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Request for Quotation (RFQ) No. 140M0123Q0025 Page 1 of 67

COMBINED SYNOPSIS AND SOLICITATION:

This is a Combined Synopsis/Solicitation and notice for commercial items prepared under the authority of and in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This notice constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation is also issued in conjunction with FAR Subpart Part 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services.

This solicitation is a Request for Quotations (RFQ). This RFQ is set aside for Indian Small Business Economic Enterprises (ISBEEs). The solicitation and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2023-03 effective April 26, 2023.

The Product Service Code (PSC) R499, Support-Professional: Other, is applicable to the requirement. The North American Industry Classification System (NAICS) Code 541620, Environmental Consulting Services, with a small business size standard of $19M, is applicable to the requirement.

This solicitation is being issued by the United States Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE), on the behalf of the Bureau of Ocean Energy Management (BOEM). The purpose of this solicitation is to obtain competitive quotations in response to the Government’s requirement: Support for Tribal Engagement in Reviews. As result of this solicitation, the Government anticipates issuing a multiple-award, Indefinite Delivery Indefinite Quantity (IDIQ) type contract to satisfy the requirements. Task Orders will be issued against the IDIQ as needed.

Request for Quotation (RFQ) No. 140M0123Q0025 Page 2 of 67

SECTION 1

PRICING

1.1 GENERAL

The United States Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE), on behalf of the Bureau of Ocean Energy Management (BOEM), anticipates awarding a multiple award, Indefinite Delivery Indefinite Quantity (IDIQ) type contract. However, the Government reserves the right to not award contract(s). The Government anticipates the Sample Task Order (Attachment 4) will be the first task order issued but reserves the right to not award the Sample Task Order.

Task orders issued under this IDIQ contract are anticipated to be Time-and-Materials (T&M).

However, the government reserves the right to issue Labor Hour (LH) orders. Task orders will be issued in accordance with the procedures set forth in Section 3, Terms and Conditions. The ordering period shall not exceed five (5) years from date of award.

This requirement is set aside for Indian Small Business Economic Enterprises (ISBEEs).

The Contractor shall provide all labor, materials, equipment, services, logistical support, and supplies necessary to perform, in accordance with the Section 2, Statement of Work.

1.2 IDIQ CONTRACT PRICING

All task orders issued under this IDIQ contract shall be priced in accordance with Section 1.2.1.

The rates in Section 1.2.1 serve as the maximum rates the Contractor may propose on task orders for labor, materials, equipment, and any other costs. The Contractor may always provide lower rates and discounts in any future task order quotes. The categories are anticipated to be the primary sources necessary to perform services at the task order level. Other categories may be added if applicable and necessary to perform the scope at the task order level. The Government retains the right to negotiate with the Contractor and incorporate additional categories and rates when deemed necessary by the Contracting Officer.

1.2.1 CONTRACT LINE ITEM NUMBERS (CLIN) PRICING STRUCTURE

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

Category Fully Burdened Rate

Project Manager $________

* The Government has provided the Project Manager as a required labor category under this IDIQ. The Contractor shall propose other appropriate categories.

The level of effort required will be identified at the task order level. The Contractor shall provide

Request for Quotation (RFQ) No. 140M0123Q0025 Page 3 of 67 fully burdened fixed hourly labor rates which include wages, overhead, general and administrative expenses, and profit. These rates shall be used by the Contractor when submitting price quotes at the task order level. The fully burdened rates that apply to Year 1 are provided under CLIN 00010.

The Contractor shall also propose other appropriate categories for materials, equipment, and any other costs that are applicable to accomplish the work described in Section 2.

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

Labor Category Fully Burdened Hourly Rate

Project Manager $________

* The Government has provided the Project Manager as a required labor category under this IDIQ. The Contractor shall propose other appropriate categories.

The level of effort required will be identified at the task order level. The Contractor shall provide fully burdened fixed hourly labor rates which include wages, overhead, general and administrative expenses, and profit. These rates shall be used by the Contractor when submitting price quotes at the task order level. The fully burdened rates that apply to Year 2 are provided under CLIN 00020.

The Contractor shall also propose other appropriate categories for materials, equipment, and any other costs that are applicable to accomplish the work described in Section 2.

CLIN 00030 – Contract Year 3 (Months 25 through 36)

Labor Category Fully Burdened Hourly Rate

Project Manager $________

* The Government has provided the Project Manager as a required labor category under this IDIQ. The Contractor shall propose other appropriate categories.

The level of effort required will be identified at the task order level. The Contractor shall provide fully burdened fixed hourly labor rates which include wages, overhead, general and administrative expenses, and profit. These rates shall be used by the Contractor when submitting price quotes at the task order level. The fully burdened rates that apply to Year 3 are provided under CLIN 00030.

The Contractor shall also propose other appropriate categories for materials, equipment, and any other costs that are applicable to accomplish the work described in Section 2.

CLIN 00040 – Contract Year 4 (Months 37 through 48)

Labor Category Fully Burdened Hourly Rate

Project Manager $________

* The Government has provided the Project Manager as a required labor category under this IDIQ. The Contractor shall propose other appropriate categories.

Request for Quotation (RFQ) No. 140M0123Q0025 Page 4 of 67

The level of effort required will be identified at the task order level. The Contractor shall provide fully burdened fixed hourly labor rates which include wages, overhead, general and administrative expenses, and profit. These rates shall be used by the Contractor when submitting price quotes at the task order level. The fully burdened rates that apply to Year 4 are provided under CLIN 00040.

The Contractor shall also propose other appropriate categories for materials, equipment, and any other costs that are applicable to accomplish the work described in Section 2.

CLIN 00050 – Contract Year 5 (Months 49 through 60)

Labor Category Fully Burdened Hourly Rate

Project Manager $________

* The Government has provided the Project Manager as a required labor category under this IDIQ. The Contractor shall propose other appropriate categories.

The level of effort required will be identified at the task order level. The Contractor shall provide fully burdened fixed hourly labor rates which include wages, overhead, general and administrative expenses, and profit. These rates shall be used by the Contractor when submitting price quotes at the task order level. The fully burdened rates that apply to Year 5 are provided under CLIN 00050.

The Contractor shall also propose other appropriate categories for materials, equipment, and any other costs that are applicable to accomplish the work described in Section 2.

1.3 SAMPLE TASK ORDER PRICING

Below is pricing for the Sample Task Order (Attachment 4).

CLIN SUPPLIES/SERVICES TOTAL PRICE

00010 Services $____________

Labor Hour (LH), Not-To-Exceed (NTE)

00020 Travel $____________

Total Sample Task Order Price: $____________

The Sample Task Order will be issued on a Time & Materials (T&M) basis. The price above represents the total price of the Sample Task Order. For CLIN 00010, the Contractor shall provide all services including managerial, administrative, and professional personnel to accomplish the project as described in accordance with the Sample Task Order Statement of Work. For CLIN 00020, the Contractor shall include all travel necessary to accomplish the project as described in accordance with Section 2, Statement of Work.

Request for Quotation (RFQ) No. 140M0123Q0025 Page 5 of 67

1.4 MINIMUM AND MAXIMUM AMOUNTS – IDIQ CONTRACT LEVEL

Both the Government and the Contractor agree that the minimum order consideration under this contract is $5,000.00 worth 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 $1,000,000.00

1.5 TRAVEL

Travel requirements, if applicable, will be specified on the TO Level. When travel costs are allowable under a reimbursable line item, travel costs will be reimbursed for actual, allowable, and reasonable travel and travel related costs incurred, exclusive of any fee, in accordance with the Federal Travel Regulation (FTR) policy in effect at the time of travel and in accordance with the FAR 31.205-46. All reimbursable travel shall be approved by the COR prior to travel arrangements being made.

1.6 OTHER DIRECT COSTS

Other direct costs (ODCs) will be identified at the task order level, as necessary. The Contractor shall seek competitive bids for all supplies or services exceeding $10,000.00 and provide the bids to the Government with its quotation to support price reasonability. If competition is not available, the Contractor shall provide both a sole source justification and a pricing justification. For all items/services over $2,500.00 (up to $10,000.00), the Contractor shall provide the commercial price list, quote, or explanation/justification of price and submit it with its quotation to support price reasonability.

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SECTION 2

STATEMENT OF WORK

IDIQ for Support for Tribal Engagement in Reviews

2.1 BACKGROUND/SCOPE

In response to concerns expressed by Tribes regarding limited capacity for participating in BOEM environmental review processes, BOEM is establishing this IDIQ to provide support to Tribes in reviewing and commenting on Construction and Operation Plans (COPs), Draft Environmental Impact Statements (DEISs), Section 106 supporting documents, and leasing documents.

The primary scope of this contract is to provide support services on a project by project basis. The Contractor shall work directly with Tribes, on an individual basis, to understand issues and concerns about the project and task identified in the task order. Tribes will be located at a variety of locations nationwide. The Contractor shall provide products such as summaries of documents and how they do or do not address the Tribes concerns. The Contractor may draft comment letters to be provided to the Tribes for submission to BOEM.

The Contractor shall have familiarity with working with Tribes and understand the government to government relationship between Tribes and the Federal Government. The Contractor shall provide expertise in offshore wind to the Tribes in order to address their concerns. More specifically, the Contractor shall maintain knowledge of regulatory requirements such as the National Environmental Policy Act and the National Historic Preservation Act requirements.

The Contractor shall provide technical writing support to assist with drafting comment letters and/or summaries of documents specific to each task order.

2.2 IDIQ TASK AREAS

2.2.1 Task 1: Support for Review of COP, Draft NEPA Documents

A project will be identified as well as the Tribes that are affected by the project. The Contractor shall interview the identified Tribes to assess their concerns and then review the project COP, draft NEPA documents (such as an EA, EIS, or PEIS) with their concerns in mind. A summary of the documents based on the concerns shall be drafted and provided to the Tribes, individually. A draft letter shall be prepared for each Tribe and the Tribe could submit a formal comments to BOEM.

This task may include review of Endangered Species Act or Essential Fish Habitat Assessment documents, such as review of impacts to fisheries or species of concern and will be defined in the task order.

2.2.2 Task 2: Support for Engagement in Lease Planning

The Contractor will assist Tribes in focused engagement during the lease planning process.

Initially, the focus will be on the Gulf of Maine or the Central Atlantic Wind Energy Area development but could include other areas in the future yet to be identified. Other areas

Request for Quotation (RFQ) No. 140M0123Q0025 Page 7 of 67 contemplated can be nationwide including, but not limited to, Native Hawaiians and Pacific Territory Indigenous communities. Techniques for engagement would include participatory GIS where a map is shared and discussions would occur around important geographic areas. The information would be used to inform the decision of the location of wind energy areas.

Participation may include providing input during the call for nominations or review of the proposed sale notice.

2.2.3 Task 3: Support for Engagement in Review of Programmatic Agreements Under

Section 106

The Contractor shall assist Tribes in the review and comments on the draft(s), amendment(s), and final programmatic agreements developed pursuant to Section 106 of the National Historic Preservation Act (Section 106). The Contractor shall focus on the purpose of the programmatic agreement and reach out to the Tribes engaged with the consultation process to identify their concerns. The document would be reviewed with their concerns in mind by seeking the Tribes’ comments on the draft(s) and final documents. The contractor would prepare comments on the document specific to each Tribes concerns for submission to BOEM. The specific project and documents would be identified in the task order.

2.2.4 Task 4: Support for Review of COP, Section 106 Documents

The Contractor shall provide support to assist Tribes in the review and provide comments on the draft(s) and final Finding of Effects, Memorandum of Agreement (MOA), and Section 106 related reports and documents associated with COP-specific Section 106 consultations. The Contractor shall focus on a specific project and reach out to the Tribes engaged with the project to identify their concerns. The documents would be reviewed with the concerns in mind by seeking their comments on the draft(s) and final documents. The contractor would prepare comments on the document specific to each Tribes concerns for submission by each Tribe to BOEM. The specific project and documents would be identified in the task order.

2.3 MEETINGS, REPORTS AND OTHER DELIVERABLES

Deliverables are typically in the form summary reports of the engagement with Tribes, draft comment letters, draft summaries of Tribal concerns, overall project summary of activities conducted, or as specified in a task order. The Contractor should be respectful of Tribal concerns about privacy and sharing of information.

The Contractor shall deliver the products to the Contracting Officer's Representative (COR), or to an individual designated by the COR by the specified dates provided below. If no format is given, the Contractor shall propose a format to be used, at the time of assignment, to be approved by the COR. The contract number shall be used on all reports and correspondence presented in the performance of the contract.

Each task order will specify the deliverables and timetable.

Request for Quotation (RFQ) No. 140M0123Q0025 Page 8 of 67

2.3.1 KICKOFF MEETING

The Contractor shall attend a Kick-Off Meeting with the COR not later than five (5) business days after the date of award. The purpose of the Kick-Off Meeting is to discuss technical and contracting objectives of the statement of work and review the Contractor’s project plan. The Kick-Off Meeting will be held virtually. This requirement shall be waived if the Project Manager from Task Order 1 is utilized to fulfill this requirement.

2.3.2 MONTHLY STATUS REPORT

The Contractor shall provide a monthly status report to the COR and Contracting Officer via electronic mail by the 10th of every month. This report shall include a summary of all Contractor work performed under this. Contract inclusive of all Task Orders. Before submitting the monthly invoice, the Contractor shall submit this report to the COR. The COR shall review and confirm this report. A monthly invoice shall not be submitted until the COR and Contractor agree upon the hours worked.

2.3.3 MONTHLY PERFORMANCE, PROGRESS, AND FINANCIAL REPORTS

The Contractor shall submit Monthly Performance, Progress, and Financial Report(s) every thirty

(30) days and by the 10th of every month. The report(s) shall indicate the labor hours incurred by each labor category, along with a description of the work performed during that period, any setbacks encountered, and how they were handled. In addition, the report(s) shall provide details on the expenditures for that period, by labor, travel, and cumulative expenditures to date.

Contractor format is acceptable and electronic submission is encouraged. Following the submission of the report(s), in-progress reviews (IPRs) will be conducted monthly.

2.3.4 MEETING MINUTES AND PRESENTATION MATERIAL

The Contractor shall provide all meeting minutes and presentation materials annotated with notes, agendas, and action items. Contractor format is acceptable. The Contractor shall provide the meeting minutes and presentation material within two (2) business days after each meeting.

Contractor format is acceptable and electronic submission is encouraged.

2.4 SCHEDULE AND DISTRIBUTION OF DELIVERABLES

Deliverable Format Distribution Required Delivery Date Kickoff Meeting Via Microsoft

Teams COR, SME, and CO No later than five (5) business days after award Monthly Status Report Via Email /

Microsoft Word or Adobe PDF

COR and SME By the 10th of every month

Monthly Performance Progress and Financial

Report

Via Email / Microsoft Word or Adobe PDF

COR and SME Every thirty (30) days and by the 10th of every month

Request for Quotation (RFQ) No. 140M0123Q0025 Page 9 of 67

Deliverable Format Distribution Required Delivery Date Meeting Minutes and Presentation Material

Via Email / Contractor

Format

COR and SME Within two (2) business days after the meeting

Task Order Deliverables

Via Email COR and SME Per Task Order Schedule

2.5 ADDRESSES FOR DELIVERABLES

Contracting Officer's Representative [COR]

[TO BE PROVIDED AT TIME OF AWARD]

Contracting Officer [CO] Stephanie Brock Phone: 703-787-1151 Email: stephanie.brock@bsee.gov mailto:stephanie.brock@bsee.gov

Request for Quotation (RFQ) No. 140M0123Q0025 Page 10 of 67

SECTION 3

TERMS AND CONDITIONS

3.1 TERM OF THE CONTRACT

The five (5) year IDIQ contract ordering period is as follows:

Contract Year 1 (Months 1 through 12): XX/XX/2023 through XX/XX/2024 Contract Year 2 (Months 13 through 24): XX/XX/2024 through XX/XX/2025 Contract Year 3 (Months 25 through 36): XX/XX/2025 through XX/XX/2026 Contract Year 4 (Months 37 through 48): XX/XX/2026 through XX/XX/2027 Contract Year 5 (Months 49 through 60): XX/XX/2027 through XX/XX/2028

The specific IDIQ period of performance will be determined at time of award. The period of performance is anticipated to begin in June 2023. The period of performance for individual task orders may extend beyond the IDIQ contract ordering period. However, no new task orders may be issued once the IDIQ contract order period has expired. The period of performance for any single task order shall not exceed five (5) years in duration.

3.2 PLACE OF PERFORMANCE/ DELIVERY ADDRESS

The primary place of performance will be detailed at the task order level. Performance is anticipated to be with various Tribes nationwide.

3.3 AUTHORIZED USERS ORDERING PROCEDURES

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

3.4 TYPE OF ORDERS

Time and Materials (T&M) type task orders are anticipated under this IDIQ. However, the government reserves the right to issue labor hour (LH) type task orders.

3.5 ORDERING PROCEDURES

3.5.1 The Government estimates, but does not guarantee, that the total amount of task orders issued under the contract will be not to exceed approximately $1,000,000.00 for five (5) years.

Individual task orders shall clearly describe all services to be performed or supplies to be delivered so the full cost or price for the performance of the work can be established when the task order is placed. Task orders shall be within the scope, issued within the period of performance, and be within the maximum value of the contract.

3.5.2 All task orders will be issued in writing signed by an authorized Contracting Officer.

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3.5.3 The Government will not reimburse the Contractor for the costs of preparing quotations for task orders.

3.5.4 The Contracting Officer will request written technical and price quotations from the contract holder in accordance with FAR 16.505.

3.5.5 The Request for Quotation for each task order will specify the pertinent requirements and quotation instructions, such as the following:

• Deadline for submission of the quotation.

• Statement of Work (Background, Objectives, and Specific Tasking)

• Specifications for Deliverables

• Location of Performance

• Period of Performance

• Government Furnished Items, if available

• Detailed instructions for the quotation

• Evaluation Factors for task order award

3.5.6 The Contractor shall provide a written quotation based upon the established fixed rates incorporated in the IDIQ under Section 1.2, reduced by any additional discounts offered, no later than the deadline specified in the Task Order Request for Quotation.

3.5.7 The Government will evaluate the task order quotation based upon the Evaluation Factors specified in the Request for Quotations and issue a task order if determined to be in the best interest of the Government.

3.6 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.

3.7 CONTRACT ADMINISTRATION/GOVERNMENT POINT OF CONTACTS

3.7.1 Contracting Officer (CO)

Stephanie Brock Phone: 703-787-1151 Email: stephanie.brock@bsee.gov

3.7.2 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 mailto:stephanie.brock@bsee.gov

Request for Quotation (RFQ) No. 140M0123Q0025 Page 12 of 67 performance during the period of performance of this contract. The COR appointed at IDIQ contract level is: To be completed at time of award

3.8 PAYMENTS

3.8.1 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 at the task or delivery order level, the following documents are required to be submitted as an attachment to the IPP invoice:

To be specified at the task order 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 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 quotation or quotation.

3.8.2 INVOICE FREQUENCY AND PAYMENTS

Invoices shall be submitted as specified at the task order level and in accordance with Section 3.8.1.

3.9 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 https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

Request for Quotation (RFQ) No. 140M0123Q0025 Page 13 of 67 furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence.

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

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

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

COR.

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

3.10 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (JUL

2010) (DOI-AAAP-0050)

(a) 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.

(b) 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.

Request for Quotation (RFQ) No. 140M0123Q0025 Page 14 of 67

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.

(c) We request that you furnish the Contracting Officer 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. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) 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 http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation, and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 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.” Your response is due within 30 calendar days after receipt of the

CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) 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 Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other http://www.cpars.csd.disa.mil/ http://www.cpars.csd.disa.mil/

Request for Quotation (RFQ) No. 140M0123Q0025 Page 15 of 67 similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer 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 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

3.11 NON-PERSONAL SERVICES

This contract is for non-personal services as defined in FAR 37.101 under which the personnel rendering the services are not subject, either by the contract/order’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

Personnel assigned to render services under this contract shall at all times be employees of the Contractor (or a subcontractor) and under the direction and control of the Contractor.

Notwithstanding any other provisions of this order, the contractor shall at all times be responsible for the supervision of its employees in the performance of the services required hereunder.

The Contractor and/or the Contractor’s employees: (1) shall perform the services specified herein as an independent contractor, not as employees of the government; (2) shall be responsible for management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the CO, or the duly authorized representative of the CO, as is necessary to ensure accomplishment of the contract objectives.

If the Contractor finds clarification necessary with respect to the scope of services to be performed or the manner in which the services are to be performed hereunder, the Contractor shall request clarification from the CO in writing.

Employees of the Contractor (or a subcontractor) must make clear, in dealings with the public, federal employees, or other contractors, that they are not federal employees. To minimize possible confusion, the Contractor’s (or subcontractor) employees are not permitted to wear clothing or other items, apart from the official identity credential, bearing the name, logo, or seal of the Government agency while performing work under this contract/order.

3.12 QUALIFIED CONTRACTOR PERSONNEL

The Contractor shall provide a Program Manager who shall be responsible for all Contractor work performed under this Contract and project management subject matter experts available to meet the requirements in awarded Task Orders. The Program Manager is further designated as Key by

Request for Quotation (RFQ) No. 140M0123Q0025 Page 16 of 67 the government.

The Program Manager shall be a single point of contact for the Contracting Officer and the Contracting Officer’s Representative (COR) for all subsequent task orders. It is anticipated that the Program Manager shall be one of the senior level employees provided by the Contractor for this work effort. The name of the Program Manager, and the name(s) of any alternate(s) who shall act for the Contractor in the absence of the Project Manager, shall be provided to the Government as part of the Contractor's quotation. During any absence of the Program Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this Contract. The Program Manager and all designated alternates shall be able to read, write, speak and understand English. Additionally, the Contractor shall not replace the Program Manager without prior acknowledgement from the Contracting Officer.

Project management and other subject matter experts shall be available to support awarded task orders by the task order kickoff meeting. The Contractor shall assign a task order lead that has sufficient project management skills to ensure the task order is performed as directed and completed on time. Subject Matter Experts needed to support task orders may include professionals with experience in offshore wind development, environmental reviews, Section 106 of the NHPA, and technical writing skills.

3.13 KEY PERSONNEL

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

Name Position

TO BE COMPLETED AT TIME OF AWARD

Note: Any key personnel specific to task orders may be proposed at the task order level.

3.14 SUBSTITUTION OF KEY PERSONEL

(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:

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(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.

3.15 ORGANIZATIONAL CONFLICT OF INTEREST

(a) It is the policy of the Department of the Interior to avoid contract/task order awards which could create potential conflict of interest. While the Government has not identified an existing conflict of interest, a conflict could arise or develop after task order award. For purposes of this clause, a conflict of interest is defined as when the Contractor or any subcontractors 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 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.

3.16 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

Request for Quotation (RFQ) No. 140M0123Q0025 Page 18 of 67 approval of the CO.

3.17 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.

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3.18 DISPOSITION OF MATERIAL

Upon termination or completion of all work under this contract, the Contractor shall prepare for shipment, deliver Freight on Board (Fob) Destination, or dispose all materials received from the Government and all residual materials produced in connection with the performance of this contract as may be directed by the Contracting Officer, or as specified in other provisions of this contract. All materials produced or required to be delivered under this contract become and remain the property of the Government.

3.19 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. The contractor shall comply with the applicable Revised 508 Standards at the time of contract award in accordance with https://www.section508.gov/manage/laws-and-policies.

The contractor shall comply with the applicable Revised 508 Standards at the time of contract award:

https://www.section508.gov/manage/laws-and-policies.

3.20 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.

3.21 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 https://www.section508.gov/manage/laws-and-policies https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.section508.gov%2Fmanage%2Flaws-and-policies&data=04%7C01%7CRebecca.Kruse%40bsee.gov%7Cb5e81f456e0445595ba708d8a1134279%7C0693b5ba4b184d7b9341f32f400a5494%7C0%7C0%7C637436451378957549%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ftygWjHqBgopu1gDbO5Vw0XteHPNSw%2BdXA1lWj0lHSM%3D&reserved=0

Request for Quotation (RFQ) No. 140M0123Q0025 Page 20 of 67 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.

3.22 FEDERAL ACQUISITION REGULATION CLAUSES

3.22.1 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 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 and Requirement to Jun 2020 Inform Employees of Whistleblower Rights 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.212-4 Contract Terms and Conditions - Commercial Products and Dec 2022 Commercial Services 52.223-6 Drug-Free Workplace May 2001

3.22.2 FAR CLAUSES INCORPORATED BY FULL TEXT

3.22.2.1 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any 48 CFR clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

3.22.2.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDER- COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR)…

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