Attachment_1_-_Amendment_00001_to_RFQ_0001.docx

SYNOPSIS:

PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE THAT WILL BE ISSUED. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

The U.S. Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE), on behalf of the Bureau of Ocean Energy Management (BOEM), has a requirement for a research study titled, “A Vulnerability Index to Scale Effects of Offshore Renewable Energy on Marine Mammals and Sea Turtles of the U.S. West Coast (VIMMS).” The estimated period of performance for this requirement is eighteen (18) months from date of award.

The purpose of this combined synopsis/solicitation is to solicit quotes as described in the attached solicitation. The Government anticipates a Firm Fixed Price type award as a result of this solicitation. This procurement is being conducted in accordance with FAR Part 13.5, "Simplified Procedures for Certain Commercial Items". The North American Industrial Classification Systems (NAICS) code is 541620, Environmental Consulting Services, with a small business size standard of $16.5 million. This solicitation is being issued on an unrestricted basis.

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

The point of contact for this procurement is Cielo Ibarra, Contracting Officer, BSEE, Acquisition Operations Branch, 45600 Woodland Rd., Sterling, VA 20166. Responses to this solicitation must be submitted electronically via email to Cielo.Ibarra@bsee.gov no later than the closing date and time referenced in the solicitation. All email correspondence must reference “Solicitation No. 140M0121Q0028”.

SECTION 1

PRICING

1.1 GENERAL INFORMATION

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 (FFP) Purchase Order as detailed in the Statement of Work (SOW). The North American Industry Classification System (NAICS) code for this acquisition is 541620, Environmental Consulting Services.

1.2 CONTRACT 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):

A Vulnerability Index to Scale Effects of Offshore Renewable Energy on Marine Mammals and Sea Turtles of the U.S. West Coast (VIMMS)

The Contractor shall provide all equipment, materials, managerial, administrative, and professional personnel to accomplish the project as described in accordance with Section 2, Statement of Work.

CLIN 00001 is a Firm Fixed Price CLIN.

1.3 AUTHORIZED BILLING RATES

The following table contains the authorized rates that may be billed under the contract for CLIN 00001 and 10001. All unit prices are fully-loaded (i.e., inclusive of all direct costs, indirect costs, and profit/fee).

Senior Project ManagerSAMPLE

[* = Offeror shall provide these dollar amounts in the business/price proposal. The rates contained in table above is for illustrative purposes only and will change based upon the labor categories and supplies proposed in the successful Offeror’s proposal.]

SECTION 2

STATEMENT OF WORK (SOW)

A Vulnerability Index to Scale Effects of Offshore Renewable Energy on Marine Mammals and Sea Turtles of the U.S. West Coast (VIMMS)

2.1 INTRODUCTION

The overarching challenge with the development of new industries or technologies is trying to anticipate their effects on the environment. BOEM has already received three unsolicited applications to install floating wind turbines, one offshore Oregon and one each offshore northern and central California. While data exist on the distribution of marine mammal and sea turtle species along the west coast of the US, there is currently no collated vulnerability assessment available on which to appropriately scale the potential impacts to these species from this nascent industry. BOEM needs to acquire this information to support the environmentally responsible development of any permitted offshore renewable floating energy siting and leasing. Impact assessment information is required under the NEPA, ESA, and MMPA.

Vulnerability to effects (e.g., displacement, entanglement, etc.) will vary between species because of where and when they occur along the U.S. West Coast and what they are doing (migrating, feeding, etc.). Species sensitivity to climate change has been discussed in the literature (Hossain et al. 2018; Dickinson et al. 2014; Foden et al. 2013) and similar approaches can be undertaken to assess the vulnerability of the different species to inform proposed floating wind development activities along the U.S. West Coast. Impacts to marine mammals and sea turtles are always of high concern to stakeholders. This study will take the first step in developing a dynamic framework to enable the evaluation of all available and applicable marine mammal and sea turtle data, use expert elicitation to inform identified data gaps (including potential mitigative trade-offs of offshore renewable energy development), as appropriate, and then use this information to rank each vulnerability factor (for example, species population, species habitat use, compensatory abilities, and other environmental stressors) and determine an overall potential vulnerability rating for these marine mammal and sea turtle species. This information will feed directly into BOEM’s environmental assessments and decision documents and will help BOEM identify species of concern, as well as topics for future studies related to potential offshore floating wind impacts on marine mammals and sea turtles along the U.S. West Coast.

BOEM has funded, and continues to fund, studies related to the distribution and abundance of U.S. West Coast marine mammals (OCS Study #s 2019-042; 2018-044; 2018-025; 2016-035; 2014-003; Barlow et al. 2014). This study will allow for the use of the data collected from BOEM’s past efforts to inform current and future decisions related to offshore renewable energy development along the U.S. West Coast. Information from this study with allow for the potential avoidance of areas of high overlap with species of interest, as well as identifying potential mitigative strategies, for example, opportunities to require seasonal installation to reduce the potential for impacting certain species.

BOEM is seeking the professional expertise and technical services of a contractor to implement a species-specific vulnerability index to enable realistic and meaningful quantification and interpretation of the current status of marine mammal and sea turtle species that occur offshore Central and Northern California, Oregon, and Washington. This index will highlight priority species of concern when considering offshore energy development.

2.2. STUDY OBJECTIVES

1. Develop a vulnerability index for marine mammals and sea turtle species that occur offshore Central and Northern California, Oregon, and Washington. The index will take in to account environmental context-specific factors like species population status, species habitat use, compensatory abilities, and other environmental stressors. In addition, where appropriate, the index will explicitly consider climate change as it pertains to impacts to the research, as well as addressing the impacts of limiting carbon emissions.

2. Develop an appropriate visual representation of the levels of concern (for example, a red-orange-green geospatial overlay or matrix, or time-series map products) that will act as a basis for informing the selection of offshore renewable energy sites.

2.3. SCOPE OF WORK

2.3.1. General Program Scheduling

This study shall have a maximum of an eighteen (18) month period of performance commencing on the date of contract award and follow the deliverable schedule described in Section 2.6.

2.3.2. Location

The areas of interest include the waters inshore and offshore Central and Northern California, Oregon, and Washington.

2.3.3. Tasks:

Task 1: Post-Award Meeting with BOEM

Within one month of contract award, the Contractor shall hold a post-award meeting with BOEM staff. The meeting may either be in person at the BOEM office in Camarillo, California, or by video conference call.

At a minimum, the post-award meeting shall include: 1) directions from the Contracting Officer (CO) and identification of the Contracting Officer’s Representative (COR) and other pertinent BOEM personnel; 2) a draft of the Program Management Plan (PMP) from the Contractor; 3) the proposed Schedule from the Contractor; and, 4) an introduction and identification of the Contractor’s Key Personnel and subcontractors by the Contractor (see Section 3.7.). In addition, the Contractor will present the PMP including the purpose of the project, the scope, roles and responsibilities of the project team, the deliverables, the risks, the assumptions, the planned effort, and the deadline. During the post-award meeting, any outstanding issues will be addressed. No changes to the terms or conditions are authorized unless approved in writing by the CO via a modification to the contract.

The Contractor shall:

· Provide an agenda to participants at least one week prior to the meeting;

· Provide Meeting Summary to BOEM for review and approval within two weeks after the meeting; and

· Provide Revised PMP to the COR within two weeks after the meeting.

Task 2: Quarterly Progress Reports:

The Contractor shall submit quarterly progress reports to the COR as email or email attachment. The progress reports shall at a minimum include:

· A summary of all work performed during the preceding quarter and overall progress made against the schedule;

· A summary of significant technical, schedule, or cost problems encountered during the preceding quarter, including an assessment of their probable effects on meeting contract provisions;

· A summary of any resolutions agreed to by the COR and CO regarding these problems; and

· A list of all significant meetings held or other contacts made in connection with the contract during the preceding quarter, including a brief summary of the participants and subject, date, location, and outcome of each such contact or meeting.

· Summary of expenses incurred during the reporting period.

Task 3: Collate existing pertinent marine mammal and sea turtle data

Collate existing pertinent information (at a minimum, biological, distribution, population status, abundance, and known stressors) on marine mammal and sea turtle species that occur in the waters offshore Central and Northern California, Oregon, and Washington. These data sources shall be organized in an EndNote® compatible format.

Task 4: Identify and address data gaps through expert elicitation

Qualified experts on marine mammal and sea turtle species that occur in the waters offshore Central and Northern California, Oregon, and Washington will provide expert input that is biologically based and scientifically sound to identify and address pertinent data gaps in species-specific knowledge, for example, biological, acoustical, ecological, and environmental.

Task 5: Develop a dynamic vulnerability index

The vulnerability index will present a scientifically current and biologically based process with realistic elements that represent the relevant geographic scope described in this statement of work and integrate relevant variables (e.g., biological, acoustical, ecological, and environmental) to inform the siting of offshore wind development within a marine mammal and sea turtle population context. The index will be designed in a way such that this approach will be able to accommodate updates to reflect the evolving state of knowledge.

The vulnerability index will be developed by ranking key vulnerability factors including species distribution, species density estimates, species population, species population status (i.e. threatened, endangered or not), strong seasonal patterns in distribution and/or density (species habitat use), or any other factors deemed appropriate. Examples of similar approaches for risk evaluations for marine mammals from seismic surveys are provided by Southall et al. (2018) and for birds by Adams et al. (2017). The ranking of each factor for all species will be independently evaluated by a selected group of experts per factor and potentially weighted for their importance following analysis.

Species evaluated in the index will include all marine mammal and sea turtle species expected to regularly occur offshore Central and Northern California, Oregon, and Washington. Expert input should include evaluating the analytical approach to consider appropriate geographical boundaries, as well as grouping similar species and using one representative species, as appropriate. Species of interest should include blue, fin, humpback, gray, and sperm whales; bottlenose dolphins and harbor porpoise; sea otters; and California sea lions. Additionally, sea turtle species expected to regularly occur in these areas, including green, leatherback and loggerhead sea turtles, should be evaluated in the index.

Anticipated resolution of species vulnerability should be presented on a monthly basis; however, if expert opinion disagrees with this approach and substantive reasoning is provided, the resolution can be amended.

Task 6: Presentation of results

Results of the vulnerability index should be represented for each marine mammal and sea turtle species, species and/or geographical grouping, in a clear, succinct, and visually informative format that will serve as a basis to inform future impact-related assessments and assist in the selection of appropriate offshore renewable energy sites.

2.4. MEETINGS, REPORTS, AND OTHER DELIVERABLES

2.4.1. Draft Final Report and Technical Summary

The Contractor shall complete and submit a draft Final Report and draft Technical Summary to BOEM for review. The draft Final Report should document the study approach and results from Tasks 3-6. The Technical Summary should be a concise summary (no more than a few pages in length) and cover all technical tasks. The Contractor shall prepare the draft Final Report with clear, concise writing at a level suitable to a technical audience familiar with the various facets of marine biology and conventional energy mitigation development. The draft Final Report will describe data gaps/research needs that would improve future risk assessments based on this work. The format and organization of the draft Final Report will be agreed upon between the Contractor’s Project Manager (PM) and the BOEM COR prior to preparation. The report shall conform to the specifications found at BOEM’s web site: https://www.boem.gov/ESP-Data-and-Information-Specifications/.

Upon delivery of the draft Final Report and draft Technical Summary, BOEM will have 30 days to review them and provide comments to the Contractor. The Contractor will have 60 days from the delivery of BOEM’s comments to revise and finalize the Final Report and Technical Summary and deliver them to BOEM.

2.4.2. Revised Final Report and Technical Summary

The Contractor shall revise the draft Final Report and Technical Summary and complete as per BOEM comments.

The Contractor shall provide the rationale in a letter accompanying the revised Final Report and Technical Summary for any review comments not accommodated. Copies of the revised Final Report and Technical Summary, high-quality physical master copies, and searchable-text MS Word and PDF digital copies shall be provided to BOEM per Section F. Bibliographic citations for the Final Report shall be provided to BOEM in EndNote® compatible format.

The disclaimer page in the draft and revised Final Report shall contain the following language:

“Study concept, oversight, and funding were provided by the US Department of the Interior, Bureau of Ocean Energy Management (BOEM), Environmental Studies Program, Washington, DC, under Contract Number _________________. This report has been technically reviewed by BOEM, and it has been approved for publication. The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the US Government, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”

2.4.3. Journal Publications and Presentations

The Contractor shall draft and submit a paper describing the effort and the results to a peer-reviewed scientific journal. This task shall be completed before the end of the period of performance of the contract. While not a requirement under this contract, presentations at public meetings are encouraged. The Contractor shall require of all investigators that all manuscripts intended to be published in journals and all abstracts or summaries prepared for oral/poster presentations based on this study be submitted to BOEM for review and comment prior to submittal to the journal or conference authority and any BOEM comments incorporated to the extent practical. All such publications and oral/poster presentations shall contain an acknowledgement of BOEM’s support that reads:

“Study concept, oversight, and funding were provided by the US Department of the Interior, Bureau of Ocean Energy Management (BOEM), Environmental Studies Program, Washington, DC, under Contract Number _________________.”

The Contractor shall not provide copies of the draft Final Report, nor any subsequent revisions prepared during the review process, nor data contained within, nor any portions thereof, to any parties not specifically designated in Section F prior to final acceptance by BOEM of the Final Report and Technical Summary. If a need arises to do so, the PM must obtain the written approval of the CO.

2.4.4. Project Webinar

At the conclusion of the study, the PM and appropriate technical leads will give a webinar to BOEM staff and invited participants summarizing the study and major findings.

2.4.5. Data Management

2.4.5.1. Data Format

All report files generated by this contract shall be prepared in electronic and paper copies and be submitted according to the schedule and requirements described in Section F and as agreed upon at the post-award meeting. Text files shall be submitted in formats compatible with Microsoft (MS) Word® and Adobe Acrobat® (i.e., PDF); database files shall be submitted in a format compatible with MS Excel®.; and geographic data files shall be submitted using an ArcGIS file geodatabase (see Data Submission section below for more detail). Bibliographic references shall be submitted in a format compatible with EndNote®. Any DVDs and/or hard drives submitted shall be formatted with a system (e.g., New Technology File System [NTFS]) that is writeable by the current MS Windows® operating system.

If photographs, videos, or audio recordings are to be included with the reports, they shall be credited and free of copyright restrictions and suitable for copying. These figures shall have a minimum resolution of 300 dpi. This digital requirement includes all tables, charts, graphs, and figures that were not prepared in Microsoft Word, as well as photographs from other sources. No originals shall be mailed without prior backups.

If practicable, BOEM will store a copy of the data and/or data products and associated software on external hard drives or using other appropriate media depending on the nature and size of the products, as agreed to by the PM and the BOEM COR.

2.4.5.2. Data Submission

2.4.5.2.1. Acoustic Data

Where applicable, all data, images, and analyses will be made available to the public, including all raw acoustic files (i.e., .wav files) used for the analyses, no later than 18 months following project award.

Metadata will be provided to BOEM using the ISO 19115 metadata standard for the BOEM Public Data Listing no later than 18 months following project award. Granular metadata shall describe each data file generated during this project and contain sufficient information for the scientific use of the data (including parameters, calibration information, location of the instrumentation, etc.). Collection metadata records will be provided for each type of data collected by the field program, including raw acoustic, processed acoustic, image, localization, and whatever else may be applicable. The collection metadata shall provide an inventory of all the granular metadata associated with the collection and provide links for the direct download of the data granules from the Internet. All metadata shall follow the latest content standards developed by the relevant communities of practice (Tethys). All acoustic data will be delivered to BOEM using media as described in the Contractor’s proposal and as agreed to by the PM and the BOEM COR.

2.4.5.2.2. Geographic Data

Where applicable, geographic data will be delivered in geodatabases (ArcGIS 10.2 or newer) on an external hard drive or other media acceptable to both parties. At a minimum, the geodatabases will include feature classes (shapefiles) for the detection data and grids (rasters) displaying the results of analyses and models.

All detection feature classes will be in the WGS_1984 Geographic Coordinate System. Rasters will be created in an appropriate Projected Coordinate System for the area displayed, such as UTM zones 4, 5, 9, 10, or 11. (BOEM needs to select appropriate projection for larger geographic areas.)

All geographic data products will be adequately described with detailed metadata conforming to either Federal Geographic Data Committee (FGDC) Content Standard for Digital Geospatial Metadata, or the International Organization for Standards (ISO) Geographic Information – Metadata Standard 19115. Metadata will include detailed explanation of how the data were collected and analyzed.

2.4.5.2.3. Study Footprint

A study footprint that geographically references the study area will be delivered. The footprint should be developed in accordance with BOEM’s ESP Data And Information Specifications and ESP Study Footprint Guidance.

2.5. PROGRAM MANAGEMENT

The Contractor shall adhere to the Project Management Plan that was submitted to the CO and COR in the written submission for monitoring all aspects of contract requirements.

The Project Management Plan shall include the following (see Task 1):

● Project Manager: The Project Manager shall be the primary post-award point of contact, on behalf of the Contractor, to the COR, DOI/BOEM and the CO (if needed). The Contractor shall designate a Project Manager whom, in addition to being professionally capable, shall be vested with sufficient authority to ensure the timely, efficient, and competent accomplishment of all work and requirements. The Project Manager's technical and managerial capability shall be demonstrated, via the Contractor’s submission of a resume, e.g., experience and leadership in relevant technical efforts that are comparable to the requirements of this RFQ. The Project Manager shall be able to effectively communicate with the Project Manager’s Staff and with Principal Investigators and Authors.

● Project Manager’s Staff: The Contractor shall designate a Project Manager’s Staff adequate to support the Project Manager for the scientific, logistical, financial, and administrative planning and coordination necessary to meet or exceed the requirements.

● Principal Investigators and Authors: The Contractor shall demonstrate the expertise of its proposed Principal Investigators and Authors. The Project Manager may also serve as a Principal Investigator or Author.

● Activity Monitoring: The Contractor shall establish and describe its procedure for monitoring all aspects of the Government’s requirements herein.

● Labor Matrix: In the Business/Cost Proposal, the Contractor shall provide a labor matrix, by task, showing the labor categories and labor hours of all contractor personnel designated to perform the requirements.

● Literature and Data Management: The Contractor shall demonstrate, describe and discuss plans and procedures for managing the literature and data identified, assembled, and reviewed during the performance of the Government’s requirements.

Scientific integrity is vital to Department of the Interior (DOI) activities under which scientific research, data, summaries, syntheses, 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.

As appropriate, afford opportunities to underrepresented groups in science as paid learning opportunities to support workforce learning and development.

2.6 DELIVERABLES

The Contractor shall submit the following deliverables and hold meetings in accordance with the timelines specified below. The Contractor is responsible for quality control and assurance, to include editing and proofreading all material, in order to prepare error-free products prior to their delivery to the Government. Drafts submitted with numerous errors will be returned as incomplete. Copies of all work products are to be provided to BOEM at the addresses in Section 2.8.

Deliverable products shall be prepared in MS Word format, unless otherwise noted in specific tasks or in a manner agreed upon by the CO at the post-award meeting. Deliverable products shall be delivered to this standard distribution list, unless otherwise noted:

· COR – one (1) digital copy

· CO & Contract Specialist (CS) – one (1) digital copy

· Environmental Studies Program Representative (ESPR) – one (1) digital copy

ESP Representative—One (1) electronic copy (MS Word or PDF) COR—One (1) electronic copy (MS Word or PDF) CO—One (1) electronic copy (MS Word or PDF) Post Award Meeting within one (1) month after contract award.

Post Award Meeting summary within two (2) weeks after the meeting.

Revised PMP within two (2) weeks after the meeting.

ESP Representative—One (1) electronic copy (MS Word or PDF) COR—One (1) electronic copy (MS Word or PDF) CO—One (1) electronic copy (MS Word or PDF) First Quarterly Progress Report – ninety (90) days after contract award, and every 3 months after that.

ESP Representative—One (1) electronic copy (in EndNote® compatible format) COR—One (1) electronic copy (in EndNote® compatible format) CO— One (1) electronic copy of transmittal letter only Concurrent with the submission of the Final Report.

ESP Representative—One (1) electronic copy (MS Word) COR—One (1) electronic copy (MS Word) CO—One (1) electronic copy of transmittal letter only Fifteen (15) months after contract award a Draft Final Report will be delivered. BOEM will have 30 days to review and comment on it.

ESP Representative— Two (2) electronic copies (MS Word and PDF) COR— Two (2) electronic copies (MS Word and PDF); and One (1) paper copy CO—One (1) electronic copy of transmittal letter only Within sixty (60) days of the BOEM comments on the Draft Final report and Draft Technical Summary, or resolution of issues.

ESP Representative—One (1) electronic copy of journal publication(s) only COR—One (1) electronic copy of draft manuscript(s) and presentation(s) CO—One (1) electronic copy of transmittal letter only Draft manuscript(s) and draft presentation(s) including associated tables and figures to be sent to COR for review prior to formal submission. May be done at any point in the contract, but prior to completion of the contract.

Reprints within one week of receipt from journal.

Webinar Attendees Prior to completion of the contract.

ESP Representative—One (1) electronic copy of transmittal letter only COR—Two (2) copies on BOEM-approved media CO—One (1) electronic copy of transmittal letter only Concurrent with the submission of the Final Report.

2.7 INSPECTION AND ACCEPTANCE

Final inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of delivery by the Contracting Officer’s Representative (COR).

2.7.1 General 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.

2.7.1.1 Accuracy – Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

2.7.1.2 Clarity – Work Products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

2.7.1.3 Consistency to Requirements – All Work Products must satisfy the requirements of this statement of work.

2.7.1.4 File Editing – All text and diagrammatic files shall be editable by the Government.

2.7.1.5 Format – Work Products shall be submitted digitally and in media mutually agreed upon prior to submission. Hard copy formats shall follow any specified Directives or Manuals.

2.7.1.6 Timeliness – Work Products shall 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.

2.8 QUALITY ASSURANCE

The Contracting Officer’s Representative (COR) will review, for completeness, 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 work statement. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by the COR. The Contractor shall not construe any letter of acknowledgment of receipt material as a waiver of review, or as an acknowledgment that the material is in conformance with this work statement.

2.9. ADDRESSES FOR DELIVERABLES

Contracting Officer’s Representative (COR)

TBD

U.S. Department of the Interior Bureau of Ocean Energy Management, Pacific Office 760 Paseo Camarillo, Suite 102 Camarillo, CA 93010

TBD

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

ESP Representative

TBD

U.S. Department of the Interior Bureau of Ocean Energy Management 45600 Woodland Road, MSC VAM-OEP, Sterling, VA 20166

TBD

Contracting Officer (CO) Cielo Ibarra U.S. Department of the Interior Bureau of Safety and Environmental Enforcement Acquisition Management Division 45600 Woodland Road, Sterling, VA 20166 Cielo.Ibarra.@bsee.gov

SECTION 3

GENERAL PURCHASE ORDER TERMS AND CONDITIONS

3.1 SCOPE

A Firm Fixed Price Purchase Order shall be 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

It is anticipated that the period of performance for this requirement is:

Eighteen (18) months from date of award

The period of performance shall encompass all tasks from initial planning, through and including the Government’s final acceptance of all deliverables.

3.3 PLACE OF PERFORMANCE

The primary place of performance is at the Contractor’s facility. The areas of interest include the waters inshore and offshore Central and Northern California, Oregon, and Washington.

3.4 ADMINISTRATIVE POINTS OF CONTACT

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

U.S. Department of the Interior Bureau of Safety and Environmental Enforcement Acquisition Operations Branch Attn: Cielo Ibarra Email: Cielo.Ibarra@bsee.gov

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

TBD AT TIME OF AWARD

3.5 INVOICING REQUIREMENT

An Invoice shall be submitted in accordance with Section 3.5.1 below.

3.5.1 DOI-AAAP-0028, V03 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) (APR 2013)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.7 CONTRACTOR PERSONNEL

3.7.1 Key Personnel

(a) The Contractor agrees to assign those persons who are necessary to fulfill the requirements of the purchase order 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 purchase order shall be mutually agreed upon by the contractor and the Government and will be specified in the purchase order. During the first 90 calendar days of the purchase order, 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 purchase order performance.

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

Contractor Principal Investigators and Authors

[To be submitted along with the technical quote and filled in upon award. To be submitted along with the technical quote and filled in upon award. Additional individuals may be proposed/added as key.]

3.7.2.1 Contractor Project Manager

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

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

3.7.2.2 Contractor Principal Investigators and Authors

The Contractor shall demonstrate the expertise of its proposed Principal Investigators (PI) and Authors. The Project Manager may also serve as a Principal Investigator or Author.

The Contractor shall provide PIs and Authors to undertake the collation of literature, associated analysis, and produce the vulnerability index in accordance with the requirements contained herein. The PI shall be the primary technical interface between the Authors, the PM and the Contractor. The PI is responsible for identifying and communicating any issues to the PM. The PM shall meet with the COR as necessary to maintain satisfactory performance and to resolve other issues pertaining to the contract. A mutual effort shall be made at these meetings to resolve any and all identified problems.

3.7.3 Contractor Conflict of Interest

(a) It is the policy of the Department of the Interior to avoid contract/purchase order awards which could create potential conflict of interest. Such a situation could occur in this instance when the Contractor or any Subcontractors 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 request to waive the terms of this provision shall be directed in writing to the CO and shall include a full description and justification of the requested waiver.

(c) The Contractor, the PM, or any of its officers or representatives, shall not be involved in any situation during the performance of this purchase order 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 must disclose any interest which may develop after purchase order award that may result in his placement in conflicts as contemplated in paragraph (a) above. Failure to comply with this provision may be cause for termination of this order 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 requests for waiver to the Contractor who shall then inform the CO as described in (a) above.

3.7.4 Non-Personal Services Contract

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

3.8 CLAUSES:

3.8.1 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/.

3.8.2 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 ITEMS

(JAN 2021)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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).

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under…