B08_RFQ_140M0124Q0005_released_23Jan24_1.pdf

Vessel Strike Risk to Rice’s Whale in the Gulf of Mexico Request for Quote 140M0124Q0005

SYNOPSIS:

This is a Combined Synopsis and Solicitation for commercial items prepared under the authority of, and in accordance with, the format of Federal Acquisition Regulation (FAR) Subpart 12.6 - Streamlined Procedures for Evaluation and Solicitation for Commercial Items, FAR Subpart 13 - Simplified Acquisition Procedures, and is supplemented with additional information included in this notice. This notice constitutes the only solicitation that will be issued, a Request for Quotation (RFQ) for the project titled “Vessel Strike Risk to Rice’s Whale in the Gulf of Mexico: Review of Previous Methodologies, Information Gaps, and Recommendations for Future Efforts to Predict Strike Risks.” The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular FAC 2024-01 effective 11/14/2023.

This notice is being posted by the United States Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE), Acquisition Management Division, Acquisition Operations Branch, which is the contracting activity for this acquisition, submitted on behalf of the Bureau of Ocean Energy Management (BOEM), the Gulf of Mexico (GOM) Office. The primary objectives of this study in the northern GOM are to:

identify previous published efforts to evaluate vessel strike risk to Rice's whales (both quantitative and qualitative) and other cetaceans (e.g., Barkaszi et al. 2021), as deemed potentially applicable in assessing risk to Rice’s whale; summarize the approach used (e.g., calculations) in each effort and characterize the strengths and weaknesses of the approach;

summarize the baseline data (e.g., field studies, density models) that were used in each effort and characterize the strengths and weaknesses of the data; summarize the assumptions made in each effort and characterize how they affected the outcome; summarize any mitigation measures (e.g., vessel speed restrictions) that were evaluated as part of each assessment, the basis for those measures, and how they affected the outcome; provide actionable recommendations for future strike risk analyses (e.g., strike models) to better assess risks and inform mitigation of potential impacts (i.e., improving on previous efforts specifically evaluating risk to Rice’s whale); provide recommendations for incorporating existing baseline data (e.g., studies, density models) into the risk assessment and recommendations for improving upon existing baseline data and models for purposes of a realistic risk assessment;

identify additional information needed for BOEM to perform a rigorous, statistically-meaningful vessel strike analysis that could be peer-reviewed for publication.

The Government anticipates awarding and issuing a single Firm-Fixed-Price (FFP) Purchase Order to satisfy the Government’s requirement as a result of this solicitation. The estimated period of performance for this requirement is four (4) months from the date of award.

The point of contact for this action is Lisa A. Dorscheid, Contract Specialist. Questions are to be directed to lisa.dorscheid@bsee.gov with the Solicitation No. 140M0124Q0005 in the subject line of the email. The Contracting Officer for this project is William Rilee. All potential Offerors must be registered in the System for Award Management (SAM) database at www.sam.gov PRIOR TO SUBMISSION OF A QUOTE and in order to receive awards from this agency.

mailto:lisa.dorscheid@bsee.gov http://www.sam.gov/

SECTION 1

PRICING

1.1 GENERAL

This acquisition is being conducted in accordance with FAR Part 13 – Simplified Acquisition Procedures for Certain Commercial Items and FAR Part 12 – Commercial Items. This acquisition uses the combined synopsis and solicitation procedures of FAR Subpart 12.6.

Under this Request for Quote (RFQ), the United States Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE) on behalf of Bureau of Ocean Energy Management (BOEM), anticipates awarding a Firm-Fixed-Price Purchase Order as detailed in the Statement of Work (SOW). The North American Industry Classification System (NAICS) code for this requirement is 541620, Environmental Consulting Services.

If you are interested in this acquisition, you may participate by submitting your response in accordance with the requirements and instructions contained herein.

1.2 ANTICIPATED AWARD TYPE

The Government anticipates awarding a purchase order on firm-fixed-price (FFP) basis.

1.3 LINE ITEM PRICING

The specific details and description of the Contract Line Item Numbers (CLINs) is described as follows (Offeror shall fill in and provide information as part of their price quote):

CLIN DESCRIPTION QTY UNIT TOTAL PRICE

00010 The Contractor shall provide all services necessary to complete the requirements in Section 2 1 JOB $_____________

CLIN 00010 is a Firm-Fixed-Price (FFP) line item with a period of performance from the date of award through four months thereafter that includes all costs required for performance, including but not limited to all personnel, equipment, material, supplies, and services, that will be reimbursed in accordance with FAR clause 52.212-4.

SECTION 2

STATEMENT OF WORK

Vessel Strike Risk to Rice’s Whale in the Gulf of Mexico: Review of Previous

Methodologies, Information Gaps, and Recommendations for Future Efforts to Predict Strike Risks

2.1 INTRODUCTION

The Bureau of Ocean Energy Management’s (BOEM’s) mission is to manage the development of U.S. Outer Continental Shelf (OCS) energy and mineral resources in an environmentally and economically responsible manner. To fulfill this mission, BOEM invests in environmental research. BOEM-funded work supports rigorous scientific research specifically to inform policy decisions on the development of energy and mineral resources on the OCS, National Environmental Policy Act (NEPA), and protected resources analyses of potential impacts to the environment as a result of BOEM-authorized OCS activities (i.e., oil and gas, renewable, carbon sequestration, and mineral resources in Federal GOM waters).

The Office of Environment (OE) assesses the potential environmental impacts of BOEM-regulated activities and seeks to avoid or mitigate these impacts in accordance with the OCS Lands Act (OCSLA), as well as the Endangered Species Act (ESA) and other environmental statutes.

On April 15, 2019, NOAA Fisheries issued a final rule to list the GOM Bryde's whale (Balaenoptera edeni) as an endangered subspecies under the ESA. Following listing of the GOM Bryde’s whale, this population was later identified as a separate species of baleen whale, Rice’s whale (Balaenoptera ricei) (NOAA NMFS 2021; Rosel et al. 2021). Based on vessel and aerial survey sightings, Rice’s whales are primarily found in the northeastern GOM, centered in De Soto Canyon in water depths between approximately 100 meters (m) and 400 m (492 and 1,345 feet.) (Rosel et al. 2021; Rosel and Garrison 2022), described as their core distribution area. In recent years, monitoring efforts have sporadically detected Rice’s whale calls in the northwestern GOM; data are insufficient to determine potential seasonality. No calls have been detected within the northcentral GOM (Soldevilla et al.

2022).

Collisions between whales and large vessels could injure or kill the whales and damage the vessels. Most reports of vessel collisions with marine mammals involve large whales, though collisions with smaller species also occur (van Waerebeek et al. 2007). Laist et al. (2001) compiled data and found that most severe and lethal whale injuries involve large ships (>262 feet; 80 meters) at higher speeds; 89 percent of ship strike records show that vessels were moving at >14 knots (16 mph). Rice’s whales spend 90 percent of their time within 12 meters (39 feet) of the ocean’s surface (Constantine et al. 2015), which makes them vulnerable to collisions with large ships. To date, NMFS identified two Bryde’s (Rice’s) whales as having shown evidence of vessel strikes. This includes (1) a dead lactating, adult female discovered in Tampa Bay in 2009 with injuries, including separated vertebral, lung damage, and subdermal contusions, consistent with impact caused by a large object, and (2) a free-swimming Bryde’s-like whale that was observed in 2019 in the northeastern GOM with a severely deformed spine posterior to the dorsal fin also consistent with a vessel strike.

Neither of the vessel strikes were attributed to oil- and gas-related activities.

NOAA Fisheries (NMFS) is currently proposing that Rice’s whale designated critical habitat (Federal Register, NOAA NMFS 2023, 88 FR 47453) include all waters within the 100-m isobath to the 400-m isobath extending between the U.S. Exclusive Economic Zone boundary off of Texas east to the boundary between the South Atlantic Fishery Management Council and the Gulf of Mexico Fishery Management Council (50 CFR 600.105(c)) off of Florida (see Figure 1).

Figure 1. NMFS Proposed Rice’s Whale Critical Habitat

2.2 STUDY OBJECTIVES

To fulfill requirements under ESA relative to the Rice’s whale, BOEM must assess vessel strike risk posed by vessel traffic specifically related to BOEM authorized activities. As an initial step, BOEM requires a systematic evaluation of previously used methodologies for predicting Rice’s whale strike risk in the northern GOM.

2.3 SCOPE OF WORK

The potential for Rice’s whales to occur within the 100 m to 400 m isobath may place them in an area transited by vessels supporting OCS energy exploration and development related activities in the northern GOM (see Figure 1). BOEM is not seeking an actual vessel strike risk model, but rather a critical analysis of what has been done to date and recommendations for going forward. The task areas follow:

2.3.1 Task 1: Quantitative and Qualitative Review of Vessel Strike Risk

The Contractor shall identify previous published efforts to evaluate vessel strike risk to Rice's whales (both quantitative and qualitative) and other cetaceans (e.g., Barkaszi et al. 2021), as deemed potentially applicable in assessing risk to Rice’s whale. Other efforts (e.g., international) may be available and should also be identified, evaluated, and summarized.

The Contractor shall identify the strengths and weaknesses of existing Rice’s whale vessel strike risk analyses and any key factors (e.g., assumptions; modeling; data gaps) that affected the output and how those factors affected the risk analysis conclusions. At a minimum, the review must consider statistical methods, datasets, assumptions, caveats (e.g., low observation numbers, species identification assumptions) to the baseline data, and models used to inform the risk analysis. The evaluation must also provide a clear description of the existing risk analyses, and the steps taken in evaluating those analyses.

The report is intended to be a resource used to inform ESA consultations, inform environmental assessments, and support management decisions for future studies. The Contractor shall prepare a concise report which addresses the following questions:

• What are the previous efforts (both quantitative and qualitative) that have evaluated vessel strike risk to Rice's whales or similar large baleen whale species (e.g., NOAA NMFS 2020, NOAA NMFS 2021, Best 2023)?

• What was the approach used (e.g., calculations) in each effort?

• What are the strengths and weaknesses of each approach?

• What were the baseline data (e.g., field studies, density models) used in each effort and what are the strengths and weaknesses of the data?

• What were the assumptions made in each effort and how did they affect the outcome?

• What were the mitigation measures (e.g., vessel speed restrictions) that were evaluated as part of each assessment, the basis for those measures, and how they affected the outcome?

2.3.2 Task 2: Recommendations for Future Strike Risk Analyses

The Contractor shall provide actionable recommendations for future strike risk analyses (e.g., strike models) to better assess risks and inform mitigation of potential impacts (i.e., improving on previous efforts specifically evaluating risk to Rice’s whale). The Contractor shall provide recommendations for incorporating existing baseline data (e.g., studies, density models) into the risk assessment and recommendations for improving upon existing baseline data and models for purposes of a realistic risk assessment, as well as identify additional information needed and recommendations for BOEM to perform a rigorous, statistically meaningful vessel strike risk assessment methodology that BOEM could realistically implement and that could be peer-reviewed for validating a future assessment.

2.4 DELIVERABLES

A. Post-Award Meeting and Summary

The Contractor shall plan, arrange, and lead a Post-Award Meeting via virtual teleconference (e.g., Microsoft Teams, Zoom) with BOEM within 7 days of award. Meeting participants must include key Contractor personnel, and the BOEM Project Team. The BOEM Project Team includes the Contracting Officer’s Representative (COR) and two to three biologists familiar with the Rice’s whale and BOEM’s information need. The purpose of this meeting is to discuss the required critical review, objectives, and final report and answer questions the Contractor may have. The Contractor shall prepare and submit a Post-Award Meeting Summary detailing the discussions and mutually agreed upon decisions. No changes to the terms or conditions of the contract are authorized unless approved in writing by the Contracting Officer (CO) via a modification.

The Contractor shall prepare and submit a meeting summary detailing the discussions of technical and managerial issues and any mutually agreed-to decisions (e.g., approach and schedule) within seven (7) days following the post-award meeting.

B. Bi-weekly Progress Reports

The Contractor shall submit brief progress reports on a bi-weekly schedule via e-mail beginning two (2) weeks after award. The reports shall discuss at minimum progress on Tasks 1 and 2 above, papers reviewed and analyzed, and any issues needing to be resolved by the CO and/or COR.

C. Draft Report and Technical Summary

The Contractor is to provide a Draft Report for BOEM review per BOEM report specifications1 which is Section 5082 compliant. The Contractor must prepare and distribute the Draft Report within seven (7) weeks after Contract-Award. The BOEM designated reviewers will have seven (7) days to review. Depending on the amount and context of comments received by BOEM on the Draft Report, the COR may request an informal meeting using a virtual format (e.g., Microsoft Teams, Zoom) to discuss the comments. The Contractor PM and appropriate technical leads must participate in the meeting (if required) which would be led by the COR and last no more than four (4) hours. The Contractor must address all of BOEM’s identified corrections, comments, and recommendations, and must submit a revised version of the Draft Report within five (5) days. If the Contractor does not agree with the BOEM's comments and recommendations, the Contractor must provide the rationale in a letter accompanying the Draft Report for any review comments not accommodated. Additional versions of the Draft Report may be requested by BOEM until comments have been addressed to BOEM’s satisfaction.

Full citations are to be provided for referenced publications and copies of the publications submitted to BOEM with the Final Report. If photographs are to be included in the Final Report, they must be credited and free of copyright restrictions, suitable for copying, and the final size with a maximum width of six (6) inches. These figures must also be submitted in digital (TIFF; JPEG) format of at least 4” x 6” with a minimum resolution of 300 dpi. This

1 See https://www.boem.gov/environment/environmental-studies/report-specifications/esp-report-and-footprint-specifications.

2 Section 508 of the Rehabilitation Act of 1973 (found at 29 U.S.C. 794d).

https://www.boem.gov/environment/environmental-studies/report-specifications/esp-report-and-footprint-specifications https://www.boem.gov/environment/environmental-studies/report-specifications/esp-report-and-footprint-specifications digital request includes all tables, charts, graphs, and figures that were not prepared in MS Word, as well as photographs from other sources.

D. Final Report and Technical Summary

The Final Report must be submitted a minimum of five (5) days after the receipt of BOEM editorial approval of the Draft. Full citations are to be provided for referenced publications and copies of the publications submitted to BOEM with the Final Report. Shapefiles and JPG or PNG files for all figures and images used in the final report must also be provided. Note, the Final Report will be releasable by BOEM to the public.

The Final Report should be concise, well-written, edited, professional in appearance, and should be addressed to a general government and public audience. The Contractor is responsible for editing and proofreading all material to prepare products as error-free as possible prior to their delivery to ensure products of the highest technical and editorial standard. The Contractor will be provided with the BOEM OCS study number once it has gone thru all appropriate internal reviews.

E. Archive File of All Final Deliverables

The Contractor must submit an external storage device or CD/DVD with digital files of all deliverables and associated references. The file labels must include title, contract number, BOEM report number, Contractor name, and date. This must be submitted to BOEM after submittal of the Final Report.

2.6 SCHEDULE OF DELIVERABLES

The Contractor shall submit the deliverables in accordance with the schedule provided in the table below. Deliverable products must be prepared, using the latest version, in editable MS Word© format, unless otherwise noted, and submitted to the addresses shown in Section 2.7 in accordance with the schedule below via email unless otherwise specified. All email correspondence must include the purchase order number in the subject line.

Description Distribution Due Date A. Post-Award Meeting and Summary

One (1) digital copy of Meeting Agenda in PDF and editable MS Word format; COR and CO.

One (1) digital copy of Meeting Summary in PDF format

Meeting must occur within 7 calendar days of contract award.

A bulleted agenda must be provided at least five (5) days prior to the meeting.

Within five (5) days after the Post- Award/Orientation Meeting.

B. Bi-Weekly Progress Reports

One (1) digital copy in PDF format

Submission of brief Progress Reports on a bi-weekly schedule. Must be submitted via e-mail beginning two (2) weeks after Award.

Description Distribution Due Date C. Draft Report and Technical Summary

One (1) digital copy in editable MS Word format

Within seven (7) weeks after Contract- Award, the Contractor must distribute the Draft. The Draft must be reviewed by BOEM within seven (7) days of receipt of the document for technical content compliance, and changes must be made by the contractor within five

(5) days. The Contractor must submit a Draft for re-review, as necessary. This step may be repeated multiple times before BOEM gives approval to move on to the Final version.

D. Final Report and Technical Summary

One (1) digital copy in editable MS Word and PDF format

Within five (5) days of receipt of BOEM editorial approval of the Draft, the contractor must submit the Final.

E. Archive File of All Final Deliverables

One (1) digital copy Within five (5) days before the POP ends and after the Final Report

2.7 ADDRESSES FOR DELIVERABLES

CONTRACTING OFFICER (CO)

William Joe Rilee Bureau of Safety and Environmental Enforcement, Mail Stop VAE-AMD 45600 Woodland Rd., Sterling, VA 20166 Phone: 703-787-1559 Email: william.rilee@bsee.gov

CONTRACTING OFFICER’S

REPRESENTATIVE

(COR):

To Be Determined at the Time of Award

Chief, Division of Environmental Sciences

[DES]

U.S. Department of the Interior Bureau of Ocean Energy Management Division of Environmental Sciences 45600 Woodland Road, Mailstop VAM-OEP Sterling, VA 20166-9216 environmentalstudiesprogram2@boem.gov

2.8 DELIVERABLE INSPECTION AND ACCEPTANCE CRITERIA

General quality measures, as set forth below, will be applied to each work product received from the Contractor under this statement of work.

• Accuracy - Work Products will be accurate in presentation, technical content, and adherence to accepted elements of style.

• Clarity- Work Products will be clear and concise. Any/All diagrams will be easy to understand and be relevant to the supporting narrative.

mailto:environmentalstudiesprogram2@boem.gov

• Consistency to Requirements- All work products must satisfy the requirements of this statement of work.

• File Editing - All text and diagrammatic files will be editable by the Government.

• Format - Work Products will be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission. Hard copy formats will follow any specified Directives or Manuals.

• Timeliness - Work Products will be submitted on or before the due date specified in this statement of work or submitted in accordance with a later scheduled date determined by the Government.

The COR will review, for completeness and accuracy, preliminary or draft documentation that the Contractor submits, and may return it to the Contractor for correction. Absence of any comments by the COR will not relieve the Contractor of the responsibility for complying with the requirements of this project. Final approval and acceptance of documentation required herein will be by letter of approval and acceptance by the COR, CO and/or by other representatives designated by the CO under task order. The Contractor will not construe any letter of acknowledgment of receipt of material as a waiver of review, nor as an acknowledgment that the material is in conformance with this project, nor as formal acceptance. Any approval given during preparation of the documentation, or approval for shipment will not guarantee the final acceptance of the completed documentation.

2.9 SCIENTIFIC INTEGRITY STATEMENT

Scientific integrity is vital to Department of the Interior (DOI) activities under which scientific research, data, summaries, synthesis, interpretations, presentations, and/or publications are developed and used. Failure to uphold the highest degree of scientific integrity will result not only in potentially flawed scientific results, interpretations, and applications but will damage DOI’s reputation and ability to uphold the public’s trust. All work performed must comply with the DOI Scientific integrity Policy posted to https://www.doi.gov/scientificintegrity, or its equivalent as provided by their organization or State law.

2.10 REFERENCES

Barkaszi MJ, Fonseca M., Foster T, Malhotra A, Olsen, K. 2021. Risk Assessment to Model Encounter Rates Between Large Whales and Vessel Traffic from Offshore Wind Energy on the Atlantic OCS. Sterling (VA): U.S. Department of the Interior, Bureau of Ocean Energy Management. OCS Study BOEM 2021-034.

Best BD. 2023. Spatial analysis of ship-strike risk for Rice’s whale in the Gulf of Mexico.

https://ecoquants.com/ricei.

Constantine R, Johnson M, Riekkola L, Jervis S, Kozmian-Ledward L, Dennis T, Torres LG, de Soto NA. 2015. Mitigation of vessel-strike mortality of endangered Bryde’s whales in the Hauraki Gulf, New Zealand. Biol Conserv. 186:149–157.

Laist DW, Knowlton AR, Mead JG, Collet AS, Podesta M. 2001. Collisions between ships and whales. Mar Mamm Sci. 17(1):35–75.

[NOAA NMFS] National Oceanic and Atmospheric Administration, National Marine Fisheries Service. 2020. Biological Opinion for Federally Regulated Oil and Gas Program Activities in the Gulf of Mexico.

https://ecoquants.com/ricei

[NOAA NMFS] National Oceanic and Atmospheric Administration, National Marine Fisheries Service. 2021. Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico.

Fed Regist. (January 19) 86(11): 4322–5450. 50 CFR 217.

[NOAA NMFS] National Oceanic and Atmospheric Administration, National Marine Fisheries Service. 2023. Endangered and threatened species; designation of critical habitat for the Rice’s whale. Proposed rule. Fed Regist. (24 July 2023): 47453–47472.

Rosel PE, Garrison LP. 2022. Rice’s whale core distribution map. Version: 7 June 2019. Miami (FL): National Marine Fisheries Service, Southeast Fisheries Science Center. 4 p. Report No.: MMTD-2022-01.

Rosel PE, Wilcox LA, Yamada TK, Mullin KD. 2021. A new species of baleen whale (Balaenoptera) from the Gulf of Mexico, with a review of its geographic distribution. Mar Mamm Sci. 37(2):577–610. doi:10.1111/mms.12776

Soldevilla MS, Debich AJ, Garrison LP, Hildebrand JA, Wiggins SM. 2022. Rice’s whales in the northwestern Gulf of Mexico: Call variation and occurrence beyond the known core habitat. Endang Species Res. 48:155-174.

van Waerebeek KV, Baker A, Félix F, Gedamke J, Iñiguez M, Sanino GP, Secchi ER, Sutaria D, Helden AV, Wang Y. 2007. Vessel collisions with small cetaceans worldwide and with large whales in the Southern Hemisphere, an initial assessment. Latin J Aquat Mamm.

6(1):43–69.

SECTION 3

GENERAL ORDER TERMS AND CONDITIONS

3.1 SCOPE

A Firm-Fixed-Price (FFP) Purchase Order is being issued under the authority of the Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE) on behalf of Bureau of Ocean Energy Management (BOEM) for the effort identified in Section 2, Statement of Work.

3.2 PERIOD OF PERFORMANCE

The period of performance (POP) of the resultant purchase order is from date of award through four (4) months thereafter. The POP shall encompass all tasks from initial planning through BOEM’s final acceptance of all deliverables.

3.3 PLACE OF PERFORMANCE

Performance for this effort shall occur at the Contractor’s facility.

3.4 ADMINISTRATIVE POINTS OF CONTACT

3.4.1 Contract Specialist: The Contract Specialist (CS) for the administration of this effort is as follows:

Bureau of Safety and Environmental Enforcement Lisa A. Dorscheid 45600 Woodland Road, VAE-AMD Sterling, VA 20166-9216 Phone Number: 703-787-1581 Email: lisa.dorscheid@bsee.gov

3.4.2 Contracting Officer: The Contracting Officer (CO) for this effort is as follows:

Bureau of Safety and Environmental Enforcement William Rilee 45600 Woodland Road, VAE-AMD Sterling, VA 20166-9216 Phone: 703-787-1757 Email: william.rilee@bsee.gov

3.4.3 Contracting Officer’s Representative: The Contracting Officer’s Representative (COR) for this effort is as follows:

TO BE INCORPORATED AT TIME OF AWARD

mailto:william.rilee@bsee.gov

3.5 DIAPR 2010-18 – AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The CO 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 CO 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 CO in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence.

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

(e) The CO 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 CO 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 CO or the COR acting within his or her appointment, shall be at the Contractor's risk.

3.6 CONTRACTOR KEY PERSONNEL

The following individuals are considered to be essential to the work being performed under this contract:

NAME POSITION

[To be submitted along with the technical quote and filled in upon award]

3.6.1 SUBSTITUTION OF KEY PERSONNEL

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

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

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

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

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

3.7 NON-PERSONAL SERVICES

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

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

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

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

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

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

3.8 DOI-AAAP-0028, ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) (February 2021)

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: A detailed invoice as attachment to IPP submission.

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 St.

Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

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

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

3.9 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 quotation submitted in response to this solicitation 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 quotation. The Government’s approval of any proposed Conflict of Interest Mitigation Plan shall be at the sole discretion of the Contracting Officer.

(c) Absent a written approval of a Conflict of Interest Mitigation Plan from the Contracting Officer, the Contractor, or any of its officers, representatives, employees, sub-contractors, or teaming arrangement members, shall not be involved in any situation during the performance of 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.

3.10 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 CO.

If non-public information is provided to the Contractor for use in performance or administration of this effort, the Contractor except with the written permission of the CO may not use such information for any other purpose.

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

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records which are not public information. Each employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the

Contractor that such information may be disclosed only for a purpose and to the extent authorized herein. Each employee shall sign the non-disclosure agreement form as provided at Attachment 3, and the Contractor shall submit the signed form to the CO prior to the employee’s information access.

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

Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to 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 task order shall remain the sole property of the Government unless specific exception is granted by the CO.

3.11 CONTRACTOR’S TECHNICAL QUOTATION

The Contractor’s technical quotation may be incorporated by reference into the Task Order.

Any inconsistencies or in the event of a discrepancy or conflict between the terms and conditions of the Task Order and the Contractor’s quotation arise, the Task Order terms and conditions shall take precedence.

3.12 NON-DISCLOSURE AGREEMENT

No Contractor employees may start work under this order until they have signed the required non-disclosure statement (See Attachment 1).

During the period of performance of the contract, the Contractor might acquire access to confidential data, which is the sole property of the Department of the Interior and/or BOEM.

Each contractor agrees to sign, and have its personnel sign a non-disclosure agreement, and to maintain the confidentiality of all such data and to not disclose any data, interpretations of, and/or derivatives of, such data to any unauthorized party without the express written approval of the CO. The Contractor hereby agrees to include this clause in all subcontracts or consulting agreements relating to work under this contract, and further agrees to have its employees and subcontractor employees sign a “non-disclosure” agreement to be retained by the CO.

The Contractor shall maintain in strictest confidence all information received from the government and other parties in association with this contract unless expressly authorized otherwise by the Government. The Contractor shall share such information only with employees, contractors, and subcontractors having a need to know the information in the performance of their duties under this contract.

Information made available to the Contractor by the government pertaining to this contract shall be used only in the performance or administration of the contract and shall not be used in any other way without the written consent of the CO. The Contractor agrees to assume responsibility for protecting the confidentiality of materials that the Government or other parties submit to the Contractor that are not to be made available to the public. In making available or disclosing such information to the Contractor or its agents the government and other parties will state in writing that the information is to be maintained as confidential. The Contractor shall inform all entities to whom such information is made available or disclosed to enable performance under this contract that the information may be disclosed only for the purposes of performing under this contract and in accordance with its terms.

Performance of the tasks under this contract may require the Contractor to access and use information that is proprietary and of such a nature that its dissemination or use, other than in the performance of these tasks, would be adverse to the interests of the government or others.

The Contractor and Contractor personnel shall not divulge or release such proprietary information until it is made public by the government (exceptions may be made for disclosing data to authorized government personnel or in other cases in which the CO gives written approval to do so). The Contractor shall not use, disclose, or reproduce proprietary information that bears a restrictive label or legend other than as required for performance of the tasks under this contract. Nothing in this SOW shall preclude the use of any information independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the government between the Contractor and the information owner that provides greater rights to the Contractor.

All information received, processed, evaluated, loaded, or created as a result of this contract shall remain the sole property of the government unless specific exception is granted by the

CO.

If the Contractor is uncertain about the availability or proposed use of information provided by the government and other parties under this contract, the Contractor will consult with the COR regarding the handling and use of that information.

3.13 AVAILABILITY OF CLAUSES

3.13.1 CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR 52.252-2, this order incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The Contractor shall comply with these clauses unless the circumstances do not apply. Upon request, the Contracting Officer will make their full text available. The full text of a clause may be accessed electronically at https://www.acquisition.gov/far/.

Clause Title Date 52.204-13 System for Award Management Maintenance Oct 2018 52.204-19 Incorporation by Reference of Representations and

Certifications Dec 2014

52.204-23 Prohibition on Contracting Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

Dec 2023

52.204-28 Government Wide Acquisition Contracts Dec 2023 https://www.acquisition.gov/far/

52.204-30 Federal Acquisition Supply Chain Security Act Orders- Prohibition

Dec 2023

52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Services

Nov 2023

3.13.2 The following FAR clause as required by the Federal Acquisition Regulations is attached hereto in full text.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL

PRODUCTS AND COMMERICAL SERVICES (Dec 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L.

115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.

111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite- Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

__ (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204–30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors…