B08_RFQ_140M0124Q0040_Combined_Synopsis.pdf

BOEM Operating Fee Data Subscription Service RFQ 140M0124Q0040 Page 1 of 52

COMBINED SYNOPSIS/SOLICITATION

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 to procure a commercial services for the titled project “BOEM Operating Fee Data Subscription

Service”. The estimated period of performance for this requirement is a base period of 1 year, plus 4 1-year option periods.

The purpose of this combined synopsis/solicitation is to solicit quotes as described in the attached solicitation. The Government anticipates a single award Firm Fixed Price contract as a result of this solicitation. This procurement is being conducted in accordance with FAR Part

13.5, "Simplified Procedures for Certain Commercial Products and Commercial Services". The

North American Industrial Classification Systems (NAICS) code is 513210, Software Publishers, with a small business size standard of $47.0 million. FAR clauses and provisions enclosed within this RFQ are those in effect through Federal Acquisition Circular (FAC) 2024-04 and are available in full text through Internet access at http:// www.acquisition.gov/far/.

All potential offerors must be registered in the System for Award Management (SAM)

(www.sam.gov) at the time a quotation is submitted.

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

“Solicitation No. 140M0124Q0040”.

http://www.sam.gov/

RFQ 140M0124Q0040 Page 2 of 52

RFQ 140M0124Q0034

SECTION 1

PRICING

1.1 GENERAL INFORMATION

The United States Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE), on behalf of the Bureau of Ocean Energy Management (BOEM) is issuing this competitive Request for

Quote (RFQ) for the project entitled, “BOEM Operating Fee Data Subscription Service”, as described in

Section 2, in accordance with Federal Acquisition Regulation (FAR) Part 13.5 – Simplified Acquisition

Procedures for Certain Commercial Items, and FAR Part 12 – Acquisition of Commercial Products and

Commercial Services. The North American Industry Classification System (NAICS) code for this requirement is 513210, Software Publishers, with a small business size representation of $47.0M.

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 CONTRACT TYPE AND PRICING

The Government anticipates a Firm Fixed Price (FFP) purchase order as a result of this solicitation, under the authority of the Department of the Interior, Bureau of Safety and Environmental Enforcement

(BSEE).

1.3 CONTRACT LINE ITEM (CLIN) STRUCTURE

The specific details and descriptions of the Contract Line Item Numbers (CLINs) are described as follows:

[*Offeror shall fill in the firm fixed price proposed amounts below.]

CLIN# DESCRIPTION PRICE

00010 Base Period - BOEM's Operating Fee Data Subscription Service $_____*_____

00010 Option Period 1- BOEM's Operating Fee Data Subscription Service $_____*_____

00010 Option Period 2 - BOEM's Operating Fee Data Subscription Service $_____*_____

00010 Option Period 3 - BOEM's Operating Fee Data Subscription Service $_____*_____

00010 Option Period 4 - BOEM's Operating Fee Data Subscription Service $_____*_____

Total Firm Fixed Price if all Options Are Exercised $_____*_____

1.4 PARTIAL DELIVERY PAYMENT SCHEUDLE

Payment will be made to the Contractor based upon delivery and acceptance of the tasks performed/deliverables submitted and in accordance with FAR Clause 52.232-1, Payments. A payment arrangement based upon partial deliverables whereby payments are made for distinct portions of the work completed by the Contractor and accepted by the Government is detailed below.

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

1 TBD* $TBD*

2 TBD* $TBD*

3 TBD* $TBD*

TOTAL VALUE $TBD*

TBD* - Offeror shall provide proposed Payment Schedule Amounts based on Deliverable(s )/

Milestone(s) as part of the Price Quote. If not proposed, a FFP award will issue full payment after final completion of the award.

RFQ 140M0124Q0040 Page 3 of 52

SECTION 2

DESCRIPTIONS/SPECIFICATIONS/REQUIREMENTS/STATEMENT OF WORK

BOEM Operating Fee Data Subscription Service

2.1 BACKGROUND

The Bureau of Ocean Energy Management (BOEM) is seeking to procure a subscription service with the necessary data to calculate operating fees on outer continental shelf (OCS) commercial renewable energy projects. The subscription service should include comprehensive access to energy market data and information for offshore wind projects and other potential renewable energy projects that are under

BOEM’s jurisdiction. At a minimum, the subscription service should include state and, where applicable, regional data that would allow BOEM to calculate and regularly update the power price (P) and capacity factor (c) variables in the operating fee equation.

BOEM’s regulations provide a framework for issuing leases, easements and rights-of-way for OCS activities that support production and transmission of energy from sources other than oil and natural gas.

Among other rights and obligations of the lessee, the lease terms define the payments the lessee is responsible for throughout the life of the lease. During the preliminary and site assessment terms, which occur prior to the operations term, the lessee pays an annual rent on the lease. Once a lessee has constructed its wind project and entered into the operations term of the lease, the lessee begins paying an operating fee. Sourcing the necessary data inputs to support calculation of the operating fee is the focus of this solicitation.

The operating fee is described in BOEM’s regulations at 30 CFR 585.506, et seq., and summarized below:

F = M * H * c * P * R

(annual operating fee) (nameplate capacity) (hours per year) (capacity factor) (power price) (operating fee rate)

BOEM requires from this service the “P” (average annual wholesale power price for U.S. coastal states) and “c” (project capacity factor) data.

2.2 PURPOSE AND OBJECTIVES

The goal of this project is to procure a subscription service that will allow BOEM to identify the necessary data inputs required to calculate the operating fee for commercial offshore wind projects.

Specifically, the subscription service should provide access to data on:

• Project-specific net generation data sourced from the EIA-923 data series for use in calculating the capacity factor component of the operating fee formula.

• Average Annual Wholesale Power Price (AAWPP) data for all states that border the U.S. outer continental shelf (OCS), as described in more detail below.

Any software license agreement must permit BOEM to share the results of aggregate data queries for project net generation and the AAWPP (used in the calculation of the operating fee) with the owners of offshore wind projects and the Office of Natural Resource Revenue within the Department of the Interior.

RFQ 140M0124Q0040 Page 4 of 52

This data sharing is required to meet BOEM’s regulatory responsibilities. BOEM may post aggerated data for OCS renewable energy leases on its website.

Additionally, the Contractor should provide BOEM with a live demonstration of the subscription service, ongoing technical support if users require assistance accessing the data points of particular interest to

BOEM, and metadata describing the sources for these data points. Comprehensive quality assurance and quality control protocols must be implemented by the vendor to ensure that information accessed by

BOEM personnel through this service is accurate and complete. BOEM also must be able to replicate the information from source data. As such, technical support must be able to provide access to the vendor’s data analysts if there are specific questions regarding the data for specific states.

2.3 SCOPE OF WORK

The Contractor shall provide a subscription service that offers streamlined access to several data sources relevant to the calculation of the operating fees that BOEM levies for projects on commercial renewable energy leases. The contractor will provide BOEM with a live demonstration of the subscription service, technical support on an as-needed basis if there are questions about the data, and metadata documenting the sources for the data points of particular interest to BOEM. BOEM is seeking subscription service quotes for five years (one base year and four option years).

The below sections describe the specific data points that BOEM would like to access through the subscription service.

Capacity Factor Data

The Contractor shall provide a subscription service that will allow BOEM to update the project-specific capacity factor (c) used in the operating fee formula. A project’s capacity factor is the ratio of the actual electrical energy output for a given performance period to the maximum possible electrical energy output over that same performance period. To facilitate the calculation of project-specific capacity factors, BOEM would like to procure the actual electricity generation for offshore renewable energy projects from a subscription service. Specifically, BOEM would like to rely on the net electricity generation data included in the EIA-923 data series. Form EIA-923 collects power plant-level energy data from all types of electric power plants including nuclear, fossil fuel, utility-scale solar, and onshore and offshore wind projects. The dataset provides project-level estimates of net electricity generation, which represents gross electricity generation minus the electricity used to operate the plant. For example, the EIA-923 data for

Deepwater Wind project off the coast of Rhode Island show net generation of 104,351 MWh in 2017.1

The subscription service should provide streamlined access to the net electricity generation data available from the EIA-923 data series. The service should include functionality that would allow BOEM to download the net generation data for a particular project and year in spreadsheet format for recordkeeping purposes. Alternatively, the subscription service could include integration with Microsoft Excel that would allow BOEM to access net generation data directly within an Excel spreadsheet. Additionally, the

Contractor should provide technical support to assist BOEM analysts in accessing the net electricity generation data from the subscription service as necessary. The technical support staff must be familiar with the net electricity generation data format and sourcing. The Contractor should also provide metadata documenting the source of the net electricity generation data available from the subscription service. The

1 U.S. Energy Information Administration (EIA). 2018. Form EIA-923 Power Plant Operations Report.

https://www.eia.gov/electricity/data/eia923/ https://www.eia.gov/electricity/data/eia923/

RFQ 140M0124Q0040 Page 5 of 52 metadata should describe any calculations necessary to transform the source data into the form included in the subscription service, and document how frequently the net generation data are updated within the subscription service.

Annual Average Wholesale Power Price (AAWPP) Data

The Contractor shall provide a subscription service with an appropriate source of data for BOEM to update the power price (P) variable in the operating fee equation. BOEM should be able to use the subscription service to identify the appropriate regional AAWPP for offshore renewable energy projects and to determine the “P” component of the operating fee once operations. The subscription service should include AAWPP data for all states bordering the U.S. OCS.2

The power price component of the operating fee formula is described at 30 CFR 585.506(c)(2):

(2) The power price “P,” for each year when the operating fee applies, will be determined annually.

The process by which the power price will be determined will be specified in the Final Sale

Notice and/or in the lease. BOEM

(i) Will use the most recent annual average wholesale power price in the State in which a project’s transmission cables make landfall, as published by the DOE, Energy

Information Administration (EIA), or other publicly available wholesale power price indices; and

(ii) May adjust the published average wholesale power price to reflect documented variations by State or within a region and recent market conditions.

While not overly complicated as expressed in the regulations, this provision has proven difficult to implement due to challenges in identifying appropriate sources that report AAWPP data, particularly in non-Regional Transmission Organization (RTO) areas (e.g., the U.S. Southeast). Additionally, separately identifying an appropriate AAWPP source for each state that borders the OCS would require a substantial level of effort associated with locating, downloading, and processing individual files. As a result, BOEM would like to procure subscription service that will provide streamlined access to power prices across all states bordering the U.S. OCS. BOEM recognizes that the sources of power price data will vary across states, but seeks a subscription service that aggregates various data sources for simplified access. If the service does not provide aggregated wholesale power price data for a state, the data should be in a format that can easily be aggregated by the end user into the annual state average. Examples of possible power price data sources include:

• Directly reported annual average prices from independent system operators (ISOs) and RTOs.

• Hourly or daily nodal price data from ISOs and RTOs aggregated to estimate annual averages.

• Secondary reporting of wholesale prices from EIA and Federal Energy Regulatory Commission

(FERC).

• Standard contract rates for Qualifying Facilities under the Public Utilities Regulatory Policies Act

(PURPA).

• Reported electricity purchases and sales for resale by utilities from FERC Form No. 1.

The subscription service should include functionality that would allow BOEM to download the power price data for a particular state and year in a spreadsheet format for recordkeeping purposes.

Alternatively, the subscription service could include integration with Microsoft Excel that would allow

2 These States are: Maine, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, California, Oregon, Washington, Hawaii, and Alaska.

RFQ 140M0124Q0040 Page 6 of 52

BOEM to access power price data directly within an Excel spreadsheet. Additionally, the Contractor should provide technical support to assist BOEM analysts in accessing the AAWPP data from the subscription service as necessary. The technical support staff must be familiar with the power price data format and sources available for each state bordering the U.S. OCS. Finally, the Contractor should provide metadata documenting the sources of power price data available for each state bordering the U.S.

OCS. The metadata should detail any calculations used to transform the source data into the form presented in the subscription service, and should document how frequently the power price data are updated within the subscription service.

The following items are important for the subscription:

Ease of Access

- The subscription shall allow BOEM to setup and modify custom queries to repeatedly access the same data points.

- The subscription shall allow BOEM to download aggregated and micro data query results in a spreadsheet format for record keeping purposes.

- The subscription shall allow BOEM to share the results of aggregate data queries for project net generation and wholesale power price data with the owners of offshore wind projects and the

Office of Natural Resource Revenue within the Department of the Interior.

Data Comprehensiveness

- The subscription service shall include project-level power generation data.

- The power generation data shall be sourced from the EIA-923 data series.

- The subscription service shall include daily average wholesale power price data for both peak and non-peak real-time (spot) prices in ISO and non-ISO markets that can be aggregated to 12-month averages.

- The subscription service shall include daily average wholesale power price data for both peak and non-peak day ahead prices in ISO and non-ISO markets that can be aggregated to 12-month averages.

- The average wholesale power price data coverage should, at minimum, include hub, zone, and node pricing for ISO markets and non-ISO markets (i.e., Mid-Columbia, VACAR, etc.) where available.

- The subscription shall include wholesale power price data available for each state bordering the

U.S. OCS.

- Examples of real time and day ahead pricing data include h.internal hub in NEISO and PJM

DOM zone. Examples of complete price series for non-ISO markets include VACAR and Mid-

Columbia. Documented methodology must be cited for forecasted series.

Metadata

- The Contractor shall provide metadata documenting the underlying sources of the power generation and power price data.

- The metadata shall identify how to access the power generation and power price data within the subscription service (e.g., provide the names of the relevant modules, datasets, tables, or query tools).

- The metadata shall describe how to validate data points outside of the subscription service.

2.4 SPECIFIC TASKS

The Contractor shall perform the following tasks under this task order:

RFQ 140M0124Q0040 Page 7 of 52

Task 1: Subscription Service Access

After contract award, the Contractor shall provide BOEM with access to the subscription service. The

Contractor shall provide BOEM with options in terms of the form of license access to the system, and/or number of licenses available to BOEM users. The subscription service shall include three licenses. The

Contractor and BOEM will agree on license renewal terms for a period up to five total years.

Task 2: Post Award Kickoff Meeting

A post-award kickoff meeting shall be held between the Contractor and BOEM. This meeting can be held by teleconference. The purpose of this meeting is to discuss roles, responsibilities, working relationships, and task order deliverables. It is not a substitute for the Contractor’s full understanding of the work requirements, nor is it to be used to alter the contract.

Task 3: Subscription Service Demonstration

The Contractor shall provide a live demonstration of the subscription service. The demonstration should include a walkthrough of the steps required to access the capacity factor and power price data points discussed under the Scope of Work. For every option period renewal, if needed, another live demonstration shall be provided.

Task 4: Ongoing Technical Support

While BOEM is subscribed to the service, the Contractor shall provide technical support on an as-needed-basis. Technical support staff should be knowledgeable about the power price and capacity factor data points of particular interest to BOEM and be able to walk BOEM through the steps required to access capacity factor and power price data points as needed. As necessary, the subscription service shall provide assistance with initial program installation, the installation of any upgrades, and revisions to program documentation.

Task 5: Metadata

The Contractor shall provide metadata documenting the sources for the capacity factor and power price data points of interest to BOEM. The Contractor shall update this metadata if the sources of capacity factor and power price data within the service change. At a minimum, the metadata should:

• Detail the sources of power price and capacity factor information available for each state bordering the U.S. OCS;

• Explain any calculations necessary to transform the source data into the form presented in the subscription service;

• Document how frequently the data are updated within the subscription service; and

• Identify where the power price and capacity factor data points can be located within the subscription service (e.g., the names of specific datasets, tables, or query tools within the subscription service).

2.5 DELIVERABLES

Deliverable products shall be submitted to the addresses shown in Section 6 in accordance with the schedule provided in the table below. All days are calendar days unless otherwise noted.

Base Period Deliverables

RFQ 140M0124Q0040 Page 8 of 52

Deliverable Distribution Due Date

1. Subscription Service Access (5 years)

COR Three subscription service licenses shall be provided within ten (10) days of award.

BOEM seeks a quote for a base year and four option years.

2. Post Award Kickoff Meeting COR Kickoff Meeting shall be held within ten (10) days of award.

3. Demonstration of

Subscription Service (5 years)

COR Initial demonstration shall be held within 30 days of award.

4. Technical Support (5 years) COR Technical support shall be provided on an as-needed basis for the duration of time

BOEM is subscribed to the service.

5. Metadata with Sourcing

Information

COR: One digital copy. Metadata due within ten (10) days of award.

2.7 ADDRESSES FOR DELIVERABLES

Contracting Officer (CO)

William Rilee

U.S. Department of the Interior

Bureau of Safety and Environmental Enforcement

Acquisition Management Division

Acquisition Operations Branch

45600 Woodland Road

Sterling, VA 20166

William.Rilee@bsee.gov

Contracting Officer’s Representative (COR)

To be announced upon award

U.S. Department of the Interior

Bureau of Ocean Energy Management

45600 Woodland Road

Sterling, VA 20166

TBD@boem.gov

RFQ 140M0124Q0040 Page 9 of 52

SECTION 3

GENERAL TERMS AND CONDITIONS

3.1 PERIOD OF PERFORMANCE

This order includes a twelve (12) month base period starting from the date of award, and four (4) – twelve

(12) month option periods, for a total period of performance of five (5) years inclusive of options. The estimated start date of the period of performance is August 1, 2024.

3.3 PLACE OF PERFORMANCE

The primary place of performance is anticipating the majority of the work will be performed at the

Contractor’s location or partner’s facilities as appropriate.

3.4 ADMINISTRATIVE POINTS OF CONTACT

3.4.1 Contracting Officer (CO):

William Rilee

U.S. Department of the Interior

Bureau of Safety and Environmental Enforcement

45600 Woodland Road, Sterling, VA 20166

Email: william.rilee@bsee.gov

3.4.2 Contracting Officer’s Representative (COR):

To be announced at time of award

U.S. Department of the Interior

Bureau of Ocean Energy Management

45600 Woodland Road

Sterling, VA 20166

Phone: TBD

Email: TBD

3.5 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.

RFQ 140M0124Q0040 Page 10 of 52

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The

Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the

COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the

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

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

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

COR.

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

3.6 INVOICE FREQUENCY AND PAYMENTS

Invoices shall be submitted based upon delivery and acceptance of the tasks performed as proposed and agreed to by the Government in accordance with Section 1.4 – Partial Delivery Payment Schedule via the

Internet Payment Platform (IPP) as delineated in Section 3.6.1 below.

3.6.1 Invoice Submission Instructions

Electronic Invoicing and Payment Requirements - Internet Payment 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

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Contract Terms and Conditions - Commercial Products and Commercial Services included in commercial 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:

1. Detailed invoice(s) as an attachment to the IPP showing:

a. 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 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.

3.7 DOI-AAAP-0050, v02 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 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/.

mailto:IPPCustomerSupport@fiscal.treasury.gov

RFQ 140M0124Q0040 Page 12 of 52

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 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.

RFQ 140M0124Q0040 Page 13 of 52

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

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

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records which are not public information. Each employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein. Each employee shall sign the non-disclosure agreement form as provided at Attachment 1, and the Contractor shall submit the signed form to the CO prior to the employee’s information access.

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

Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to 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.

3.9 INFORMATION SECURITY

The term “sensitive information” means any information which warrants a degree of protection and technical, operational, and administrative control as defined by DOI or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code:

The Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as

For Official Use Only (FOUO) and shall include other unclassified information and proprietary data (The protection of classified information is beyond the scope of this clause. If any work on classified information is required under this contract, it is addressed under other task order clauses). The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive or proprietary by the DOI shall be protected as instructed by BSEE in accordance with the magnitude of the loss or harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the data. All provisions of this clause also apply to all subcontractors that are performing under this contract.

3.10 NON-DISCLOSURE AGREEMENT

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

RFQ 140M0124Q0040 Page 14 of 52

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 BSEE. 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 contract 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.

3.11 RELEASE OF INFORMATION

No 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 CO.

3.12 INTERNET PROTOCOL VERSION 6 (JUN 2012)

RFQ 140M0124Q0040 Page 15 of 52

(a) Any system hardware, software, firmware and/or networked component (voice, video or data) developed, procured, or acquired in support and/or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol

(IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products.

(b) Specifically, any new IP product or system developed, acquired, or produced must:

(1) Interoperate with both IPv6 and IPv4 systems and products, and

(2) Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.

(c) As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government. The Contractor shall retrofit all non-IPv6 capable equipment, as defined above, that is fielded under this contract with IPv6 capable equipment, at no additional cost to the Government.

(d) The contractor shall provide technical support for both IPv4 and IPv6.

(e) Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.

(f) Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.

3.13 CLAUSES

3.13.1 In accordance with FAR 52.252-2, this solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The Contractor shall comply with these clauses unless the circumstances do not apply. 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 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.204-26 Covered Telecommunications Equipment or Services-

Representation

OCT 2020

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

52.217-2 Cancellation Under Multi-year Contracts OCT 1997

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

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

RFQ 140M0124Q0040 Page 16 of 52

3.13.2.1 FAR 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS – REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act

Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase “FASCSA order” in the System for Award

Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR

52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an

RFQ 140M0124Q0040 Page 17 of 52 award to an offeror that does not require a waiver.

3.13.2.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (FEB 2024)

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. 3805note)).

(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.]

☒ (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

(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

☒ (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).

☒ (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).

☐ (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).

https://www.acquisition.gov/content/part-52-s…