B08-_Addendum_A.pdf

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GM-24-03 IDIQ
Solicitation number
140M0124R0004
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This document is an Indefinite Delivery Indefinite Quantity (IDIQ) contract solicitation issued by the Department of the Interior's Bureau of Ocean Energy Management (BOEM) to obtain scientific services and equipment for a "Gulf Coast Community and Cultural Impact Study".

The IDIQ contract will have a 5-year ordering period and will be awarded on a firm-fixed-price basis. Task orders may be issued for field research/analysis, liaison services with scientific agencies, and other activities to produce baseline datasets and analyses to inform BOEM's understanding of potential impacts to human dimensions in the Gulf of Mexico region. The solicitation includes provisions for a sample task order on a community profile for Cameron and Calcasieu Parish. Offerors must submit technical, management, personnel, and past performance proposals, as well as a separate price proposal for the sample task order. Award will be made to the offeror providing the best value based on the evaluation criteria.

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SECTION B

PRICING

B.1 GENERAL

The Contractor shall provide all labor, materials, equipment, services, logistical support, and supplies necessary to perform “ Gulf Coast Community and Cultural Impact Study,” in accordance with the Section 2, Statement of Work. The Government anticipates awarding an Indefinite Delivery Indefinite Quantity (IDIQ) type contract in accordance with the Federal Acquisition Regulation (FAR) Part 15, FAR Part 12 and FAR Subpart 16.5. However, the Government reserves the right to not award a contract. The Government anticipates the Initial Task Order (Attachment 3) will be the first task order awarded with the IDIQ.

Task orders (TO) may be issued under this IDIQ contract on a Firm-Fixed-Price (FFP) basis.

TOs will be issued in accordance with the procedures set forth in Section G, Terms and Conditions. The ordering period shall not exceed five (5) years from date of award.

B.2 CONTRACT PRICING

All task orders issued under this IDIQ contract shall be priced in accordance with Section B.2.1.

The labor rates in Section B.2.1 serve as the maximum rates the Contractor may propose on task orders. The Contractor may always provide lower rates and discounts in any future task order quotes. The labor categories are anticipated to be the primary labor sources necessary to perform services at the task order level. Other labor categories may be added if applicable and necessary to perform the scope at the task order level.

B.2.1 CONTRACT LINE ITEM NUMBERS (CLIN) PRICING STRUCTURE

CLIN 00010 – Contract Year 1 (Months 1 through 12)

CLIN Description Market Price 0010 Study and Analysis $TBD

A contractor may propose an alternate pricing structure which is different from what has been prescribed. If an alternate pricing structure is proposed, then the contractor must provide a thorough explanation supporting the alternate pricing structure. Any explanation of a proposed alternate pricing structure must also describe why the prescribed pricing structure is not suitable.

The Government shall issue various Task Order to have the following done:

Field Research/Analysis, Liaison services with scientific agencies, offices, and research institutions

CLIN 00020—Contract Year 2 (Months 13 through 24)

CLIN Description Market Price 0020 Study and Analysis $TBD thorough explanation supporting the alternate pricing structure. Any explanation of a proposed alternate pricing structure must also describe why the prescribed pricing structure is not suitable.

The Government shall issue various Task Order to have the following done:

Field Research/Analysis, Liaison services with scientific agencies, offices, and research institutions

CLIN 00030—Year 3 (Months 25 through 36)

0030 Study and Analysis $TBD thorough explanation supporting the alternate pricing structure. Any explanation of a proposed alternate pricing structure must also describe why the prescribed pricing structure is not suitable.

The Government shall issue various Task Order to have the following done:

Field Research/Analysis, Liaison services with scientific agencies, offices, and research institutions

CLIN 00040—Year 4 (Months 37 through 48)

0040 Study and Analysis $TBD thorough explanation supporting the alternate pricing structure. Any explanation of a proposed alternate pricing structure must also describe why the prescribed pricing structure is not suitable.

The Government shall issue various Task Order to have the following done:

Field Research/Analysis, Liaison services with scientific agencies, offices, and research institutions

CLIN 00050—Year 5 (Months 49 through 60)

0050 Study and Analysis $TBD thorough explanation supporting the alternate pricing structure. Any explanation of a proposed alternate pricing structure must also describe why the prescribed pricing structure is not suitable.

The Government shall issue various Task Order to have the following done:

Field Research/Analysis, Liaison services with scientific agencies, offices, and research institutions

B.3 TASK ORDER PRICING (TASK ORDER 1)

CLIN Description Unit of Issue Total Price 0010 Community Profile-Cameron and

Calcasieu Parish Job $________ thorough explanation supporting the alternate pricing structure. Any explanation of a proposed alternate pricing structure must also describe why the prescribed pricing structure is not suitable.

The Task Order will be issued on a Firm Fixed Price basis. The price above represents the total price of the Task Order to include Labor, Material, and Travel costs.

B.3.1 Partial Delivery Payment Schedule for the Task Order 1

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:

Payment No. Deliverable(s) Payment Amount

1 To be proposed $ TBD*

2 $ TBD*

3 $ TBD*

Total Task Order Value $

* = TBD. This amount is to be determined upon award based upon the price accepted by the Government. Please also note that this is a sample, and you may propose a different table or it may be negotiated by the government.

B.4 MINIMUM AND MAXIMUM AMOUNTS—IDIQ LEVEL

Both the Government and the Contractor agree that the minimum order consideration under this contract is $500,000.00 for the minimum purchase of Task Orders, in accordance with FAR Clause 52.216-22 entitled “Indefinite Quantity” and the maximum consideration under this Contract over a five-year period is estimated to be $5,000,000.00.

SECTION C

STATEMENT OF WORK (IDIQ)

GULF COAST COMMUNITY AND CULTURAL IMPACT STUDY

C.1 INTRODUCTION

The Bureau of Ocean Energy Management (BOEM), within the Department of the Interior, is seeking access to scientific services and equipment necessary to allow BOEM more detailed and accurate baseline data and information about local level impacts to coastal communities than what is currently available through datasets typically used by Federal agencies to assess impacts (e.g., census data, EJScreen, etc.). Information gaps exist regarding Gulf Coast communities, which are often rural and vulnerable to land loss, extreme weather events, and other natural and anthropogenic effects that have been occurring for decades. This data need is reinforced by Executive Orders 12898, 13175, 14008, and 14096 which direct Federal agencies to consider and communicate the potential disproportionate effects of their actions on low income, minority, and Indigenous populations. The White House Environmental Justice Executive Council and the Department of the Interior have indicated that EJ analyses should be expanded, when appropriate, to include such issues as social and economic equity and climate change. Further, BOEM requires this information to comply with the National Ambient Air Quality Standards (NAAQS) in OCSLA under section 5(a)(8); with Section 110 of the National Historic Preservation Act; and to describe social, environmental, and cumulative impacts under the National Environmental Policy Act (NEPA). The baseline data used in the analyses under these various mandates could be improved to make more accurate assessments of effects, especially in NEPA documents.

C.2 BACKGROUND

The overarching strategic goal of the Bureau of Ocean Energy Management (BOEM) is to achieve expeditious and orderly development of energy and mineral resources on the Outer Continental Shelf (OCS), while minimizing impacts on the environment. BOEM has the authority to issue leases and right-of-way grants and will be reviewing various plans and permits related to renewable energy, carbon sequestration, green hydrogen, and marine minerals resources in the Gulf of Mexico (GOM). BOEM needs data in these areas to make sound decisions about how to effectively minimize impacts to communities without unnecessarily constraining development and to meet its responsibilities under the agency’s various regulatory responsibilities.

Renewables, carbon sequestration, and green hydrogen have not been implemented in the GOM yet; gathering data now will provide BOEM with a robust baseline dataset that will be used for future comparative purposes and to assess potential impacts. Existing baseline data (e.g., socio-economic, related infrastructure, air quality and health, demographic, etc.) from the GOM have proven of limited direct use for BOEM’s actions (due to oil and gas’ long history in the region) and is less applicable to novel renewable energy and forthcoming carbon sequestration activities in the GOM. This is further confounded by the likelihood that offshore renewables will interact with conventional energy and its supporting industries in numerous ways. It will be more difficult to get a handle on baselines in the GOM (the nation’s primary energy corridor) as compared to other BOEM regions. This underscores the importance of committing resources prior to the start of new green-energy development, before this burgeoning sector becomes similarly nebulous in impacts, effects, and spread. Since these activities are priorities for the agency, BOEM needs an IDIQ to allow for rapid data collection and scientific investigation prior to the implementation of novel technologies.

There are several coastal communities adjacent to the call areas and/or adjacent to port and support facilities that utilize coastal resources for subsistence, employment, traditional practices, and value its cultural aesthetic. BOEM anticipates initial areas of focus identified to include Port Arthur, Corpus Christi, Holly Beach, Cameron, Lake Charles, Freeport, Galveston, Texas City, and southern Houston. Also, the Houston Galveston-Brazoria area is in nonattainment status for the 8-hr ozone (O3) NAAQS. This is a substantial geographic area for data collection. These baseline and monitoring datasets would be the first of their kind and could prove instrumental in identifying the effects of development and, subsequently, directly inform novel mitigation actions that would bolster development efforts across the nationwide OCS.

The purpose of this Indefinite Delivery-Indefinite Quantity (IDIQ) contract is to have a source against which to issue task orders for the various services described in this Statement of Work.

This contract provides services for BOEM in the GOM region. Separate task orders issued by the Contracting Officer (CO) shall accomplish specific working tasking.

In accordance with Federal Acquisition Regulation Subpart 37.1, the requirements herein are for “non-personal service.” The Contractor is an independent entity and not an agent or employee of the Government. The Contractor shall provide services, personnel, material, supplies, supervision, labor, expertise, equipment, and equipment operators (except that specified as Government-furnished) required to operate, oversee, and assist in the operation scientific fieldwork and associated activities in accordance with this Statement of Work and applicable laws. This Statement of Work also provides for the ability for additional expertise and resources to support evolving BOEM operational requirements. The Contractor shall provide related services as specified, in accordance with the terms, conditions, general and special contract requirements, specifications, drawings, attachments and exhibits contained herein or by incorporated reference.

C.3 OBJECTIVES

The objective of this study is to produce baseline datasets and relevant analyses that would inform and enhance our understanding of potential direct, indirect, and cumulative impacts to human dimensions in forthcoming NEPA work and engagement efforts related to emerging technologies on the OCS. This study does not analyze a specific action, but rather provides the necessary baselines to compare the effects of future agency actions to measure change and effects from future program activities including, but not limited to, renewable energy development, carbon sequestration, and green hydrogen.

C.4 SCOPE OF WORK

Tasks will be ordered and issued via individual task orders. The following are the types of work the Contractor may be required to perform:

C.4.1 TASK 1. PROJECT MANAGMENT

The Contractor shall provide planning and organizing, and when necessary, subcontracting for each task under this agreement. Each project and its resources will need oversight and direction to ensure timely and quality completion. This includes identifying and managing the project timeline, formulating the project team, and efficiently guiding the team through all phases until project completion.

Each project will require proper initiation that in all instances will require a post-award meeting, a project and data-management plan document, and coordination and meetings with BOEM subject matter experts, BOEM Contracting Officer’s Representative (COR), and the Environmental Studies Program (ESP) representative. Project planning will start within 30 days of Task Order proposal acceptance.

Projects are expected to be conducted under tight timelines, and all orders will need to be completed within 5-year period of performance for this IDIQ contract. Project execution will require regular communication with BOEM and direct oversight from the Project management team. Monthly status reports will need to be produced to describe the work completed to date and progress against the schedule. A Gantt chart should be delivered with the project management plan and updated with each status report. All official communications related to these tasks must include in the subject line both the award numbers and task order numbers.

Project closeout will require adequate time for draft submittal and review. In all cases final report submittal will be due within 31 working days after the Contractor receives feedback from BOEM on its draft submittal.

C.4.2 TASK 2. EDITORIAL SERVICES

Given the short timelines for all tasks, it is critical that a technical editor be assigned to ensure all written products be vetted, reviewed, formatted, and properly edited to BOEM report specifications. All deliverables shall be fully compliant with section 508 of the Rehabilitation Act and Section 255 of the Communications Act. Guidance can be found at the website section508.gov. All reports shall also need to conform to the BOEM template and style guide found at https://www.boem.gov/environment/environmental-studies/report-specifications/esp-report-and-footprint-specifications.

The selected editor shall have demonstrated experience editing scientific, scholarly, and/or technical manuscripts. They shall have experience working under tight timelines and have a history of bringing projects to successful conclusion. They shall also have experience with and knowledge of Council of Science Editors (CSE) author-date reference formatting and 508 compliance.

C.4.3 TASK 3. SUPPORT RESEARCH / FIELD OPERATIONS

The Contractor shall coordinate and assist in the implementation of field operations, research, and documentation, all related to scientific research under subsequent task orders designed to meet BOEM’s resource management needs.

The Contractor shall coordinate research operational planning and execution; participate in fieldwork and research or monitoring expeditions; and assist in report development that will allow findings to be easily integrated into National Environmental Policy Act (NEPA) analyses.

As requested by BOEM, the Contractor shall serve as a liaison to other scientific agencies, offices, and research institutions. The Contractor shall ensure that scientific data and information are effectively maintained and communicated in order to inform policy and management decisions.

The Contractor shall support all aspects of field operations, including activities such as maintaining field equipment, including inventory, maintenance, product research and purchasing, preparing equipment for fieldwork; preparing research plans and ensuring proper data management; recommending adequate staffing for research teams; and performing field research and data collection. The Contractor shall participate in planning activities including budgets, management plan reviews, field projects, and preparation and review of other science / field planning documents.

The Contractor shall provide scientific expertise and support, including collaborating with partners, conducting research and/or surveys, sampling and collecting specimens in the field, conducting laboratory analyses and writing scientific reports, assisting with data management, and conservation or curatorial work. The Contractor shall provide spatial analyses, mapping and https://www.boem.gov/environment/environmental-studies/report-specifications/esp-report-and-footprint-specifications https://www.boem.gov/environment/environmental-studies/report-specifications/esp-report-and-footprint-specifications graphic materials using mapping tools and Geographic Information Systems (GIS). The Contractor shall operate computer equipment for sampling and processing, and use standard software packages for data analysis, including, but not limited to, ArcGIS, MATLAB, and Statistical Package for the Social Sciences (SPSS). The Contractor shall provide video documentation of methods, implementation and management of field operations with audio-visual equipment and software either provided by the Government or by the Contractor.

C.5 TRAVEL

The Contractor may be required to travel during performance of the contract and will be reimbursed for actual, allowable, and reasonable travel costs incurred, exclusive of any fee, at the task order level. Travel will be reimbursed in accordance with the Federal Travel Regulation policy in effect at the time of travel.

The parties recognize that it may be necessary to cancel or reschedule a meeting or field operations. Where rescheduling or cancellation was due to unforeseeable cause(s) beyond the control and without fault or negligence of the Contractor, penalties imposed by airlines or other travel related services shall be treated as allowable reimbursable costs under this contract.

C.6 OTHER REQUIREMENTS

C.6.1. EXPENSES – REIMBURSABLE ITEMS

The Contractor may be required to provide instruments, equipment, parts, and consumable / non-consumable materials to perform the performance-based services specified in task orders, as pre-approved by the Government. Other incidental equipment and supplies may be purchased by the Contractor at the direction of the Government. These purchase may include, but are not limited to:

• Fuel;

• Maintenance materials;

• Provisions;

• Repair parts;

• Purchase or rental of scientific and technical instrumentation;

• Vehicle Rental; and/or

• Miscellaneous Project Needs;

The Contractor may also be required to provide the services of consultants or sub-contractors in the execution of performance-based services specified in task orders. All sub-contractors shall be approved by the BOEM COR prior to incurring expense. These services may include, but are not limited to:

• Ethnographic Fieldwork;

• Air quality sampling and monitoring;

• Cultural Resources Assessments;

• Line of Sight/Viewshed analysis;

• Economics data acquisition and analysis;

• Support for National Environmental Policy Act document development;

• Data collection related to fisheries and their management;

• Environmental Justice community identification and monitoring;

• Geospatial data production and analysis; and/or

• Development of public information materials;

C.6.2 INSURANCE

The Contractor is required to comply with all applicable Federal and state workers’ compensation and occupational disease statutes. Insurance coverage levels are further specified in in FAR and CAR clauses, the Contractor is required to provide certificates of insurance prior to contract award for the entire period of performance of the contract.

The Contractor further agrees to indemnify and hold harmless the Federal Government and its agents and assigns from any claims or liability for injury, death, or loss that allegedly arises from the Contractor or any sub-contractor’s work undertaken in performance of this contract.

C.6.3 WORKING CONDITIONS

The Contractor shall provide safe, efficient working conditions and accommodations to Government field parties, which may include Government employees, other Government contractors and affiliates, associates from partner organizations, stakeholders, and the public. The Contractor shall ensure that working conditions are free from violence, threats of violence, harassment (including sexual harassment), intimidation, and other disruptive and unsafe behavior. The Contractor, its agents, sub-contractors, and employees shall not harass, assault, oppose, impede, intimidate, threaten, interfere with, or make unwelcome advances toward any member of the Government field party. Violation under this clause may result in termination of the contract, at the discretion of the Government, under the Default Clause, and in consequent liability of the Contractor to the Government for any costs incurred, as well as debarment, suspension, or similar action from future participation in Government contracts.

C.6.4 PERFORMANCE OF CONTRACT UNDER THE INFLUENCE

At no time shall Government work be performed under the influence of intoxicating liquor, illegal drugs, or prescription or over-the-counter medications that may impair Contractor’s ability to perform work safely.

C.6.5 FAMILY MEMBERS

Family members may not accompany Contractor on vessels owned by the Government or charted for work performed under this contract without obtaining written approval in advance from the COR.

SECTION G

TERMS AND CONDITIONS

G.1 TERM OF THE CONTRACT

The IDIQ contract ordering period shall be from the date of contract award through five (5) years. The period of performance for individual TOs may extend beyond the IDIQ contract ordering period. However, no new TOs may be issued once the IDIQ contract order period has expired. The period of performance for any single TO shall not exceed five (5) years in duration.

G.2 PLACE OF PERFORMANCE/ DELIVERY ADDRESS

The primary place of performance is the Contractor’s facility, all final data will be provided via portable electronic storage device to the Contracting Officer Representative address identified in Section 3.7.2.

G.3 AUTHORIZED USERS ORDERING PROCEDURES

Bureau of Safety and Environmental Enforcement (BSEE) Contracting Officers are authorized to issue TOs hereunder, on behalf of the Bureau of Ocean Energy Management (BOEM).

G.4 TYPE OF ORDERS

Firm-fixed-price TOs may be issued under this IDIQ.

G.5 ORDERING PROCEDURES

G.5.1

It is anticipated that task orders will be negotiated on a firm-fixed-price (FFP) basis. The Government will not reimburse the Contractor for the costs of preparing quotations for task orders.

G.5.2 Task Orders will be awarded using the following streamlined procedures:

The Government will provide fair notice of the intent to make a purchase to the IDIQ holder, including a clear description of the services to be performed and the basis upon which the selection will be made.

The Contracting Officer may make deviations to this process due to unique circumstances as determined on individual requirements, in accordance with FAR Subpart 16.5.

G.6 NO PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies and/or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

G.7 CONTRACT ADMINISTRATION/GOVERNMENT POINT OF CONTACTS

Notwithstanding the Contractor’s responsibility for total management during the performance of this Contract, administration of the Contract will require maximum coordination between the Government and the Contractor. The following information identifies the individuals responsible for this coordination:

G.7.1 Contracting Officer (CO)

The BSEE Contracting Officer for this IDIQ contract is:

Stacey Ellingsen U.S. Department of Interior Bureau of Safety and Environmental Enforcement Acquisition Financial Assistance Branch 45600 Woodland Road, VAE-AMD Sterling, Virginia 20166-9216 Stacey.Ellingsen@bsee.gov

Copies of all correspondence shall be provided at the address above.

G.7.2 Contracting Officer’s Representative (COR) The Contracting Officer has designated a Contracting Officer's Representative (COR) at the IDIQ contract level. The COR will be responsible for technical monitoring of the contractor's performance during the period of performance of this contract. The COR appointed at IDIQ contract level is:

To be completed at time of award

G.8 PAYMENTS

G.8.1 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:

mailto:Stacey.Ellingsen@bsee.gov

To be specified at the TO level

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 tor submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its quote or quotation.

G.8.2 INVOICE FREQUENCY AND PAYMENTS

Invoices shall be submitted as specified at the TO level and in accordance with Section

G.8.1.

G.9 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.

G.10 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/.

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.

https://www.cpars.gov/

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.

SECTION H:

SPECIAL CONTRACT REQUIREMENTS:

H.11 PERSONNEL REQUIREMENTS

The Contractor shall provide overall management pertaining to all Contractor technical and contractual personnel.

H.12 KEY PERSONNEL

The following individuals are considered to be essential to the work being performed under this contract: (Assumption- Program Manager) Name Position

TO BE COMPLETED AT TIME OF AWARD

Note: Any key personnel specific to Orders shall be proposed at the Order level.

H.13 SUBSTITUTION OF KEY PERSONNEL

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

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

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

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

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

H.14 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 (PM) to facilitate Government-Contractor communications. The PM shall be the primary technical and managerial interface between the Contractor and CO and the COR. The Contractor's designated PM for this contract is:

[To be completed at time of award]

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

The PM shall have full authority to act for the Contractor in the performance of the required services. The PM or a designated representative shall meet with the COR to discuss problem areas as they occur. The PM or designated representative shall respond within four hours after notification of the existence of a problem. The PM and all designated representatives shall be able to fluently read, write, and speak the English language.

H.15 ORGANIZATIONAL CONFLICT OF INTEREST

(a) It is the policy of the Department of the Interior to avoid contract 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 object of obtaining impartial, technically sound and objective performance of this contract.

(b) Any request for waiver from the terms of this contract provision shall be directed in writing to the Contracting Officer and shall include a full description and justification of the required waiver.

(c) The Contractor, or any of his officers or representatives, shall not involve himself in any situation during performance of this contract which may result in conflicts as contemplated in Paragraph (a) above. Failure to comply with this provision may be cause for termination of this contract for default.

(d) The Contractor must disclose any interest which may develop after contract award which may result in his placement in a conflicting role with his performance of this agreement. Failure to comply with this provision may be cause for termination of this contract 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 Contracting Officer as described in (a) above.

H.16 RELEASE OF NEWS INFORMATION

No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this effort shall be made without the prior written approval of the CO.

H.17 DATA USE, DISCLOSURE OF INFORMATION, AND HANDLING OF

SENSITIVE INFORMATION

The contractor shall maintain, transmit, retain in strictest confidence, and prevent the unauthorized duplication, use, and disclosure of information. The contractor shall provide information only to employees, contractors, and subcontractors having a need to know such information in the performance of their duties for this project.

Information made available to the contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer (CO).

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

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

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

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

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

The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner that provides for greater rights to the contractor. All data received, processed, evaluated, loaded, and/or created as a result of this TO shall remain the sole property of the Government unless specific exception is granted by the CO.

H.18 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 related to any task order issued under this contract.

(1) Draft Final Report. “This draft report has not been reviewed by the Bureau of Ocean Energy Management (BOEM), 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 BOEM 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 followings 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 Ocean Energy Management, Environmental Studies Program, Washington, DC under Contract Number ______________.”

H.19 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:

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-ROMs 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 HTML, PDF, or word processor files must be accessible.

H.20 PRINTING

The Contractor shall not engage in, nor subcontract 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 the 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 ½ x 11 inches, one side only, one color.

H.21 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 individual task orders issued under 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 the task order, the Contractor shall immediately notify the CO and the COR in writing, giving pertinent details, provided this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any task order delivery schedule, or date or any rights or remedies provided by law under the contract.

(b) If the Contractor fails to respond in a timely manner to any portion of the task order requirements, delay will be attributed to the Contractor.

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

SECTION I: CONTRACT CLAUSES:

I .22 FEDERAL ACQUISITION REGULATIONS CLAUSES

I.22.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERANCE (FEB 1998)

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

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

Clause Title Date 52.203-17 Contractor Employee Whistleblower Rights Nov 2023 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Services

Nov 2023 52.217-2 Cancellation Under Multi-Year Contracts Oct 1997 52.223-6 Drug-Free Workplace May 2001

I.22.2 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Order—Commercial Products and Commercial Services (Feb 2024)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

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

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

https://www.acquisition.gov/far

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

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

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

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

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

3509)).

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

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

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

__(6) [Reserved].

__(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

_X_ (9) 52.204-22 Alternative Line Item Proposal Jan 2017) _X_(10) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__(11) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

_X_(12) (i) 52.204-30, Federal…

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