUED. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

The U.S. Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE), on behalf of the Bureau of Ocean Energy Management (BOEM), has a requirement for contractor support for Tribal Engagement and Consultation. The estimated period of performance for this requirement is eighteen (18) months from date of award.

The purpose of this combined synopsis/solicitation is to solicit quotes as described in the attached solicitation. The Government anticipates a Firm Fixed Price (FFP) type award as a result of this solicitation. This procurement is being conducted in accordance with FAR Part 13, "Simplified Acquisition Procedures". The North American Industrial Classification Systems (NAICS) code is 541620, Environmental Consulting Services, with a small business size standard of $16.5 million. This solicitation is being issued as a set aside for Indian Economic Enterprises.

All potential offerors must be registered in the System for Award Management (SAM) (www.sam.gov) at the time an offeror of quotation is submitted.

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

140M0121Q0062”.

mailto:Stephanie.Brock@bsee.gov

SECTION 1

PRICING

1.1 GENERAL

This acquisition is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 13, "Simplified Acquisition Procedures". The North American Industrial Classification Systems (NAICS) code is 541620, Environmental Consulting Services, with a small business size standard of $7.0 million.

The Bureau of Safety and Environmental Enforcement (BSEE), on behalf of the Bureau of Ocean Energy Management (BOEM), intends to award a Firm Fixed Price (FFP) Purchase Order for Tribal Engagement and Consultation, as specified under Section 2, Statement of Work. This acquisition is set aside for Indian Economic Enterprises.

1.2 LINE ITEM/PRICING

The specific details and description of the Purchase Order/Contract Line Item Number (CLIN) is described as follows (Offeror shall provide information as part of their price quotation):

CLIN DESCRIPTION QTY UNIT TOTAL PRICE

00010 The Contractor shall provide all services as described in Section 2, Statement of Work

1 Job $

CLIN 00010 is a Firm Fixed Price (FFP) line item inclusive of all the necessary labor, material, and travel required to complete the effort as described in Section 2, Statement of Work.

SECTION 2

STATEMENT OF WORK

2.1 PURPOSE

BOEM seeks to advance implementation of Executive Order 13175 and the other authorities cited in BOEM’s Tribal Consultation Guidance. BOEM has a relationship with federally recognized tribal nations (“Tribes”), Alaska Native Claims Settlement Act (“ANCSA”) corporations, and Alaska Native Villages that have a connection to proposed BOEM actions involving offshore energy projects. BOEM has an affirmative duty to consult with tribal nations on a government-to-government relationship, the intent is to also cover ANCSA Corporations and Alaska Native Villages except that only federally recognized tribes are sovereign nations. BOEM seeks to strengthen its relationship with tribal partners through direct advice and counsel from tribal leadership to inform and educate BOEM leadership on issues and practices that may have tribal impacts.

2.2 BACKGROUND

Strengthen BOEM consultation with Tribes for renewable energy development and other BOEM projects. BOEM has employed various approaches for consultation, depending on the scope, scale, and significance of the proposed undertaking, and seeks to improve the delivery and outcomes.

For complex, controversial, or large-scale actions, face-to-face, government-to-government meetings have been considered most appropriate. In other circumstances, BOEM has sent letters to Tribes by certified mail, followed up with phone calls, virtual meetings, and emails. BOEM tribal liaisons also answer questions and requests for information as requested on a case-by-case basis. BOEM seeks to include more tribal nations in regular meetings, develop and in some cases repair relationships with tribal nations and tribal staff. Provide guidance and recommendations on measures to avoid, minimize, and/or mitigate impacts to environmental, cultural, and socioeconomic resources of significance to Tribes that could be broadly applicable to current and future offshore renewable energy projects. Identify Tribes with historic and cultural ties to proposed lease areas and other renewable energy sites off the coasts which should be invited to participated as cooperating agencies in National Environmental Policy Act (NEPA) reviews.

BOEM has worked with several tribes for many years and continues to seek guidance and dialogue with removed tribes regarding project of tribal interests. Propose and advise BOEM leadership on training and education that BOEM staff may need for better dialogue, including understanding the Federal Government's unique legal treaty and trust relationship with Indian tribal governments and cultural competency training. Some tribal nations have been frustrated with BOEM staff who use industry terminology or myopic terminology that sets the course of discussions on a terminal path.

Propose and advise training and education of BOEM staff about policies and programs available to BOEM which may provide training, education, and financial support generally for Tribal engagement in BOEM activities concerning renewable energy and BOEMs other programs.

https://www.boem.gov/sites/default/files/about-boem/Public-Engagement/Tribal-Communities/BOEM-Tribal-Consultation-Guidance-with-Memo.pdf

2.3 OBJECTIVES

1. Increase BOEM cultural competency and knowledge, skills, abilities in working with tribes, listening to tribes, incorporating tribal knowledge into decision-making processes.

2. Determine best practices for BOEM tribal engagement by increasing our capability and understanding of tribal issues.

2.4 DESCRIPTION OF WORK

Contract support is needed for several BOEM tribal initiatives including Cultural Landscape Project on the North Slope communities and on the Eastern Seaboard. Utquiagvik and Kaktovik Inupiat Community cultural sharing with Aquinnah and Mashpee Wampanoag Communities to produce tribally-led project to protect Inupiat cultural values and protected co-managed monument for their whalers. The Wampanoag Tribes also were formerly whaling people and are disproportionately affected by Renewable Energy development in their traditional territory and on their submerged landscape. Renewable Energy Task Force or Tribal Leader Council of Advisors to advise the BOEM Director and Senior Leadership. Tribal Advisors shall have a stipend for meetings attended. Ongoing and continuing work on consulting with tribal nations on proposed projects and following up on items and initiatives is paramount. Tribal Consultation will need to be initiated regarding the BOEM tribal policy, and facilitated meetings will need to coordinated.

NEPA/NHPA Section 106 meetings will need to be facilitated and coordinated with tribal nations and other indigenous groups and historically disadvantaged groups. At least 16 quarterly virtual meetings will need to be facilitated and moderated with BOEM Regions. At least 5 Native American Heritage Month webinars and other webinar series to increase understanding of BOEM staff and tribal worldview will be important for tribal buy-in and engagement. Planning Senior Leadership Retreat to raise awareness of tribal issues.

2.5 TASKS

TASK #1 – Tribal Engagement

• Set up twelve (12) virtual tribal consultation regarding BOEM’s Tribal Policy for up to 50 tribal nations, take meeting notes, and facilitate dialogue. The tribal nations include, but are not limited to, Nuiqsut, Aquiannah, Wampanoag, and Inupiat, and any federally recognized tribal nation with an interest in activities in any of BOEM’s four (4) Outer Continental Shelf (OCS) Regions including the Atlantic, Pacific, Gulf of Mexico, and Alaska. Each virtual tribal consultation shall be 60 to 90 minutes and be conducted via Zoom or Microsoft Teams. A meeting agenda shall be provided to the COR no later than five (5) business days prior to each virtual consultation for approval.

• Facilitate and Host five (5) webinars for BOEM Native American Heritage Month Events.

All webinar materials shall be provided to the COR no later than ten (10) business days prior to each webinar for approval.

TASK #2 – Contract Support for Virtual Meetings

• Moderate ten (10) virtual tribal consultation meetings, including regional meetings, with tribal nations. A meeting agenda shall be provided to the COR no later than five (5) business days prior to each virtual meeting. Minutes shall be transcribed during the meeting and provided to the COR no later than ten (10) business days after completion of each meeting.

TASK #3 - Tribal Leader Council of Advisors

• Set up Travel and Logistics for two (2) Tribal Cultural Exchanges between the Aquiannah and Wampanoag Tribes and Inupiat Communities. One (1) Tribal Council Member from the Aquiannah and Wampanoag Tribes will travel to Utqiaġvik, Nuiqsuit, and Kaktovik, as arranged and in accordance with safety protocols agreed upon from the villages. The venue can include the Inupiat Heritage Museum or one of the villages. Documentation of travel arrangements and meeting logistics shall be provided to the COR no later than ten (10) business days prior to each Cultural Exchange.

• Set up ten (10) virtual meetings including an estimated $300.00 stipend, intended to compensate time and effort in preparation for virtual meetings, including research and writing. A meeting agenda shall be provided to the COR no later than five (5) business days prior to each virtual meeting.

2.6 DELIVERABLES

Submit all deliverables in accordance with the following planned schedule:

a. Meeting Agenda for Virtual Tribal Consultation – BOEM Tribal Policy:

Submit a meeting agenda to the COR no later than five (5) business days prior to each Virtual Tribal Consultation for approval.

b. Webinar Materials: Submit all webinar materials to the COR no later than ten (10) business days prior to each webinar for approval.

c. Meeting Agenda for Virtual Tribal Consultation: Submit a meeting agenda to the COR no later than five (5) business days prior to each Virtual Tribal Consultation for approval.

d. Minutes for Virtual Meetings: Submit minutes to the COR no later than ten (10) business days after completion of each meeting.

e. Travel Arrangements and Meeting Logistics Documentation: Submit documentation of travel arrangements and meeting logistics to the COR no later than ten (10) business days prior to each Cultural Exchange.

f. Meeting Agenda for Tribal Leader Council of Advisors Virtual Meetings:

Submit a meeting agenda to the COR no later than five (5) business days prior to each virtual meeting.

Table 1. Table of Deliverables, Due Dates, and Distribution Instructions

Item Deliverable Due Date Submit to Submit via A. Meeting Agenda for

Virtual Tribal Consultation – BOEM Tribal Policy

No later than five (5) business days prior to each Virtual Tribal Consultation

COR & CO Email

B. Webinar Materials No later than (10) business days prior to each webinar

COR & CO Email

C. Meeting Agenda for Virtual Tribal Consultation

No later than five (5) business days prior to each Virtual Tribal Consultation

COR & CO Email

D. Minutes for Virtual No later than ten (10) business COR & CO Email Meetings days after completion of each meeting E. Travel Arrangements and Meeting Logistics Documentation

No later than ten (10) business days prior to each Cultural Exchange

COR & CO Email

F. Meeting Agenda for Tribal Leader Council of Advisors Virtual Meetings

No later than five (5) business days prior to each Virtual Tribal Consultation

COR & CO Email

Table of Addresses and Contact Information

Contracting Officer (CO) Stephanie Brock stephanie.brock@bsee.gov

Contracting Officer’s Representative (COR) TBD at Time of Award mailto:stephanie.brock@bsee.gov

SECTION 3

COMMERCIAL ITEMS TERMS AND CONDITIONS

3.1 TYPE OF ORDER

The Bureau of Safety and Environmental Enforcement (BSEE), on behalf of Bureau of Ocean Energy Management (BOEM), anticipates a Firm Fixed Price (FFP) type Purchase Order.

3.2 PERIOD OF PERFORMANCE

The period of performance for this effort shall be eighteen (18) months from date of award.

3.3 PLACE OF PERFORMANCE

The primary place of performance is at the contractor’s facility.

3.4 ADMINISTRATION / GOVERNMENT POINTS OF CONTACT

3.4.1 Contracting Officer (CO)

Stephanie Brock Bureau of Safety and Environmental Enforcement 45600 Woodland Road, Mailstop VAE-AMD Sterling, VA 20166 Phone Number: 703-787-1151 Email: Stephanie.Brock@bsee.gov

3.4.2 Contracting Officer’s Representative (COR)

[To be completed upon award]

3.5 INVOICING REQUIREMENT

Invoices shall be submitted monthly in accordance with Section 3.5.1 below. Monthly payments will be in equal installments totaling the total firm-fixed-price (FFP) amount of the purchase order.

3.5.1 DOI-AAAP-00028, ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

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

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Documentation required by FAR 32.905(b)

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

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

3.6 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers exceeding the COR's appointment, within 3 days of the occurrence.

Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and https://www.ipp.gov/ mailto:ippgroup@bos.frb.org consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

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

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

3.7 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(DEC 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts.

The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

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

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

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

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.gov/

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

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

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

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

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

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

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

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

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

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

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

3.8 CONTRACTOR’S QUOTE

The Contractor’s quote may be incorporated by reference into the purchase order. Any inconsistencies or in event of a conflict between terms and conditions of the purchase order and the contractor’s quote shall be resolved by giving precedence to the terms and conditions of the purchase order.

3.9 CONTRACTOR PROJECT MANAGER

The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts used in performance of this contract. The Contractor’s management responsibilities shall include all the activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained herein.

The Contractor shall provide a Project Manager (PM) to facilitate Government-Contractor communications. The PM shall be the primary technical and managerial interface between the Contractor and CO and COR. The Contractor’s Project Manager shall meet with the COR as necessary to maintain satisfactory performance and to resolve other issues pertaining to the contract. A mutual effort shall be made at these meetings to resolve any and all identified problems.

3.10 NON-PERSONAL SERVICES CONTRACT

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

3.11 DISSEMINATION OF INFORMATION

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

3.12 CONTRACTOR CONFLICT OF INTEREST

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

(b) Any proposal submitted in response to this request for proposals must identify any actual or potential conflict of interest described in paragraph (a) and include a Conflict of Interest Mitigation Plan if the Contractor believes such persons or entities are indispensable to its proposal. The Government’s approval of any proposed Conflict of Interest Mitigation Plan shall be at the sole discretion of the Contracting Officer.

(c) Absent a written approval of a Conflict of Interest Mitigation Plan from the Contracting Officer, the Contractor, or any of its officers, representatives, employees, subcontractors, or teaming arrangement members, shall not be involved in any situation during the performance of this contract which may result in conflicts as contemplated in paragraph (a) above.

Failure to comply with this provision may be cause for termination for default.

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

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

(f) The Contractor, its employees, subcontractors and teaming arrangement partners, shall not engage in any communication regarding any aspect of performance of this contract with any person or entity described in paragraph (a) above without express permission from the Contracting Officer. Failure to comply with this provision may be cause for termination of this award for default.

3.13 STATEMENT OF DISCLAIMER

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

(1) Draft Final Report. “This draft report has not been reviewed by BOEM, nor has it been approved for publication. Approval, when given, does not signify that the contents necessarily reflect the views and policies of the Bureau, nor does mention of the trade names or commercial products constitute endorsement or recommendation for use.”

(2) Final Report. “This report has been technically reviewed by BOEM, and it has been approved for publication. The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the US Government, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”

(b) Acknowledgment of Sponsorship. In addition to the above information, the Contractor shall acknowledge Federal sponsorship in the draft and final reports by placing the followings statement on the title page of both reports:

“Study concept, oversight, and funding were provided by the U.S. Department of the Interior, Bureau of Ocean Energy Management, Environmental Studies Program, Washington, DC under Purchase Order Number.”

3.14 RELEASE OF NEWS INFORMATION

No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this effort shall be made without the prior written approval of the Contracting Officer.

3.15 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 government 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 and sub-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/sub-contractor shall sign the Non-Disclosure Agreement form as provided at Attachment 3, and the Contractor shall submit the signed form to the CO prior to the employee’s/sub-contractor’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 authorized 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 CO.

3.16 PRINTING

The Contractor shall not engage in, nor sub-contract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of the contract) in connection with the performance of work under this contract provided, however, that performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page, or less than 25,000 production units in the aggregate of multiple pages, will not be deemed to be printing. A production unit is defined as one sheet, size 8 and ½ x 11 inches, one side only, one color.

3.17 SECTION 508 OF THE REHABILITATION ACT

Section 508 of the Rehabilitation Act of 1973 (found at 29 U.S.C. 794d) requires access to and use of information by individuals with disabilities. A deliverable such as electronic reports (ex: PDF files) to be placed on the web (either on the agency's web server of the company's), video footage, or other electronic data such as CD-ROMs to be distributed, are subject to Section 508 guidelines.

Simplified, this means that PDF files need to be formatted so that they are "readable" by assistive technology devices such as screen readers. Video footage must be closed captioned. CD-ROMs which contain HTML, PDF, or word processor files must be accessible.

3.18 CLAUSES INCORPORATED BY REFERENCE

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. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following address: https://www.acquisition.gov/far

Clause Title

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.212-4 Contract Terms and Conditions - Commercial Items (OCT 2018) 52.217-2 Cancellation Under Multi-year Contracts (OCT 1997)

3.19 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. 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 10 days.

3.20 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(SEPT 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).

https://www.acquisition.gov/far https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23

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

(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:

X (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)).

X (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.)

X (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).

X (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 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3

(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.

X (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.

X (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).

https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

X (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.

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

X (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).

https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50

X (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.

https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-18#FAR_52_223_18 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3

(48) 52.225-1, Buy American-Supplies (JAN 2021) (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, 19 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 (MAY 2014) of 52.225-3.

(iii) Alternate II (MAY 2014) of 52.225-3.

(iv) Alternate III (MAY 2014) 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).

(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).

https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3…