Combined Synopsis 89603023Q0108.docx

RFQ #89603023Q0108

SECTION A

A.1 Combined Synopsis/Solicitation for Engineering Support Services for the Federal Energy Regulatory Commission (FERC)

RFQ #89603023Q0108

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation (SF1449) will not be issued.

The Government intends to procure Geotechnical and Structural Document Review for LNG Facilities for FERC. The Government is contemplating award in accordance with FAR Parts 13.1, 13.5 and 12. The single-award contract will be a labor-hour contract type with an overall period of performance of one (1) year base period plus four (4) one year option periods.

The solicitation number is 89603023Q0108. The solicitation is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04, effective 02 June 2023.

This is procurement is not set-aside for small businesses. The NAICS code for this procurement is 541330 – Engineering Services; the small business size standard is $25.5M.

The combined synopsis solicitation contains two (2) labor-hour and one (1) cost reimbursable price line item (base year) in the Cost/Price Schedule of the solicitation.

The objective of this contract is to procure Geotechnical and Structural Document Review for LNG Facilities that can provide technical expertise for several projects overseen by FERC’s Office of Energy Projects (OEP).

A more detailed description of the requirements and period of performance dates are provided in the Price/Cost Schedule and Statement of Work. The FOB point and acceptance point for deliverables are destination (FERC Headquarters, 888 First Street NE, Washington D.C., 20426).

The provisions at 52.212-1 Instructions to Offerors–Commercial Items, applies to this acquisition.

The provision at 52.212-2 Evaluation–Commercial Items Commercial Items applies to this acquisition along with its addendum. An award will be made to the responsive and responsible offeror who provides the best-value solution to the Government. A trade-off analysis of technical/non-price evaluation factors and the price evaluation factor will be utilized to determine best-value. In conducting the trade-off analysis, all technical/non-price evaluation factors, when combined, are greater than price.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications– Commercial Items, with its quote. If the offeror’s annual representations and certifications are current in the U.S.

Government System for Award Management (SAM), the offeror may merely state that the offeror’s representations and certifications are available through SAM in lieu of submitting the annual representations and certifications as part of the offeror’s quote.

The clause 52.212-4 Contract Terms and Conditions–Commercial Items applies to this acquisition.

The clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders–Commercial Items, applies to this acquisition; additional FAR and other clauses applicable to this acquisition are included in the attached solicitation document.

Questions regarding this solicitation and its contents shall be submitted in electronic format to the Contracting Officer at victoria.max@ferc.gov and the Contract Specialist at alanna.medina@ferc.gov no later than 4:00 PM (EST), August 30, 2023.

Quotes shall be submitted in electronic format to the Contracting Officer at victoria.max@ferc.gov and to the Contract Specialist at alanna.medina@ferc.gov no later than 12:00 PM (EST), September 11, 2023.

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 Price/Cost Schedule For the purposes of evaluation, please quote on the following Labor Categories and number of Hours below:

Item Information

Contract Period: Base POP Begin: 30 Sep 23 POP End: 29 Sep 24

LH

Contract Period: Base POP Begin: 30 Sep 23 POP End: 29 Sep 24

(Travel is not expected - but may be needed for “Emergency Situations”)

Contract Period: Base POP Begin: 30 Sep 23 POP End: 29 Sep 24

Contract Period: Option 1 POP Begin:

POP End:

LH

Contract Period: Option 1 POP Begin:

POP End:

(Travel is not expected - but may be needed for “Emergency Situations”)

Contract Period: Option 1 POP Begin:

Contract Period: Option 2 POP Begin: 30 Sep 23

LH

Contract Period: Option 2 POP Begin: 30 Sep 23 POP End:

(Travel is not expected - but may be needed for “Emergency Situations”)

Contract Period: Option 2 POP Begin:

Contract Period: Option 3 POP Begin:

LH

Contract Period: Option 3 POP Begin:

POP End:

(Travel is not expected - but may be needed for “Emergency Situations”)

Contract Period Option 3 POP Begin:

Contract Period: Option 4 POP Begin:

LH

Contract Period: Option 4 POP Begin:

POP End:

(Travel is not expected - but may be needed for “Emergency Situations”)

Contract Period: Option 4 POP Begin:

PHYSICAL DELIVERY

Any physical deliveries to FERC HQ required to perform under this contract shall be sent to:

Federal Energy Regulatory Commission Office of Energy Projects ATTN: COR (TBD) 888 First Street NE Washington DC 20426

SECTION C – CONTRACT CLAUSES

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(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 and Other Covered Entities (NOV 2021) (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.] _X_ (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.)

_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].

_X_ (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).

__ (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

_X_ (9) 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_ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (13) 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).

__ (14) [Reserved] __ (15)

(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.

__ (16)

(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_ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (18)

(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 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 2021) of 52.219-9.

__ (19)

(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.

__ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).

__ (23)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023)( 15 U.S.C. 632(a)(2)).

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

__ (24) 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)).

__ (25) 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)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

_ X _ (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_ X _ (31)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

_ X _ (32)

(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 _ (33)

(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 _ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

_ X _ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_ X _ (36)

(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).

_ X _ (37) 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.)

__ (38)

(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.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (41)

(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.

__ (42)

(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.

_ X _ (43) 52.223-15, Energy Efficiency in Energy Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (44)

(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 _ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

_ X _ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48)

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

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

_ X _ (49)

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

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

__ (50)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 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 (JAN 2021) of 52.225-3.

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

__ (51) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ X _ (52) 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).

_ X _ (53) 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).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_ X _ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (64)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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.] _ X _ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

_ X _ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

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

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

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

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx)

(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) Alternate I (FEB 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".

Alternate II (JUN 2023). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(D) 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).

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

(F) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(G) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(H) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(I) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(J) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

(K) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(L) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(M) __ (1) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

__ (2) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(N) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(O) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

(P) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).

(Q) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(R) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(S)__ (1) 52.224-3, Privacy Training (JAN 2017) ( 5 U.S.C. 552a).

__ (2) Alternate I (JAN 2017) of 52.224-3.

(T) 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).

(U) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(V) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(W) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

C.2 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 thirty (30) days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 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 Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html

(End of Clause)

C.5 CLAUSES INCORPORATED BY REFERENCE:

C.6 CONTRACTING OFFICER REPRESENTATIVE (COR) APPOINTMENT--LOCAL PROVISION

(TBD) has been appointed as the Contracting Officer’s Representative (COR) for this Contract with responsibility for technical oversight, contract administration and day-to-day inspection of the work. The appointment will be in effect until final completion of the project, or when terminated or superseded by the Contracting Officer. The COR will accomplish inspection and acceptance, including final delivery. Services shall conform to the requirements set forth in the contract.

(TBD)

Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426

(202) 502-XXXX

(End of Clause)

C.7 INVOICING--LOCAL PROVISION

An original invoice(s) for work provided under this order shall be submitted with proper documentation in accordance with the Prompt Payment Act, FAR 52.232-25 to:

INVOICE MAY BE SUBMITTED ELECTRONICALLY TO: DFS-Invoices@ferc.gov

FOR INVOICE STATUS CONTACT: DFS-Invoices@ferc.gov

In addition, please submit at least 1 copy of all invoices simultaneously to (COR /TBD) at the physical or e-mail address listed herein.

YOUR LAST INVOICE UNDER THE ORDER SHALL BE MARKED "FINAL."

(End of Clause)

C.8 LEGAL HOLIDAYS AND CLOSURE OF FERC FACILITIES--LOCAL PROVISION

(a) The Federal Energy Regulatory Commission observes the following days as holidays--

New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any other day designated by Federal law, Executive Order or Presidential Proclamation.

(b) When any holiday specified in (a) falls on a Saturday, the preceding Friday shall be observed. When any such holiday falls on a Sunday, the following Monday shall be observed. Observances of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(c) FERC may close a FERC facility for all or a portion of a business day as a result of--

(1) Granting administrative leave to non-essential FERC employees (e.g., unanticipated holiday);

(2) Inclement weather;

(3) Failure of Congress to appropriate operational funds;

(4) Or any other reason.

(d) In such cases, contractor personnel not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at the facility, shall not report to the facility. Non-essential personnel already present shall be dismissed and shall leave the facility.

(e) The contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled for performance during the period in which FERC non-essential employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative.

(f) When contractor personnel services are not required or provided due to closure of a FERC facility as described in this clause, the contractor shall be compensated as follows--

(1) For fixed price contracts, deductions in the contractor's price will be computed as follows--

(A) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.

(B) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the Contracting Officer to ensure that the contractor is compensated for services provided.

(2) For cost-reimbursement, time-and-materials and labor-hour type contracts, FERC shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility.

(End of Clause)

SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 Statement of Work (SOW) See separately attached.

D.2 OCI Non-Disclosure Statement See separately attached and complete.

D.3 Federal Energy Regulatory Commission Non-Disclosure Agreement See separately attached and complete.

SECTION E – SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provision is incorporated into 52.212-1 as an addendum to this solicitation:

E.1.1 Addendum - North American Industry Classification System (NAICS) code and small business size standard

FAR 51.212-1, Section (a) is deleted in its entirety and replaced with the following:

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear on page 1 of the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

E.1.2 Addendum - Submission of Quotations FAR 51.212-1, Section (b) is deleted in its entirety and replaced with the following:

(b) Submission of Quotations. Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotations may be submitted on letterhead stationery, or as otherwise specified in the solicitation.

Request for Quote (RFQ) #89603023Q0108

The offeror’s submission must demonstrate that the requirements stated in at least one of the Scope and Qualifications documents are understood and propose a logical approach for their achievement. Offerors merely proposing to provide services in accordance with the solicitation document will not be eligible for award. The quotation must address all of the requirements of the solicitation.

Quotations shall be divided into two separate volumes and include the following:

II – Corporate Capability

III – Past Performance

IV – Personnel Qualifications and Experience

V – Exceptions and Assumptions

II – Price Related Exceptions and Assumptions 2 pages

The government anticipates awarding a Labor-Hour (LH) contract to a single offeror for the services required by the SOW.

Volume 1: Technical Quotation

Offerors are required to submit a comprehensive and complete technical quotation that demonstrates their understanding and ability to perform the tasks described in at least one of the attached Statements of Work. Offerors must be responsive to all the requirements of this notice for at least one SOW and provide sufficient information to allow evaluation of the technical quotation per the evaluation criteria. The technical quotation is expected to contain written and visual material. It must be succinct, well written and presented in a clear straightforward manner.

**Volume 1: shall NOT contain any price information; failure to adhere to this rule may result in the quote being deemed non-responsive.

The technical quotation shall be structured as follows:

I - Cover Letter The quotation shall include a cover letter that is signed and dated by the offeror and which identifies the following information on the cover page:

1. The number of this RFQ;

2. Your company name, address, and telephone number;

3. CAGE, DUNS, and TIN numbers;

4. Acknowledgement of any amendments to this RFQ; and

5. A statement that you assent to all terms of this RFQ.

II – Corporate Capability

This section shall describe the offeror’s technical capability to meet the requirements of the SOW. The narrative must be sufficiently specific, detailed and complete to clearly and fully demonstrate the techniques and procedures the offeror will employ to meet all of the requirements of the SOW.

III – Past Performance

FERC may contact the references or other sources (e.g. PPIRS, SEWP Program Performance, etc.) to obtain past performance.

IV – Personnel Qualifications and Experience

The offeror shall identify and demonstrate that proposed personnel possess the experience and qualifications. The offeror shall provide resumes for each personnel. Each resume shall not exceed 20 pages in length. Each resume shall include the following information:

General Information (name/title) Education Experience Accreditations (memberships/professional licenses)

V- Non-price Related Exceptions and Assumptions This section shall clearly describe any and all non-price related exceptions and assumptions the offeror is taking with respect to the solicitation and its requirements. If the offeror is taking no exceptions or assumptions, the offeror shall clearly state that the offeror takes no non-price related exceptions or assumptions to the solicitation.

Note: The Government reserves the right to determine that a quotation is non-responsive and no longer considered for award if the quote includes any exception or assumption that is unacceptable to the government.

VI - OCI General Non-disclosure Agreement:

The contractor shall provide a copy of the OCI Non-disclosure agreement outlined in Section D – Contract Documents, Exhibits, or Attachments of the subject solicitation (attachment 2).

VII – FERC Non-Disclosure Agreement (NDA)

The Offeror shall complete an NDA for themselves (An NDA must be completed for all personnel at time of award.) (See Attachment 3 – Federal Energy Regulatory Commission Non-Disclosure Agreement)

Volume 2 - Price Quote

The price quotation shall be structured as follows:

I - Price Information

The offeror shall submit a price quote that is consistent with the solicitation requirements and the offeror’s technical quotation. The price quote shall include no technical information; the technical evaluation team will not have access to price quotes while performing the technical evaluations.

II – Price Related Exceptions and Assumptions

This section shall clearly describe any and all price related exceptions or assumptions the offeror is taking with respect to the solicitation and its requirements. If the offeror is taking no exceptions or assumptions, the offeror shall clearly state that the offeror takes no price related exceptions or assumptions to the solicitation.

Note: The Government reserves the right to determine that a quotation is non-responsive and no longer considered for award if the quote includes any exception or assumption that is unacceptable to the government.

Additional formatting information

The technical quotation shall be submitted on 8 ½" x 11" pages, using no less than ten (10) point character size and no less than an average of 3/4" around each page for margins. Page numbers shall have no less than a 3/8" margin from the page edge. Tables and figures shall use no smaller than ten (10) point character size and must be clear and readable. Offerors are required to adhere to all of the aforementioned page limitations. Information found on pages that exceed any page limitation will not be considered. All pages in excess of the page limits specified in this solicitation will NOT be evaluated. The quotations shall be readable by the software in use by the Government (i.e., Microsoft Office or Adobe Acrobat). Quotations submitted in software formats not readable by the Government may be determined to be non-responsive to the solicitation and removed from consideration for award.

Communications regarding this procurement

The points of contact for this acquisition are:

Communications regarding this solicitation with anyone other than an assigned Acquisition Services Division team member is strictly prohibited.

Questions

Questions should be submitted using the following format:

1.

2.

3.

4.

*One question per row.

Questions regarding this solicitation and its contents shall be submitted to the contracting officer and contracting specialist in electronic format at alanna.medina@ferc.gov & victoria.max@ferc.gov no later than Wednesday, August 30, 2023 4:00 PM (EST).

Quotes shall be submitted to the contracting officer and contracting specialist in electronic format at alanna.medina@ferc.gov, & victoria.max@ferc.gov no later than Wednesday, September 11, 2023 12:00 PM (EST).

Offerors are solely responsible for all costs related to quotation preparation and submission.

(End of Addendum to 52.212-1) E.2 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) - ADDENDUM

(a) The Government will award a Labor-Hour contract resulting from this solicitation to the responsible offeror(s) whose offer(s) conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical Capability: The Offeror’s technical capability will be evaluated on the demonstrated technical expertise, experience, and approach for accomplishing the requirements of the relevant Statement of Work particular to each Task area. The following subfactors listed below are further detailed in the Statement of Work for each Task Area:

· Corporate Experience - The Offeror’s corporate experience will be evaluated on organizational capability, resources, and experience related to providing professional services similar to the requirements in the Statement of work. Offerors should provide three (3) examples of services similar to the requirements in the Statement of Work within the last thirty-six (36) months.

· Personnel Qualifications and Experience - The Offeror’s key personnel and inspectors will be evaluated on the demonstrated technical knowledge, experience, and education necessary to accomplish the requirements set forth in the SOW.

· Technical/Management Approach - The Offeror’s technical/management approach will be evaluated on the demonstrated strategy for each specific Task Area:

1) managing personnel and resources necessary;

2) managing and coordinating schedules including approach to ensure task activities and deliverables are completed timely without conflict due to scheduling;

3) the management approach for quality assurance and quality control of all deliverables; and

4) the approach for managing emergency situations such as an unanticipated incident review.

Price: This refers to the total expected price of performing the tasks in the Statement of Work. The Government will evaluate the offeror’s total quoted price to determine if the price is fair and reasonable. Quotations will be evaluated with price as a criterion under a “best-value to the Government” approach.

Award will be made to the responsive, responsible offerors who provide the best-valued solutions to the Government. In determining best-value, the trade-off methodology will be used; all factors other than price, are significantly more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Addendum to 52.212-2)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (DEC 2022) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and…