B08_-_RFQ_140M0124Q0031_1.pdf

Solicitation Number:

140M0124Q0031 Notice Type:

Combined Synopsis/Solicitation Office Address:

Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE) Acquisition Financial Assistance Branch, HQ, 45600 Woodland Road, VAE-AMD, Sterling, VA 20166 Subject: Petrophysical Analysis Response Date: 11:00 a.m. ET on May 24 2024

Synopsis:

PLEASE READ CAREFULLY: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This acquisition is being conducted under the authority of FAR Part 13.5, “Test Program for Certain Commercial Items” and therefore the Government will utilize simplified procedures for soliciting competition, evaluation, an award documentation and notifications that comply with FAR Parts 12, 13, and 16.5.

This is a small business set-aside. The solicitation number is 140M0124Q0031 and the solicitation is issued as a Request for Quote (RFQ).

The United States Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE), on behalf of the Bureau of Ocean Energy Management (BOEM), is seeking contractor support to provide analysis of geological and geophysical data to provide estimates of subsurface resource volumes in the Outer Continental Shelf (OCS). Data and interpretation from well logs form the basis for all the work we do in RE to support the BOEM Mission. These data are required for developing our National-level assessment of OCS CO2 storage capacity, as well as to inform the National Program through Fair Market Value analysis and estimating undiscovered resources for our National Assessment. The goal of this study is to have well logs prepared and petrophysical log analysis conducted for wells in relevant to these missions.

The Government anticipates awarding a single-award Indefinite Delivery Indefinite Quantity (IDIQ) type contract because of this solicitation. Multiple task orders (TO) may be issued under this IDIQ contract as Firm-Fixed-Price (FFP). The Government anticipates awarding the Sample Task Order included in the solicitation as the first task order. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2024-04. It is the Offeror’s responsibility to be familiar with the applicable clauses and provisions. The North American Industrial Classification Systems (NAICS) code is 541620 Environmental Consulting Services, with small business size representation of $19 Million.

The complete solicitation package is included as an attachment to this Notice. If Offerors have trouble accessing the attachments, a request should be submitted to the Contracting Officer via email at Darren.Ho@bsee.gov, and a copy of the RFQ will be provided electronically.

SECTION 1

PRICING

1.1 GENERAL

The Contractor shall provide all labor, materials, equipment, services, logistical support, and supplies necessary to perform “Petrophysical Analysis of Well Logs,” 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 16.5 and FAR Part 12. However, the Government reserves the right to not award a contract. The Government anticipates the Sample Task Order (Attachment 3) will be the first task order issued.

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 3, Terms and Conditions. The ordering period shall not exceed five (5) years from date of award.

1.2 CONTRACT PRICING

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

The labor rates in Section 1.2.1 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.

1.2.1 CONTRACT LINE ITEM NUMBERS (CLIN) PRICING STRUCTURE

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

CLIN Description Market Price 00010 Petrophysical 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 Orders to have the following done:

Log preparation should include environmental corrections, normalization, filtering, merging, splicing, depth shifting, core integration, and any other adjustments needed to prepare the log for interpretation. Petrophysical analysis should include, at minimum, evaluating the log to quantify the following properties: lithology/facies, porosity, shale volume, net pay, fluid type & saturation, temperature analysis, etc.

CLIN 00020 – Year 2 (Months 13 through 24)

00020 Petrophysical 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 Orders to have the following done:

Log preparation should include environmental corrections, normalization, filtering, merging, splicing, depth shifting, core integration, and any other adjustments needed to prepare the log for interpretation. Petrophysical analysis should include, at minimum, evaluating the log to quantify the following properties: lithology/facies, porosity, shale volume, net pay, fluid type &

CLIN 00030 – Year 3 (Months 25 through 36)

00030 Petrophysical 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 Orders to have the following done:

Log preparation should include environmental corrections, normalization, filtering, merging, splicing, depth shifting, core integration, and any other adjustments needed to prepare the log for interpretation. Petrophysical analysis should include, at minimum, evaluating the log to quantify the following properties: lithology/facies, porosity, shale volume, net pay, fluid type &

CLIN 00040 – Year 4 (Months 37 through 48)

00040 Petrophysical 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 Orders to have the following done:

Log preparation should include environmental corrections, normalization, filtering, merging, splicing, depth shifting, core integration, and any other adjustments needed to prepare the log for interpretation. Petrophysical analysis should include, at minimum, evaluating the log to quantify the following properties: lithology/facies, porosity, shale volume, net pay, fluid type &

CLIN 00050 – Year 5 (Months 49 through 60)

00050 Petrophysical 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 Orders to have the following done:

Log preparation should include environmental corrections, normalization, filtering, merging, splicing, depth shifting, core integration, and any other adjustments needed to prepare the log for interpretation. Petrophysical analysis should include, at minimum, evaluating the log to quantify the following properties: lithology/facies, porosity, shale volume, net pay, fluid type &

1.3 SAMPLE TASK ORDER PRICING

CLIN Description Unit of Issue

Total Price

Sample

TO

Log Preparation and Petrophysical Analysis for Selected Wells

JOB $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 Sample Task Order will be issued on a Firm Fixed Price basis. The price above represents the total price of the Sample Task Order.

1.3.1 Partial Delivery Payment Schedule for the Sample Task Order

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) / Milestone (s) Payment Amount 1 [To be proposed by Quoter] $TBD*

2 $TBD*

3 $TBD*

TOTAL CONTRACT VALUE $TBD*

* = 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.

1.4 MINIMUM AND MAXIMUM AMOUNTS - CONTRACT LEVEL

Both the Government and the Contractor agree that the minimum order consideration under this contract is $25,000.00 worth of TOs, 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 $600,000.00.

SECTION 2

DESCRIPTION/ STATEMENT OF WORK

PETROYPHYSICAL ANALYSIS IN THE OCS

2.1 BACKGROUND/OBJECTIVES

The Bureau of Ocean Energy Management (BOEM) Office of Resource Evaluation (RE) conducts analysis of geological and geophysical data to provide estimates of subsurface resource volumes in the Outer Continental Shelf (OCS). Data and interpretation from well logs form the basis for all the work we do in RE to support the BOEM Mission. These data are required for developing our National-level assessment of OCS CO2 storage capacity, as well as to inform the National Program through Fair Market Value analysis and estimating undiscovered resources for our National Assessment. The goal of this study is to have well logs prepared and petrophysical log analysis conducted for wells in relevant to these missions.

2.2 SCOPE OF WORK

BOEM RE requires log preparation & petrophysical analysis to be conducted for digital and scanned well logs.

The Contractor shall provide the following task:

2.5.1 Task 1: Log Preparation and Petrophysical Analysis

Log preparation should include, at minimum, environmental corrections, normalization, filtering, merging, splicing, depth shifting, core integration, and any other adjustments needed to prepare the log for interpretation.

Petrophysical analysis should include, at minimum, evaluating the log to quantify the following properties: lithology/facies, porosity, shale volume, net pay, fluid type & saturation, temperature analysis, etc.

For each well, utilizing all the provided well data, identify, and quantify:

- Hydrocarbon saturated reservoir zones for potential oil and gas resource estimates

- Water saturated reservoir zones for potential carbon storage resource estimates

- Potential indicators of Hydrogen saturated reservoir zones

- For each identified zone of interest estimate pore pressure, fracture gradient, and formation temperature

2.6 MEETINGS, REPORTS AND OTHER DELIVERABLES

Each task order issued by the Government under the IDIQ contract shall specify deliverables, quantities, delivery location, and delivery schedules. The Contractor shall clearly mark all documents and correspondence with the task order and IDIQ contract number on the first page.

All correspondence, including email, pertaining to this Contract shall include the task order and contract number on the subject line. The following deliverables shall be submitted and meetings held in accordance with the schedule provided at the task order level. The Contractor is responsible for editing and proofreading all material in order to prepare products as error free as possible prior to their delivery to the BOEM. The Contractor shall not release any information provided by BOEM or obtained through this requirement without BOEM’s prior authorization.

2.6.1 Meeting Attendance

The Contractor shall attend meetings as required during performance of the contract as specified in individual Task Orders. BOEM will require regular status meetings during critical reprocessing phases of Task Orders. Technical personnel from BOEM AOCS RE will be involved during all phases of reprocessing to provide technical input based on geological expertise in subject areas. The Task Order meetings may be conducted via teleconference or video conference.

2.6.2 Monthly Status Reports

The Contractor shall prepare and submit status reports each month under individual task orders.

These reports shall be in sufficient detail to describe all work accomplished and results achieved during the month and shall include a brief discussion of the planned actions for the succeeding month. These reports may be submitted via email. This requirement will end upon final acceptance of Task Order deliverables.

2.7 SCHEDULE AND DISTRIBUTION OF DELIVERABLES

Deliverable products shall be submitted to the addresses shown in Section 2.7 in accordance with the delivery schedule provided at the TO level. All deliverable products shall be provided in digital form and in hard copy when specified.

2.8 ADDRESSES FOR DELIVERABLES

Contracting Officer's Representative

[COR]

[TO BE PROVIDED AT AWARD]

U.S. Department of the Interior Bureau of Ocean Energy Management

Contracting Officer [CO] Darren Ho U.S. Department of the Interior Bureau of Safety and Environmental Enforcement Acquisition Financial Assistance Branch 45600 Woodland Road, VAE-AMD Sterling, Virginia 20166-9216 Darren.Ho@bsee.gov

Alaska OCS Regional Office

[TO BE PROVIDED AT AWARD]

U.S. Department of the Interior Bureau of Ocean Energy Management Alaska OCS Regional Office 3801 Centerpoint Drive, Suite 500 Anchorage, AK 99503-5820 Phone: [TO BE PROVIDED AT AWARD] Email: [TO BE PROVIDED AT AWARD]

2.9 QUALITY ASSURANCE

The COR or designated inspector, will review for completeness the preliminary or draft documentation that the Contractor submits, and may return it to the contractor for correction.

Absence of any comments by the COR will not relieve the Contractor of the responsibility for complying with the requirements of this contract. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by the COR. The contractor shall not construe any letter of acknowledgement of receipt of material as a waiver of review, or as an acknowledgement that the material is in conformance with this contract. Any approval given during preparation of the documentation, or approval for shipment, shall not guarantee the final acceptance of the completed documentation.

SECTION 3

TERMS AND CONDITIONS

3.1 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.

3.2 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.

3.3 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).

3.4 TYPE OF ORDERS

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

3.5 ORDERING PROCEDURES

3.5.1 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.

3.5.2 Task Orders will be awarded using the following streamlined procedures:

The Government will provide a 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.

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

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:

3.7.1 Contracting Officer (CO)

The BSEE Contracting Officer for this IDIQ contract is Darren Ho. Copies of all correspondence shall be provided at the address below:

Darren Ho U.S. Department of the Interior Bureau of Safety and Environmental Enforcement Acquisition Financial Assistance Branch 45600 Woodland Road, VAE-AMD Sterling, Virginia 20166-9216 Darren.Ho@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 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, the following documents are required to be submitted as an attachment to the IPP invoice:

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.

3.8.2 INVOICE FREQUENCY AND PAYMENTS

Invoices shall be submitted as specified at the TO 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 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 (DEC

2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation.

One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2) The past performance evaluation process is a totally paperless process using CPARS.

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

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

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

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

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

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

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

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

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

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

3.11 PERSONNEL REQUIREMENTS

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

3.12 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 Orders shall be proposed at the Order level.

3.13 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:

(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.

3.14 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.

3.15 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.

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 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.

3.18 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 ______________.”

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.

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 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 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 52.223-6 Drug-Free Workplace May 2001

3.22.2 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).

(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:

[Contracting Officer check as appropriate.]

__(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].

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

__(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) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__(10) 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_(11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) ( Pub. L. 115–390, title II).

__(ii) Alternate I (Dec 2023) of 52.204–30.

_X_(12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

_X_(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) ( 41 U.S.C. 2313).

__(14) [Reserved].

__(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C.

657a).

__(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__(17) [Reserved] __(18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__(ii) Alternate I (Mar 2020) of 52.219-6.

__(19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__(ii) Alternate I (Mar 2020) of 52.219-7.

_X_(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).

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

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

__(iv) Alternate III (Jun 2020) of 52.219-9.

__(v) Alternate IV (Sep 2023) of 52.219-9.

__(22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__(ii) Alternate I (Mar 2020) of 52.219-13.

_X_(23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

637(d)(4)(F)(i)).

__(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).

__(26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) ( 15 U.S.C. 632(a)(2)).

__(ii) Alternate I (Mar 2020) of 52.219-28.

__(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

_X_(33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_(34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_(35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__(ii) Alternate I (Jul 2014) of 52.222-35.

_X_(36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C.

793).

__(ii) Alternate I (Jul 2014) of 52.222-36.

_X_(37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_X_(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_(39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

__(ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__(40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__(41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__(ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__(44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__(ii) Alternate I (Oct 2015) of 52.223-13.

__(45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__(ii) Alternate I (Jun2014) of 52.223-14.

__(46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C.

8259b).

__(47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__(ii) Alternate I (Jun 2014) of 52.223-16.

_X(48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__(49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__(50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__(51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__(ii) Alternate I (Jan 2017) of 52.224-3.

__(52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__(ii) Alternate I (Oct 2022) of 52.225-1.

__(53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__(ii) Alternate I [Reserved].

__(iii) Alternate II (Dec 2022) of 52.225-3.

__(iv) Alternate III (Feb 2024) of 52.225-3.

__(v) Alternate IV (Oct 2022) of 52.225-3.

_X_(54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_(55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__(56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C.

5150).

__(58) 52.226-5, Restrictions on…