B08_-_140E0125R0003_RFP_Draft_Addendum_-_SAM_1.docx

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL

The United States Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE), is issuing this solicitation in accordance with the Federal Acquisition Regulation (FAR) Part 15, Contracting by Negotiation, for the project titled “Test and Evaluation of the BSEE Burner.” This will be a small business set-aside in accordance with FAR 19.502-2 utilizing the NAICS of 333132 Oil and Gas Field Machinery and Equipment Manufacturing and the associated size status of 1,250 employees.

B.2 CONTRACT TYPE

The Government anticipates a Firm-Fixed-Price Contract.

B.3 CONTRACT LINE ITEM NUMBER

The specific details and description of the Contract Line Item Number (CLIN) are described below (Offeror shall fill in * and provide information as part of their proposal):

CLIN DESCRIPTION TOTAL PRICE

B.4 PARTIAL DELIVERY PAYMENT SCHEDULE

Payment will be made to the Contractor based upon delivery and acceptance of tasks performed as proposed and agreed to by the Government, in accordance with FAR Clause 52.232-1. The 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:

CLIN 00010:

CLIN 00110:

CLIN 00120:

[* = Offeror shall complete these items and include it in its price proposal. Final delivery payment amount and schedule to be determined by BSEE. Additional Payment Numbers can be added.

DRAFT RFP

140M0125R0003

SECTION C DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. INTRODUCTION

The Low-Emission Crude Oil Burner, nicknamed BSEE Burner, was designed by BSEE and the Naval Research Laboratory (NRL) for the disposal of crude oil. The system can burn up to 640 bbl/day of crude oil and is capable of processing emulsified crude oil containing up to 40% water. The BSEE Burner was envisioned as an easily deployable system for disposing of oil in remote or environmental sensitive locations, or in areas with limited oil spill cleanup equipment available. Having been tested at the Naval Research Laboratory Chesapeake Bay Detachment (CBD) and Ohmsett, the system is now ready to be advanced to field testing in relevant environments. This project will oversee the testing, modification, and advancement of the BSEE Burner system with the aim to transfer the system to end users.

C.2. OBJECTIVES

The overall objective of this project is to test and evaluate the BSEE Burner system in simulated spill scenarios.

C.3. SCOPE OF WORK

C.3.1. Task 1/Phase I: BSEE Burner Prototype Evaluation

· Life cycle testing: evaluation of the material life cycle of the BSEE Burner, with recommendations of modifications to improve functionality or lifespan. The evaluation should include, but is not limited to:

· Stress factors

· Carbonization or heat failure of components

· Identification of components prone to failure and/or degradation

· Operational condition extremes – arctic to tropics

· Evaluation testing: Conduct on land assessments of the BSEE Burner prototype to determine baseline performance measurements, such as oil burn rate, burn efficiency, amount of unburned oil remaining, and heat radiation.

C.3.2. Task 2/Phase II: BSEE Burner Prototype Modification and Construction

· Modifications of the existing BSEE Burner prototype, which may include, but are not limited to:

· Integration of air compressor and pump: Adapt prototype to integrate the necessary air compressor and pump into the field deployable system.

· Non-computerized mixing controls: Design and integrate simplified mixing controls for operation of BSEE Burner without electricity.

· Hoist and tie down points: Attach hoist and tie down points to the system to facilitate safe lifting and securing system to a moving platform.

· Integrated secondary containment for spilled oil from system.

· Safety monitoring devices, such as:

· Ignitor flame monitor

· Construction of Additional BSEE Burner Prototype: Using designs from the development of the BSEE burner with modifications agreed upon in the above step, build a second functional BSEE Burner prototype for field testing purposes.

· Field deployment platform: Determine the ideal platform for deployment at land, marsh/bayou, river and/or marine spill scenarios.

· Transport solution design: Design the smallest appropriate solution to securely transport the BSEE Burner and all equipment required for operation. Transportation methods to consider are, but are not limited to:

· Moveable by limited personnel.

· All components of shipping solution are used in fully set up BSEE Burner system.

· Remote area access: system is towed behind all terrain or tracked vehicle.

· System is transferred from land to sea via crane.

· Air transportation by fixed-wing aircraft.

· Air transportation via helicopter external load to a non-runway environment.

C.3.3. Task 3/Phase III: Field Testing

· On land testing: Deploy the BSEE Burner on land in a simulated spill scenario or at a spill of opportunity. The relevant environment may be, but are not limited to:

· Marsh testing: Deploy the BSEE Burner in a marsh environment, either as a test burn of previously collected oil or at a spill of opportunity sourcing oil collected via skimmers. The Contractor shall work with the Louisiana Oil Spill Coordinator’s Office (LOSCO) to identify appropriate locations for deployment. The Contractor will deploy the system in the manner that is minimally destructive to the ecosystem. During the burn, the contractor will collect data to assess the oil burn rate and the burn efficiency.

· Arctic Testing: Deploy the BSEE Burner in an environment where Arctic conditions must be considered for the operation.

· On-water testing: Deploy the BSEE Burner in a marine environment. The system should be setup, deployed, and operated from a relevant vessel/barge. During the burn, the contractor will collect data to assess the oil burn rate and the burn efficiency.

· Safety inspection protocols: Develop guidance for Coast Guard inspection of BSEE burner for end users.

C.3.4. Task 4/Phase IV: Development of User Manual and Revised Schematics

· Lessons Learned: Document lessons learned related to deployment, operation, or retrieval of the BSEE Burner with suggestions to improve future uses.

· BSEE Burner Modifications: Based on field trials, document suggested modifications to the BSEE burner.

C.3.5 Optional Task 1 - Conduct demonstration of the BSEE Burner at a Spill of Opportunity as follows:

The contractor should separately price a Contract Option for the labor, travel and equipment transportation costs to deploy personnel and equipment to a spill site (assume Gulf Region) to demonstrate the BSEE Burner. Assume a 5-day event, including one deployment day to the site, three days of demonstration testing in the field, one demobilization day. This contract option should be priced separately in the cost proposal and include the following:

· Travel to Conduct T&E at a Spill of Opportunity – The contractor shall price out the cost of a trip to an oil spill site (assume Gulf Region).

· SME Labor - The purpose of the trip is to provide onsite subject matter expertise for the deployment and use of the BSEE Burner at a spill. Labor should include all necessary coordination to properly deploy the unit within the scope of the Incident Command System requirements.

· Transport Vehicles to Support Field Testing: The contractor shall price out the cost for renting appropriate vehicles to support field testing operations. This may include trucks, cranes, all-terrain vehicles, etc.

C.3.6 Optional Task 2 – Construction of Additional Demonstration BSEE Burner Models

· Construct additional BSEE Burner prototypes based on all modifications agreed upon throughout the project.

SECTION D PACKAGING AND MARKING

D.1 All deliverables submitted under the contract shall be prepared and packaged in a cost- effective manner equivalent to standard commercial quality. Elaborate artwork, expensive paper and bindings are neither necessary nor desired.

D.2 Unless otherwise directed by the Contracting Officer, all reports shall be delivered by electronically to the Contracting Officer’s Representative identified in Section G.1.2

D.3 All paper deliverables shall meet at least the minimum requirements for post-consumer recycled content, set forth in the Environmental Protection Agency’s (EPA’s) Comprehensive Procurement Guidelines (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program).

SECTION E INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more Federal Acquisition Regulations (FAR) clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer (CO) will make their full text available. In addition, the full text of a clause may be accessed electronically at this address: FAR Clauses: http://www.acquisition.gov/

CLAUSE TITLE

52.246-4 Inspection of Services—Fixed-Price (Aug 1996)

E.2 INSPECTION AND ACCEPTANCE

Inspection of the supplies/services provided hereunder shall be made by the BSEE Contracting Officer’s Representative (COR) or any Inspectors designated by the CO. The place of inspection of reports required under this contract shall be at the addresses for deliverables set forth in Section F of this contract. Final acceptance of supplies/services shall be made by the COR designated in Section F.7.

E.2.1 General Acceptance Criteria

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

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

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

· Consistency to Requirements - All work products must satisfy the requirements of this contract.

· File Editing - All text and diagrammatic files shall be editable by the Government.

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

· Timeliness - Work Products shall be submitted on or before the due date specified in this contract or submitted in accordance with a later scheduled date determined by the Government.

E.3 QUALITY ASSURANCE

The COR, or designated inspector, will review for completeness the 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 contract. 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 acknowledgement of receipt of material as a waiver of review, or as an acknowledgement that the material is in conformance with this contract. Any approval given during preparation of the documentation, or approval for shipment, shall not guarantee the final acceptance of the completed documentation.

E.4 DELIVERABLE ACCEPTANCE TIME PERIOD

The Government will have 30-45 days to review and comment on draft task deliverable items and 45 days to review and comment (iterative process) on the Draft Final Report; refer to Section F for a detailed schedule of review periods for each deliverable. The Contractor is required to be objective and provide independent analysis for this project. If the Government disapproves a deliverable, the COR will submit remedial directions to the Contractor within the review period, and the Contractor will have a maximum of 15 days from the receipt of such directions to adopt remedies and submit a final deliverable to the Government.

SECTION F DELIVERIES OR PERFORMANCE

F.1. TERM OF THE CONTRACT

The period of performance (POP) of the resultant contract is from date of award for a period of 24 months. Each optional task is estimated to be a period of 12 months, with option 1 and/or option 2 beginning around June 2026. The anticipated award date is June 1, 2025. The POP shall encompass all tasks from initial planning through BSEE’s final acceptance of all deliverables. The Contractor shall deliver all required deliverables in accordance with Sections C, E, and F.

F.2 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were included in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): https://www.acquisition.gov.

CLAUSE TITLE

F.3 PLACE OF PERFORMANCE

All work under this contract shall be performed at the Contractor’s facilities. Teleconferences and in-person meetings will be coordinated between the Contractor and the Contracting Officer’s Representative as necessary.

F.4 MEETINGS, REPORTS AND OTHER DELIVERABLES

The Contractor is responsible for editing and proofreading all material in order to prepare products as error free as possible prior to their delivery to the BSEE. All reports shall be written as non-proprietary, releasable by BSEE to the public either through posting on the BSEE webpage or by other means unless stipulated elsewhere in the contract.

The following deliverables shall be submitted and meetings held in accordance with the schedules specified in Section F.6 to the addresses specified in Section F.7.

F.4.1 Meetings

· Contract Kick-off meeting – This approximately one-hour meeting will be conducted as soon as practical after the award date. The contractor shall prepare and deliver meeting minutes within five (5) business days after the meeting, which capture date of meeting, attendees, discussion items, key decisions made, and pending actions.

· Proposal Review Meeting – This meeting will provide an opportunity to review the proposed work plan and identify any necessary changes to the SOW. This meeting will take place within 30 days of contract award.

· Monthly contract progress meetings throughout the period of performance – The contractor shall prepare and deliver meeting minutes within five (5) business days after each meeting, which capture date of meeting, attendees, discussion items, key decisions made, and pending actions.

· Field Testing Planning Meetings – As needed, additional planning meeting for field test events will be scheduled. The discussions during this meeting will go towards development of BSEE Burner Field Testing Design Document (section 5.2.3). The contractor shall prepare and deliver meeting minutes within five (5) business days after the meeting, which capture date of meeting, attendees, discussion items, key decisions made, and pending actions.

· Contract Close-out meeting – The contractor shall prepare and submit an approximately 40-minute PowerPoint presentation summarizing the results and takeaways of the project. The presentation shall be delivered by the contractor via a one-hour web-based meeting to an audience of BSEE personnel. Time will be allowed for group discussion and Q&A session following the presentation. No meeting minutes will be required.

F.4.2 Meetings Reports F.4.2.1 Quarterly Progress Reports (seven total due at the 3-, 6-, 9-, 12-, 15-, 18-, and 21-months after contract award) to include:

· Person preparing report;

· Report date;

· Reporting period;

· Funds billed to date and funds remaining;

· Progress to-date;

· Planned activities for the next quarter; and

· Problems encountered (if any).

F.4.2.2 Updated BSEE Burner Design Schematics: Detailed schematics incorporating all modifications agreed upon over the course of this project.

· Update #1 required for completion of Phase II (section 3.2).

· Update #2 to be completed at the conclusion of Phase IV (section 3.4) as needed based on results of Field-Testing Events.

F.4.2.3 BSEE Burner Field Testing Design Document: A detailed description of the relevant protocols and data collection techniques to be performed during the on land and on water field- testing events.

· Key Stakeholder Communications

· Safety:

· Personal Protective Equipment (PPE)

· Safe operational distances

· Test Environment Requirements

· Procedures:

· Deployment

· Transport to operational site

· Site preparation/hazard removal

· Unpacking

· Assembly

· Operation

· Prestart inspection

· Startup procedure

· Emergency shut down procedure

· Suggested spare parts

· Retrieval

· Cleanup

· Disassembly

· Repacking

· Transport from operational site

· Risk Identification and Risk Mitigation

· NEPA Compliance (to be coordinated with assistance from BSEE)

· Data Collection

· Oil burn rate

· Burn efficiency

· First draft due 60 days before field testing events

· Second draft due 30 days before field testing events

F.4.2.4 BSEE Burner User Manual: A detailed manual written for end users that includes:

· Deployment

· Transport to operational site

· Site preparation/hazard removal

· Unpacking

· Assembly

· Operation

· Personal Protective Equipment (PPE)

· Safe operational distances

· Prestart inspection

· Startup procedure

· Operational limits

· Emergency shut down procedure

· Troubleshooting

· Retrieval

· Cleanup

· Disassembly

· Repacking

· Transport from operational site

· Storage

· Maintenance

· Inspection list

· Maintenance intervals

· Recommended Spare Parts List

· Preparing for Ground or Air Transport

· First draft due 60 days after field testing.

· Second draft due 60 days prior to end of contract period of performance (POP)

· Final draft due prior to the end of contract period of performance (POP).

F.4.2.5 BSEE Burner Coast Guard Inspection Guidelines/Guidance: The contractor will provide written guidelines/guidance for end users related Coast Guard Inspection of BSEE Burner systems.

F.4.2.6 Graphical Abstract: a concise, pictorial and visual summary of the main findings of the research, which captures the content of the research at a single glance.

· Requirements for the Graphical Abstract can be found in Section 4.4 of the BSEE Style Guide and template available for download at https://www.bsee.gov/2021-ospd-report- specifications.

· Contractor should consider using graphic artist to assist on developing graphical abstract.

· First draft due 60 days before end of contract period of performance (POP).

· Second draft due 30 days before end of contract period of performance (POP). This version will undergo internal BSEE Peer Review.

· Final Version due prior to end of contract period of performance (POP).

F.4.2.7 Final Report: A final report in BSEE format shall be delivered before the end of the period of performance, service as the 24-month quarterly report. This report should conform to the BSEE format requirement and should be free of grammatical and typographical errors.

· Requirements for the final report can be found in the BSEE Style Guide and template available for download at https://www.bsee.gov/2021-ospd-report-specifications.

· First draft due 60 days before end of contract period of performance (POP).

· Second draft due 30 days before end of contract period of performance (POP). This version will undergo internal BSEE Peer Review.

· Final Report due prior to the end of contract period of performance (POP).

· A manuscript for submittal to an appropriate publication could be prepared from the final report, only with permission from BSEE/NRL.

F.5 CORRESPONDENCE

All correspondence pertaining to this Contract, prepared by the Contractor, shall have a courtesy copy (with attachments) sent to the COR and CO. Correspondence pertaining to this Contract, received by the Contractor (excluding correspondence to and from the BSEE) shall be copied and sent to the COR and CO. All correspondence shall be clearly marked with the Contract number on the first page and/or in the subject line.

F.6 SCHEDULE AND DISTRIBUTION OF DELIVERABLES AND MEETINGS

The Contractor shall edit and proofread all material in order to prepare error-free products prior to their delivery to BSEE. Deliverable products shall be submitted to the addresses shown in Section F.7 in accordance with the following schedule.

Second Draft – 30 Days Prior to Earliest Proposed Field Test Events One (1) digital copy to the CO and COR via email.

Second Draft– 60 Days Prior to end of Contract POP One (1) digital copy to the CO and COR via email.

Second Draft: 30 Days Prior to end of Contract POP One (1) digital copy to the CO and COR via email.

Second Draft: 30 Days Prior to end of Contract POP One (1) digital copy to the CO and COR via email.

Note: All deliverables shall be 508 compliant. (See H.7)

F.7 ADDRESSES FOR DELIVERABLES

COR: Contracting Officer's Representative

TBD

CO: Contracting Officer:

William Rilee U.S. Department of the Interior Bureau of Safety and Environmental Enforcement Procurement Operations Branch 45600 Woodland Rd, Sterling, Virginia 20166 Email: William.Rilee@bsee.gov

F.8 Scientific Integrity

Scientific integrity is vital to Departmental 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 the Department’s reputation and ability to uphold the public’s trust. All work performed must comply with the Department Scientific Integrity Policy posted to http://www.doi.gov, or its equivalent as provided by their organization or State law.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE POINTS OF CONTACT

G.1.1 Contracting Officer: The Contracting Officer (CO) for this effort is as follows:

William Rilee Bureau of Safety and Environmental Enforcement Email: william.rilee@bsee.gov

G.1.2 Contracting Officer’s Representative: The Contracting Officer’s Representative (COR) for this effort is as follows:

To be determined at the time of award

G.2 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the CO or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the CO in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the CO's response issued under paragraph (e) of this clause.

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

(f) The Contractor shall provide copies of all correspondence to the CO and the COR.

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

G.3 CONTRACTOR’S 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 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 to facilitate Government-Contractor communications. The Project Manager shall be the primary technical and managerial interface between the Contractor and Government. The Contractor’s designated Project Manager for this contract is: TBD

The Contractor’s designated Project Manager for this contract shall have the authority to make any no-cost contract technical, hiring and dismissal decision, or special arrangements regarding this contract.

The Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager or a designated representative shall meet with the COR to discuss problem areas as they occur.

G.4 PAYMENTS

G.4.1 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)

· A copy of the Partial Delivery Payment Schedule in Section B.4 of the contract with each invoice which cites what delivery payment schedule item they are invoicing for.

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 System for Award Management [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 from the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973- 3131.

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

G.4.2 PAYMENT FREQUENCY

Payments will be made for deliverables submitted by the Contractor and accepted by the Government in accordance with Section B.4 of the contract and G.4.1 above.

G.5 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (Dec 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

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

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

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

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

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.

G.6 INTEREST ON OVERDUE PAYMENTS

The Prompt Payment Act, Public Law 97-177, (96 Stat.85; 31 U.S. C. 3901-3906), as amended, is applicable to payments under this contract and requires payment to contractors of interest on overdue and improperly taken discounts. Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget (OMB) Circular A-125.

G.7 CANCELLATION CEILING

This is a multiyear contract. Consistent with FAR 17.106-1(c), the identified startup, nonrecurring, and other amortized costs for this contract are $XX,XXX. There is no cancellation ceiling for the first 12 months of the period of performance as they are not subject to cancellation. Should this contract be cancelled as of the start of the 13th month of the period of performance, the contract will be subject to a cancellation ceiling of $XX,XXX.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 ADVERTISING OF AWARD

(a) The Contractor shall not refer to this award in commercial advertising, or similar promotions in such a manner as to state or to imply the product or services provided is endorsed, preferred, or is considered superior to other products or services by the Department of the Interior (DOI), BSEE. This includes advertising, or similar promotions in all forms or electronic, broadcast and print media.

(b) In addition, the Contractor is restricted from reproducing the image(s) of the DOI/BSEE in any form of commercial advertising, or similar promotion. This includes images of official seals and buildings. The reproduction of official seals and the images of buildings is a matter controlled by regulation and Executive Order. Any proposed usage of such symbols must be brought to the attention of the CO.

H.2 PRINTING

The Contractor shall not engage in, nor sub-contract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract provided, however, that performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page, or less than 25,000 production units in the aggregate of multiple pages, will not be deemed to be printing. A production unit is defined as one sheet, size 8 and 1/2 × 11 inches, one side only, and one color.

H.3 CONTRACTOR CONFLICT OF INTEREST

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

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

(c) Absent a written approval of a Conflict of Interest Mitigation Plan from the CO, the Contractor, or any of its officers, representatives, employees, sub-contractors, or teaming arrangement members, shall not be involved in any situation during the performance of this contract, which may result in conflicts as contemplated in paragraph (a) above. Failure to comply with this clause may be cause for termination for default.

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

(e) The Contractor shall include this clause, including this paragraph in all sub-contracts and consultant agreements; however, sub-contractors and consultants shall be directed to send any mitigation plan to the Contractor who shall then inform the CO.

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

H.4 NON-DISCLOSURE AGREEMENT

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

During the period of performance of the contract, the Contractor might acquire access to confidential data, which is the sole property of the DOI and/or BSEE. The 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 sub-contracts or consulting agreements relating to work under this contract, and further agrees to have its employees and sub-contractor 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 sub-contractors 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 Statement of Work 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.

H.5 NOTICE REGARDING LATE DELIVERY/DELAYED PERFORMANCE

(a) In the event the Contractor anticipates difficulty in meeting performance requirements, or when it anticipates difficulty in complying with any delivery schedule contained in the contract, or any date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the CO and the COR in writing, giving pertinent details, provided these data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any contract delivery schedule, or date or any rights or remedies provided by law under this contract.

(b) If the Contractor fails to respond in a timely manner to any portion of the contract, delay will be attributed to the Contractor. Although the period of performance may change due to delay, the price may be subject to a downward adjustment.

(c) If the Government delays performance of this contract, the period of performance and/or price may be revised upon mutual agreement between the Government and the Contractor.

H.6 PERSONNEL REQUIREMENTS

H.6.1 Key Personnel

Certain skilled experienced professional and/or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as “Key Personnel” and are those persons whose resumes were submitted and identified by the contractor as “Key Personnel”. The following individuals are considered to be essential to the work being performed under this contract:

*TO BE COMPLETED AT TIME OF AWARD

H.6.2 Substitution of Key Personnel

(a) The Contractor agrees to assign those persons identified above and 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 CO.

(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 substitution’s 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.

H.6.3 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.

H.7 SECTION 508 OF THE REHABILITATION ACT

Section 508 of the Rehabilitation Act of 1973 (found at 29 U.S.C. 794d) requires access to and use of information by individuals with disabilities. A deliverable such as electronic reports (ex: Adobe® Portable Document Format [PDF] files) to be placed on the web (either on the agency’s web server of the company’s), video footage, or other electronic data such as CD-ROM (Compact Disc, read-only-memory) to be distributed, are subject to Section 508 guidelines.

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

H.8 STATEMENT OF DISCLAIMER

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

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

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

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

“Study concept, oversight, and funding were provided by the U.S. Department of the Interior, Bureau of Safety and Environmental Enforcement, Washington, DC under Contract Number .”

H.9 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 sub-contractors having a need to know such information in the performance of their duties for this project.

Infor…