Amendment_2_S-DASOBO-00009022.pdf

RFP# S-DASOBO-00009022 Biomass Fuel Pellets for Rees Training Center

RFP #S-DASOBO-

00009022

Biomass Fuel Pellets for Rees Training Center

AMENDMENT 2

SECTION 1: PURPOSE

The purpose of this addendum is to:

1.1 Modify Section 1.3, Schedule of Events.

1.2 Modify Attachment A,Sample Price Agreement, Section 3, Subsection 3.2, Additional Federal Terms and Conditions.

SECTION 2: MODIFICATIONS

The ITB is modified as follows.

2.1 MODIFICATION OF SECTION 1.3 SCHEDULE OF EVENTS

Modifications are indicated by new language being indicated by bold underlined font, deleted language being indicated by [strikethrough] font:

EVENT DATE TIME (Pacific Time) Questions and Clarifications

Due 34/2212/2024 4:00 PM

Answers to Questions and Clarifications Due

(approximate)

34/2715/2024 4:00 PM

ITB Protest Period Ends 4/03/2024 4:00 PM Closing (Due Date and time to submit Bids) 4/1030/2024 4:00 PM

Opening of Bids 4/1030/2024 4:00 PM OregonBuys Notice of Intent to

Award 45/2910/2024 4:00 PM

Notice if Intent to Award Protest Ends

7 days from Notice of Intent to Awards 4:00 PM

Price Agreement Execution 5/0117/2024 4:00 PM

2.2 MODIFICATION OF ATTACHMENT A, SAMPLE PRICE AGREEMENT, SECTION 3,

SUBSECTION 3.2 ADDITIONAL TERMS AND CONDITIONS

Subsection 3.2 of Attachment A, Sample Price Agreement, is deleted in its entirety and replaced with the following:

3.2 Additional Federal Terms and Conditions

The National Guard Bureau (“NGB”) Master Cooperative Agreement (“MCA”) (between NGB and OMD) DOD Component (NGB) Cooperative Agreement General Terms and Conditions October 2023 (“GT&C”), are incorporated into the Contract and are applicable to all work performed.

Pursuant to Part 3, PROC Article I, Section D and PROC Article III of the GT&C, Contractor shall comply with applicable requirements in PROC Article III, including as set forth below.

The GT&C may be updated by NGB from time to time. The current version is available online at https://www.oregon.gov/omd/installations/Documents/NGB%20Cooperative%20Agreement%20GT%26C%20October%20 2023.pdf.

1.01 Rights in Copyright and Data.

Contractor shall:

(a) Grant the federal government a royalty-free, nonexclusive, and irrevocable right to:

(1) Reproduce, publish, or otherwise use for federal purposes any work that is subject to copyright and that the Contractor develops, or acquires ownership of, under this Contract.

(2) Authorize others to reproduce, publish, or otherwise use such work for federal purposes.

(b) Grant the federal government the right to:

(1) Obtain, reproduce, publish, or otherwise use data produced under this Contract.

(2) Authorize others to receive, reproduce, publish, or otherwise use such data for federal purposes.

(c) Include the rights described in subparagraphs (a) and (b) of this section in any subcontracts.

1.02 Access to Records.

Contractor grants the State, the federal government, including the National Guard Bureau and its Inspector General, and the Comptroller General of the United States, and their duly authorized representative’s access to its books, documents, papers, and records that are directly pertinent to and relate to the performance under this Contract that contract, to enable and support audits, examinations, excerpts, and transcriptions.

1.03. Records Retention.

Contractor shall retain all directly pertinent records pertinent to Contracts entered into under this Price Agreement for three years after final payment and all pending matters are closed.

1.04. Reporting

Contractor shall provide support to Owner in meeting its requirements under the NGB CA Award, including providing any necessary reports or information as requested by Owner.

1.05 Clean Air and Water Requirements.

Contractor shall comply with applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q), Federal Water Pollution Control Act (33 U.S.C. 1251-1387), and standards, orders, or regulations issued under those acts. In addition, Contractor shall report any violations of the Acts, standards, orders, or regulations to both the Owner, the NGB award administration office and the appropriate regional office of the Environmental Protection Agency.

1.06 Non-procurement Suspension and Debarment

https://www.oregon.gov/omd/installations/Documents/NGB%20Cooperative%20Agreement%20GT%26C%20October%202023.pdf https://www.oregon.gov/omd/installations/Documents/NGB%20Cooperative%20Agreement%20GT%26C%20October%202023.pdf

Contractor shall comply with and hereby certifies that Contractor is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with OMB guidance on non-procurement suspension and debarment at 2 CFR part 180, as implemented by NGB regulations at 2 CFR part 1125.

1.07 Byrd Amendment Anti-Lobbying Requirements.

Contractor shall comply with 31 U.S.C. § 1352, as implemented by DoD (NGB) at 32 CFR part 28. Contractor certifies that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C.

1352. Each subcontractor must certify the same to Contractor. In addition, Contractor and subcontractor(s) must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Contractor shall forward all certifications to the Owner.

1.08 Purchase of Recovered Materials

Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

1.09. Prohibition on Using Funds under Grants and Cooperative Agreements with Entities that Require Certain Internal Confidentiality Agreements.

Contractor shall not require employees seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. The prohibitions and restrictions of any internal confidentiality agreements inconsistent with these general terms and conditions are no longer in effect. This section does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1.10 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.

Section 889 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Public Law 115-232), prohibits the head of an executive agency from obligating or expending loan or grant funds to procure or obtain, extend, or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain the equipment, services, or systems prohibited systems as identified in section 889 of the NDAA for FY 2019.

In accordance with 2 CFR 200.216 and 200.471, Contractor is prohibited from obligating or expending funds received under this Contract to:

Procure or obtain;

Extend or renew a contract to procure or obtain; or

Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered Foreign Country means the People’s Republic of China. Telecommunications Cost means the cost of using communication and telephony technologies such as mobile phones, land lines, and internet. Do Not Contract with the Enemy (2 CFR 183)

1.11. Nondiscrimination Requirements.

By accepting funds under this Contract, Contractor certifies that it will comply with applicable provisions of the national policies prohibiting discrimination:

(a) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as implemented by Department of Defense (DoD) regulations at 32 CFR part 195.

(b) On the basis of gender, blindness, or visual impairment, in Title IX of the Education Amendments of 1972 (20 U.S.C.

1681 et seq.), as implemented by DoD regulations at 32 CFR part 196.

(c) On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR part 90.

(d) On the basis of disability, in the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR part 56.

(e) On the basis of disability in the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) related to physically handicapped persons’ ready access to, and use of, buildings and facilities for which federal funds are used in design, construction, or alteration.

1.12. The Infrastructure Investment and Jobs Act (“IIJA”). Pub. L. No. 117-58, which includes the Build America, Buy America Act (“the Act”). Pub. L. No. 117-58, §§ 70901-52.

The Act strengthens Made in America Laws and will bolster America’s industrial base, protect national security, and support high-paying jobs. The Act requires that the head of each federal agency shall ensure that “none of the funds made available for a federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.”

1.13. Fly America Requirements.

Contractor shall comply with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C.

40118, also known as the "Fly America” Act), as implemented at 41 CFR 301-10.131 through 301-10.143. The law and regulations provide that U.S. Government-financed international air travel of passengers and transportation of personal effects or property must use a U.S. Flag air carrier or be performed under a cost-sharing arrangement with a U.S. carrier, if such service is available. Contractor shall include the requirements of the Fly America Act in all subcontracts that might involve international air transportation.

1.14. Cargo preference for United States flag Vessels.

Contractor shall comply with the Department of Transportation regulations at 46 CFR 381.7(b) and at least 50 percent of equipment, materials or commodities purchased or otherwise obtained with federal funds under NGB CA awards, and transported by ocean vessel, shall be transported on privately owned U.S.-flag commercial vessels, if available.

SECTION 3: PROTEST

Protests to this addendum must be submitted in the manner required in RFP Section 4.4.2 and are due Wednesday, April 16 by 4:00 PM Pacific Time.