B08-Solicitation 140E0121Q0038.pdf

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SYNOPSIS:

PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE

THAT WILL BE ISSUED. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

The U.S. Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE) has a requirement for a study titled “Renewable Energy Remote Inspections”. The primary purpose of this study is to evaluate options for conducting remote inspections on offshore wind turbines, above and below the water line. The estimated period of performance for this requirement is twelve (12) months from date of award.

The purpose of this combined synopsis/solicitation is to solicit quotes as described in the attached solicitation. The Government anticipates a Labor Hour type award as a result of this solicitation.

This procurement is being conducted in accordance with FAR Part 13, "Simplified Acquisition Procedures". The North American Industrial Classification Systems (NAICS) code is 541620, Environmental Consulting Services, with a small business size standard of $16.5 million. This solicitation is being issued on an unrestricted basis.

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

The point of contact for this procurement is Stephanie Brock, Contracting Officer, BSEE, Acquisition Operations Branch, 45600 Woodland Rd., Sterling, VA 20166. Responses to this solicitation must be submitted electronically via email to Stephanie.Brock@bsee.gov no later than the closing date and time referenced in the solicitation. All email correspondence must reference “Solicitation No. 140E0121Q0038”.

mailto:Stephanie.Brock@bsee.gov

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SECTION 1

PRICING

1.1 GENERAL INFORMATION

This acquisition is being conducted in accordance with FAR Part 13 – Simplified Acquisition Procedures for Certain Commercial Items and FAR Part 12 – Commercial Items. This acquisition uses the combined synopsis and solicitation procedures of FAR Subpart 12.6. Under this Request for Quote (RFQ), the United States Department of the Interior (DOI), Bureau of Safety and Environmental Enforcement (BSEE) anticipates awarding a Labor Hour (LH) Purchase Order as detailed in the Statement of Work (SOW). The North American Industry Classification System (NAICS) code for this acquisition is 541620, Environmental Consulting Services.

1.2 CONTRACT LINE ITEM/PRICING

The specific details and description of the Contract Line Item Numbers (CLINs) is described as follows (Offeror shall fill in and provide information as part of their price quote):

CLIN Description Labor Hour

Not-to- Exceed Total

00010 SERVICES:

Renewable Energy Remote Inspections

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

CLIN 0010 is a Labor Hour CLIN. The ceiling amounts identified for the CLIN below, if exceeded, will be at the Contractor’s own risk.

1.3 AUTHORIZED BILLING RATES

The following table contains the authorized rates that may be billed under the contract for CLIN 00010. All unit prices are fully-loaded (i.e., inclusive of all direct costs, indirect costs, and profit/fee).

GSA Labor Category or Supply

Category* Unit of

Measure Base Period Unit Prices

Senior Project Manager Hour $TBD* Senior Consultant Hour $TBD* Junior Consultant Hour $TBD* Subject Matter Expert Hour $TBD*

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

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SECTION 2

STATEMENT OF WORK

2.1 GENERAL INFORMATION

The Bureau of Safety and Environmental Enforcement (BSEE), an organization of the U.S.

Department of the Interior (DOI), is responsible for promoting safety, protection of the environment, and conservation of resources offshore through vigorous regulatory oversight and enforcement of offshore facilities engaged energy exploration, development and production operations on the Outer Continental Shelf (OCS). DOI has the responsibility to ensure the safe and responsible development of offshore renewable energy resources. BSEE will exercise the same authority, granted to it by the Secretary of the Interior, to ensure safe and environmentally sound operations of offshore renewable energy facilities, as it has for the offshore oil and gas industry.

Today’s offshore wind turbines are developed with real-time remote monitoring technologies that aid turbine operators in preventative maintenance, optimization, and diagnostics. Remote inspection technologies such as: Unmanned Aerial Vehicles (UAVs), Remotely Operated Underwater Vehicles (ROVs), and Robotic Crawlers are in development and or have been successfully implemented in parallel industries such as offshore oil and gas to satisfy the inspection and maintenance requirements for various assets.

This study will evaluate the available options and economic benefits of conducting remote inspections, monitoring, maintenance, testing, and repair of offshore wind turbines (above and below the water line) as outlined in Section 2.0.

2.2 OBJECTIVE

The purpose of this study is to evaluate the available options for conducting remote inspections on offshore wind turbines (above and below the water line) by:

• Identifying commercially available technologies can be used for remote inspections, maintenance, testing, and repair.

• Determining the types of inspections, testing, maintenance, and repairs that can be conducted remotely

• Developing a list of the critical components that can be inspected, tested maintained and/or repaired through remote capabilities

• Identify current and future remote capabilities

• Identify best practices for documenting the results of the remote inspections, maintenance, testing, and repair.

It will also investigate the potential economic benefits of using remote inspection, maintenance, testing, and repair technology for offshore wind farms. The project will include assessments of items shown below and the risks associated with each:

• Remote inspection technologies,

• Remote inspection strategies, 140E0121Q0038 - Page 5 of 40

• Remote system testing capabilities,

• Remote component testing capabilities

• Remote maintenance technologies,

• Remote maintenance strategies,

• Remote repair capabilities

This study will provide information on the objectives listed above, identify gaps in the regulatory framework, and assist in the development of a risk-based inspection (RBI) framework for offshore wind farms. The study will build on existing knowledge from other industries including nuclear, oil & gas, chemical and aerospace. The study will provide a basic understanding of role of remote real-time monitoring and other safety enhancing technologies for remote inspection, maintenance, testing and repair programs. The study should also involve research of international policies, risks, technologies and practices that enhance safety and environmental protection.

2.3 SCOPE OF WORK

The contractor shall conduct a study to assess the current capabilities of remote inspection, maintenance, testing and repair methods (e.g., cameras, thermographic, vibration, sensing, audible, remote operating vehicles, autonomous vehicles, supervisory control and data acquisition (SCADA) and real time monitoring etc.) for above and below water line.

This study shall address the following:

• Identify the remote inspection, maintenance, testing and repair technologies and strategies for implementation.

• Identify critical components that could be inspected, maintained, tested, or repaired via remote methods.

• Document how the remote inspection, maintenance, testing, and repair methods ensure fitness for service.

• Identify the risks associated with the remote methods

• Identify the benefits of each method.

• Identify commercially viable technologies, technologies under current development that will be available to the market within 3-5 years.

• Identify best practices for documenting the results of the remote inspections, maintenance, testing, and repair.

In addition to the specific tasks outlined below, the Contractor shall adhere to and operate under the Project Management Plan (PMP) detailed in its proposal and as agreed to at the time of award.

The PMP for this project shall include a Project Manager (PM) with sufficient authority to serve as the Contract Administrator, who will serve as the point of contact with the Government and provide leadership to the project team. The PM will be ultimately responsible for all deliverables, budget control, quality assurance for all products, compliance and adherence with the schedule of the project, and ensuring that all personnel work synergistically and cooperatively for the purpose of this project.

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2.4 TASKS

2.4.1 Research, determine, document and present the different remote monitoring methods

(e.g. visual, thermographic, vibration, audible)

• Description of use;

• Type of equipment it applies to;

• Examples of identifiable fault for equipment.

• List the advantages and disadvantages of each.

• Description of how broad the adoption of these technologies are across the current offshore wind turbine industry (i.e. the extent of its application).

2.4.2 Research, document and present the different types of commercially available

Remote Inspection Technologies (RITs) (e.g., Unmanned Aerial Vehicles (UAVs), Remotely Operated Underwater Vehicles (ROVs), and Robotic Crawlers)

• Research, document and present where commercially available RITs are currently used to conduct inspections, maintenance, testing and repair above and below water line.

• Research, determine, document, and present the additional types of equipment that remote inspections could be used on with current commercially available technology.

• Provide the benefits and risks as compared to traditional inspections.

• Research, determine, and present were RITs would be insufficient to conduct inspections.

• Research, determine, document and present potential problems for remote inspections of wind turbines and electrical service platforms (above and below water line).

2.4.3 Research, identify, document and present a list of critical components an offshore wind turbine and electrical service platform can inspect, test, calibrate and/or repair remotely using commercially available technology

2.4.4 Research, determine, document, and present international offshore wind developer remote inspection programs

• Document what programs are remote, and what are manned and why.

• Document lessons learned (successes and failures) of remote inspections.

• Describe how remote inspections can support and/or enhance compliance with provisions set forth in the OCS Lands act and inspection regulation as outlined in 30CFR585.

2.4.5 Research, determine, document, and present optimal remote inspection intervals in conjunction with manned inspections

• Develop risk based remote Inspection and/or audit protocols that can tied into remote monitoring systems and used to determine the condition (operational health) of the wind farm.

2.4.6 Research, determine, document and present which current U.S. and international

140E0121Q0038 - Page 7 of 40 industry standards, practices, guidelines, can be met by employing remote inspection technologies above and below the water line

2.4.7 Research, determine, document and present how remote systems could perform maintenance, testing, repairs and component replacements. This could be limited to replacing small parts, cleaning, lubrication etc.

2.4.8 Research, document and present the different types of Remote Inspection

Technologies under development and present what duties they are planned to conduct (inspections, testing, maintenance, repair, etc.), both above and below water line

• Research, determine, document, and present the additional types of equipment that remote inspections, testing, maintenance and repair are planned with future technology.

• Provide the benefits and risks as compared to traditional inspections, testing, maintenance and repair.

• Research, determine, and present were RITs would be insufficient to conduct inspections.

• Research, determine, document and present potential problems for remote inspections, testing, maintenance and repair of wind turbines and electrical service platforms (above and below water line).

2.4.9 Research best practices for documenting the results of the remote inspections, maintenance, testing, and repair

• Research best practices for summarizing the results which can be easily integrated into the operator’s annual Self-Inspection Report.

2.5 MEETINGS, REPORTS, AND DELIVERABLES

All references to days, weeks, months, etc. are calendar unless specified otherwise.

2.5.1 Post Award Conference/Kickoff Meeting

After contract award, BSEE will host a Post Award Conference/Kickoff Meeting between the Contractor and the BSEE Office of Offshore Regulatory Programs (OORP) and BSEE Office of the Director. The purpose of the conference is to assist both Government and the Contractor's personnel to achieve a clear and mutual understanding of all task requirements and to identify and resolve potential problems. It is not a substitute for the Contractor’s full understanding of the work requirements nor is it to be used to alter the Project. No changes to the terms or conditions, deliverables, or schedule of the contract are authorized unless approved by the Contracting Officer

(CO).

The Post Award Conference/Kickoff Meeting may take place in Sterling, VA and/or by teleconference, or a mutually agreed upon location. The contractor shall have no more than two

(2) members of their staff present at an in-person meeting with others attending via teleconference.

The time, date, and format for the meeting shall be by mutual consent between the Contractor and

140E0121Q0038 - Page 8 of 40 the Contracting Officer’s Representative, but not later than the deadline specified under paragraph

2.6. The meeting is to be lead jointly by the COR and the contractor’s Project Manager (PM) or Principle Investigator (PI). At the Post-Award Conference, the Contractor shall present its Project Execution Plan, including timelines and milestones

At least seven (7) days prior to the conference, the contractor shall provide the following:

2.5.1.1 Project Execution Plan

The contractor shall develop a project execution plan showing milestones and detailing a scheduled time frame for completion.

2.5.1.2 Post Award Conference Presentation Slides

The Contractor will provide an advance copy of the post award kickoff meeting presentation slides, if utilized, no later than the deadline specified in the contract.

2.5.1.3 Post Award Conference Agenda

The Contractor will provide a post award kickoff meeting agenda no later than the deadline specified in Section 6 of the SOW. Agenda items for the Kickoff Meeting shall include, but not be limited to, the following:

• Introductions (Contract and Government members on the task both present and not present for the meeting);

• Introduction to the contract environment including Non-Disclosure of non-publicly available data (COR);

• Technical discussion on the goal achievements resulting in both parties understand and agree on the scope and deliverables expected under this project, including a presentation of the Project Execution Plan (PM/PI);

• Outline of possible hurdles to overcome in the execution of this project and conduct of the research (PM/PI);

• Establishing lines of communication (PM|PI/COR);

• Scheduling of Progress/Status Update Meetings (PM|PI/COR); and

• Review of the Schedules of Deliverable (COR).

The Contractor will follow up the conference with minutes of the meeting, including a summary of discussions, items discussed, action to be taken by all parties, agreed upon conclusions, and a finalized project schedule, to be submitted in accordance with paragraph 2.6 of the SOW.

2.5.2 Progress/Status Meetings

The contractor shall schedule and host via teleconference progress/status meetings at a time agreed to by the Contractor and the COR, on a monthly basis or other frequency agreed to by BSEE.

Upon request, a summary of the discussions shall be provided by the Contractor to the COR no later than three (3) days after the meeting. During each status meeting the contractor shall discuss the following:

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• A summary, by task, of all work performed during the preceding month and overall progress made against the schedule;

• A summary of significant technical, schedule, or cost problems encountered during the preceding month, including an assessment of their probable effects on meeting contract terms and conditions;

• A summary of any resolutions agreed to between contractor and BSEE regarding the issues or problems identified;

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

• An updated project schedule.

2.5.3 Monthly Status Reports

The Contractor shall prepare and submit a monthly status reports via email no later than the deadline specified under paragraph 6.0 of the SOW. 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 shall note any significant problems (i.e., unanticipated project completion impediments, recommended remedies and effect on projected completion date and final product) that were encountered and their resolution (if any) as well as recommendations for improving the project or its deliverables.

2.5.4 Periodic Update Meetings

Upon request by BSEE, the Contractor shall schedule and host via teleconference Periodic Update Meetings at a time agreed to by the Contractor and the COR. Upon request, a summary of the discussions shall be provided by the Contractor to the COR no later than three (3) days following the meeting. The Periodic Update Meetings are held for Specific purposes, i.e., Issue resolution, Management update, or other project related topics. Non- “issue resolution” meetings shall be limited to not more frequent than once per contract quarter.

2.5.5 Corrective Action or Mitigation Plan (on “as needed” basis)

The contractor shall submit to the designated COR and a copy to the CO; a corrective action plan to provide sufficient explanation regarding the issues and their propose mitigation plan (as needed) within 3 business days of discovering an issue, for which if it is not mitigated, could negatively impact project cost, performance, and or schedule.

2.5.6 Report/Deliverable Requirements

At a minimum, and as available, each report or deliverable required shall:

2.5.6.1 Contents

The report or deliverable shall include:

• The study’s objective;

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• The description of the tasks applicable to the report or deliverable;

• The description of the contractor’s process, summary of the data and approach to addressing tasks; and

• The results, findings and recommendations

Prior to submission to BSEE, the Contractor shall have a technical editor edit all reports and task deliverable. This requirement applies to both the Draft copy and Final copy.

All report shall be written as a non-proprietary report, releasable by the BSEE to the public either through posting on the BSEE webpage or by other means unless stipulated elsewhere in the contract. The Final Report shall contain all test data, analyses, images.

2.5.6.2 Delivery

The reports shall be provided via email and compact disk or other pre-approved delivery method as specified in this contract or agreed to by both the contractor and BSEE. The final deliverable shall be provided in both electronic and hardcopy formats according to the Schedules of Deliverable specified in this contract.

Unbound photo ready copies and bound (presentation ready) copies shall also have an electronic version supplied in the appropriate formats. Source formats (e.g., .docx, .xlsx) shall be compatible with compatible with MS Office 2010 and distribution or print formats shall be compatible with Adobe (.pdf) format.

2.5.6.3 Compliance with Section 508 of the Rehabilitation Act (29 U.S.C. 794d)

Compliance is mandatory for all final deliverable electronic versions. After the final version of any report, is agreed to by the contractor and BSEE, the contractor shall have seven (7) days to present a compliant version of the report for acceptance, but not later than the deadline provided for the Final Deliverable.

BSEE shall be provided at least fourteen (14) days to review and comment on any draft task deliverable and at least thirty (30) days to review and comment on the Draft Final Report. BSEE will provide written comments or suggested changes within specified period from the receipt of a draft report. The contractor will then have seven (7) days to incorporate the comments and present back to BSEE. Iterative commenting periods may be required. After acceptance as Final, the contractor must adhere to Section 2.5.5.3 Section 508 Compliance above.

2.5.7 Draft Final Report and Final Report

Upon completing all preceding tasks under this contract, the Contractor must also provide BSEE with a Draft Final Report and a Final Report no later than the deadline specified under paragraph

2.6 of the SOW. The Draft Final report shall provide comprehensive overview of the activities performed by the Contractor under this project. After receiving the Draft Final Report, BSEE will have thirty (30) days to review the report for technical content and notify the Contractor of any required changes, corrections, or additions. Written reviewer comments will be provided to the

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Contractor. The contractor will be given two (2) weeks to implement recommended changes, then another one (1) week for BSEE to ensure final comments are implemented after its submitted by the contractor. If the Contractor disagrees with the suggested changes, corrections, or additions, they may submit a letter of explanation to the Contracting Officer’s Representative (COR) and reviewer explaining the rationale for the disagreement.

After questions on the review comments are resolved, the Contractor shall incorporate the suggested changes, corrections, and additions into the final copy of the Final Report as agreed upon and submit it to BSEE. A contract extension will not be given for inclusion of the final comments.

2.5.8 Close-Out Meeting Presentation

After the final report is submitted and accepted, and as specified under paragraph 6 below, the Contractor shall present the project findings, recommendation, and details of tasks accomplished to BSEE officials in a virtual meeting or an in-person meeting to be held in Sterling, VA (or other approved BSEE location stipulated in this contract or by mutual agreement between the contractor and BSEE). The Contractor-appointed Project Manager and one support personnel (at a minimum) shall be present at this meeting.

2.6 SCHEDULE AND DISTRIBUTION OF DELIVERABLES

Deliverable(s) are submitted to the Government for review. The Government will have fourteen

(14) days [minimum ten (10) business days] to review and provide comments. The Contractor will have seven (7) days [minimum 5 business days] to implement comments and submission for the final document (s). All data must be included as a deliverable.

Final Report may be provided via email, web-based drop box, or other approved delivery method.

Typically, BSEE shall be provided up to thirty (30) days to review and comment on final deliverables.

Administrative deliverable products shall be submitted to the addresses shown in paragraph 2.7 in accordance with the following schedule:

Deliverable Distribution Due Date

Post Award Conference Presentation Slides

COR – copy via email CO – copy via email

No later than one (1) week prior to the meeting date.

Project Execution Plan COR – copy via email CO – copy via email

No later than one (1) week prior to the meeting date.

Post Award Conference Agenda COR - copy via email CO - copy via email

No later than one (1) week prior to the meeting date.

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Post Award Conference / Kick-Off Meeting

COR - copy via email CO - copy via email

No later than one (1) month after contract award date.

Post Award Conference Minutes COR - copy via email CO - copy via email

No later than seven (7) calendar days after meeting date.

Monthly Status Reports COR - copy via email CO - copy via email

Monthly Status Reports shall be submitted via email by the 7th of each month (reporting on the previous month’s progress).

Progress/Status Meetings COR – copy via email CO – copy via email

Progress/Status Meetings to be held on a monthly basis or other frequency as agreed to by BSEE.

Periodic Update Meetings COR - copy via email CO - copy via email

Periodic Update Meetings shall be held at a time agreed to by the Contractor and BSEE for a specific purpose.

Periodic Update Meeting Summary of Discussion

COR – copy via email CO – copy via email

Summary of Discussion shall be provided no later than three (3) days following the Periodic Update Meeting.

Draft Final Report COR - copy via email CO - copy via email

Draft Final Report to be submitted no later than eleven (11) months after contract award date.

Final Report

COR - electronic copy or CD-

ROM

CO –electronic copy or CD-

ROM

Final Report, incorporating comments, due no later than twelve

(12) months after contract award date.

Closeout Presentation COR - electronic copy or CD- ROM CO –electronic copy or

CD-ROM

After acceptance of the Final report, but no later the end of the contract Period of Performance.

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2.7 POINTS OF CONTACT

Contracting Officer Contract Officer’s Representative Stephanie Brock Bureau of Safety and Environmental Enforcement Acquisition Management Division Acquisitions Operations Branch Mail Stop: VAE-AMD 45600 Woodland Road Sterling, VA 20166 stephanie.brock@bsee.gov

(703) 787-1151

TBD AT TIME OF AWARD

Subject Matter Expert Subject Matter Expert

TBD AT TIME OF AWARD TBD AT TIME OF AWARD

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SECTION 3

GENERAL PURCHASE ORDER TERMS AND CONDITIONS

3.1 TYPE OF ORDER

The Bureau of Safety and Environmental Enforcement (BSEE), on behalf of Bureau of Ocean Energy Management (BOEM) anticipates a Labor Hour (LH) type Purchase Order.

3.2 PERIOD OF PERFORMANCE

The period of performance for this effort shall be twelve (12) months from date of award.

3.3 PLACE OF PERFORMANCE

The primary place of performance is at the contractor’s facility.

3.4 ADMINISTRATION / GOVERNMENT POINTS OF CONTACT

3.4.1 Contracting Officer (CO)

Stephanie Brock Bureau of Safety and Environmental Enforcement 45600 Woodland Road, Mailstop VAE-AMD Sterling, VA 20166 Phone Number: 703-787-1151 Email: Stephanie.Brock@bsee.gov

3.4.2 Contracting Officer’s Representative (COR)

[To be completed upon award]

3.5 INVOICING REQUIREMENT

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

3.5.1 DOI-AAAP-00028, 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.

https://www.ipp.gov/

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

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

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

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

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

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

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

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

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

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

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

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

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

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

mailto:ippgroup@bos.frb.org

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

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

COR.

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

3.7 CONTRACTOR’S QUOTE

The Contractor’s quote may be incorporated by reference into the purchase order. Any inconsistencies or in event of a conflict between terms and conditions of the purchase order and the contractor’s quote shall be resolved by giving precedence to the terms and conditions of the purchase order.

3.8 KEY PERSONNEL

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

NAME POSITION

[To be completed upon award]

3.8.1 Contractor Project Manager

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

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

3.9 NON-PERSONAL SERVICES CONTRACT

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

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Government and its employees. Contractor personnel shall be subject to the direction of the Contractor's Project Manager as described in the section above.

3.10 SUBSTITUTION OF KEY PERSONNEL

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

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

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

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

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

3.11 DISSEMINATION OF INFORMATION

There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this order or contained in the reports to be furnished pursuant to this effort without prior written approval from the Contracting Officer.

3.12 CONTRACTOR CONFLICT OF INTEREST

(a) It is the policy of the Department of the Interior to avoid contract awards which could result in or create conflicts of interest, whether actual or apparent. Such a situation could occur in the instance when the Contractor or any 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 proposal submitted in response to this request for proposals must identify any actual or

140E0121Q0038 - Page 18 of 40 potential conflict of interest described in paragraph (a) and include a Conflict of Interest Mitigation Plan if the Contractor believes such persons or entities are indispensable to its proposal. The Government’s approval of any proposed Conflict of Interest Mitigation Plan shall be at the sole discretion of the Contracting Officer.

(c) Absent a written approval of a Conflict of Interest Mitigation Plan from the Contracting Officer, the Contractor, or any of its officers, representatives, employees, subcontractors, or teaming arrangement members, shall not be involved in any situation during the performance of this contract which may result in conflicts as contemplated in paragraph (a) above.

Failure to comply with this provision may be cause for termination for default.

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

(e) The Contractor shall include this clause, including this paragraph in all subcontracts and consultant agreements; however, subcontractors and consultants shall be directed to send any mitigation plan to the Contractor who shall then inform the Contracting Officer.

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

3.13 STATEMENT OF DISCLAIMER

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

(1) Draft Final Report. “This draft report has not been reviewed by 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 technically reviewed by BOEM, and it has been approved for publication. The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the US Government, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”

(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 Purchase Order Number.”

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3.14 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 Contracting Officer.

3.15 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 and sub-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/sub-contractor shall sign the Non-Disclosure Agreement form as provided at Attachment 3, and the Contractor shall submit the signed form to the CO prior to the employee’s/sub-contractor’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

140E0121Q0038 - Page 20 of 40 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 purchase order shall remain the sole property of the Government unless specific exception is granted by the CO.

3.16 PRINTING

The Contractor shall not engage in, nor sub-contract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of 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.

3.17 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.

3.18 CLAUSES INCORPORATED BY REFERENCE:

In accordance with FAR 52.252-2, this solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following address: https://www.acquisition.gov/far

Clause Title 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 Items (OCT 2018) https://www.acquisition.gov/far

140E0121Q0038 - Page 21 of 40

52.227-14 Rights in Data – General (MAY 2014)

3.19 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days.

3.20 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2021)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

140E0121Q0038 - Page 22 of 40

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

X (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.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (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.

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

https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15…