Draft_IDIQ_RFP_-_25_September_2026_2.docx

DRAFT VESSEL RFP LANGUAGE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 General Information The United States Department of the Interior (DOI), Marine Minerals Administration (MMA), seeks qualified Contractors to provide offshore vessel services supporting the physical inspection of offshore renewable energy facilities located on the Atlantic Outer Continental Shelf (OCS).

The Government intends to award Multiple-Award Indefinite-Delivery/Indefinite-Quantity (IDIQ) contracts using the procedures of FAR Part 15 and FAR Subpart 16.5.

The Government anticipates awarding two (2) or more IDIQ contracts; however, the Government reserves the right to make fewer awards, one award, or no award if determined to be in the Government's best interest.

Concurrent with award of the IDIQ contracts, the Government intends to issue an Initial Task Order (also referred to throughout this solicitation as the "Seed Task Order"). The Initial Task Order is included as Attachment 1 and will be evaluated concurrently with the IDIQ contract awards.

Award of an IDIQ contract does not guarantee award of the Initial Task Order (Seed Task Order) or any future task order. Future task orders will be competed among eligible IDIQ contract holders in accordance with FAR 16.505 unless an exception authorized by the FAR applies.

B.2 Contract Type The resulting contracts will be Multiple-Award Indefinite-Delivery/Indefinite-Quantity (IDIQ) contracts.

Individual task orders issued under the IDIQ are anticipated to be Firm-Fixed-Price (FFP), Time and Material, and/or Labor Hour contract types authorized by the Federal Acquisition Regulation that is appropriate for the specific requirement.

The Seed Task Order awarded under this solicitation is anticipated to be Firm-Fixed-Price.

B.3 Contract Line Item Number (CLIN) Pricing Structure for IDIQ The IDIQ contract will establish ceiling pricing schedules for recurring vessel services and related support.

Offerors shall propose ceiling pricing for the IDIQ contract as required by this solicitation.

Offerors shall also submit pricing for the Seed Task Order using the pricing schedule provided in Attachment 1.

Pricing proposed for the Seed Task Order will be evaluated independently from the IDIQ ceiling pricing.

Future task orders will be priced in accordance with the ordering procedures established under this contract.

Ceiling Rate

*Vendor shall fill in ceiling prices **Shall be proposed and evaluated at task order level only IDIQ ceiling prices shall establish the highest allowable rates for future task order competitions. Actual task order pricing may be lower than the ceiling rates proposed at the IDIQ level.

B.4 CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

Both the Government and the Contractor agree that the minimum consideration under this Contract is $5,000, subject to the availability of funds. There is no guaranteed minimum for the option periods, if exercised. The maximum consideration under this Contract over a five-year period is estimated to be $30,000,000.00 (if all options are exercised).

SECTION C STATEMENT OF WORK

C.1 Purpose The Department of the Interior (DOI), Marine Minerals Administration (MMA), requires contractor support to provide offshore vessel services that enable the physical inspections of offshore renewable energy facilities located on the Atlantic Outer Continental Shelf (OCS).

This contract establishes a Multiple-Award Indefinite-Delivery/Indefinite-Quantity (IDIQ) vehicle under which the Government may issue Firm-Fixed-Price, Time and Material or Labor Hours contracts for offshore vessel services and related operational support. Individual task orders will define mission-specific requirements, schedules, deliverables, performance periods, and optional capabilities.

C.2 Scope The Contractor shall furnish all personnel, vessels, equipment, management, supervision, transportation, materials, communications, and incidental services necessary to support offshore inspection missions unless specifically identified as Government-furnished.

The Contractor may satisfy these requirements using vessels that it owns, operates, manages, charters, brokers, or otherwise secures through legally binding contractual arrangements. Regardless of the method used to obtain vessel services, the Contractor remains fully responsible for contract performance, vessel availability, safety, schedule, quality, and compliance with all contract requirements.

Services may include, but are not limited to:

· Offshore vessel charter services

· Walk-to-Work (W2W) inspection support

· Transportation of Government personnel

· Dynamic Positioning (DP) vessel operations

· Motion-compensated gangway operations

· Offshore accommodations and hotel services

· Vessel crew and marine operations

· Mission planning and coordination

· Communications and information technology support

· Inspection logistics

· SIMOPS coordination

· Daily operational reporting

· Mobilization and demobilization

· Optional support for scientific, environmental, hydrographic, or ROV operations when required by individual task orders

Task orders may vary in:

· Geographic operating area

· Vessel class

· Mission duration

· Number of Government personnel

· Inspection schedule

· Environmental conditions

· Optional mission support requirements C.3 Contractor Responsibilities The Contractor shall provide qualified vessels and personnel capable of safely supporting offshore inspection missions in accordance with applicable Federal regulations, industry standards, and individual task order requirements.

At a minimum, the Contractor shall:

· Provide vessels suitable for the assigned mission.

· Maintain all required certifications, licenses, and vessel inspections.

· Provide qualified vessel crews.

· Maintain an operational Safety Management System (SMS).

· Coordinate mobilization and demobilization activities.

· Support Government inspection personnel during offshore operations.

· Maintain reliable communications throughout mission execution.

· Submit required reports and documentation identified in individual task orders.

· Coordinate operational activities with offshore facility owners and operators, as required.

· Demonstrate the ability to provide qualified vessels through ownership, operation, management, charter, brokerage, or other contractual arrangements.

· Maintain contractual authority sufficient to ensure vessel availability for the duration of each task order.

· Ensure all subcontractors, vessel owners, vessel operators, brokers, and charter providers comply with the requirements of this contract.

· Remain solely responsible for performance regardless of the source of the vessel or marine services.

· Identify, disclose, and mitigate any actual or potential Organizational Conflicts of Interest (OCI), including financial or contractual relationships with offshore facility owners, developers, operators, or affiliated entities that could impair, or appear to impair, the Contractor's objectivity in supporting Government inspections.

C.4 Vessel Capability Requirements Specific vessel requirements will be identified within each task order. Depending upon mission requirements, vessels may be required to provide capabilities including:

· Dynamic Positioning (DP2 or higher)

· Motion-compensated Walk-to-Work gangway systems

· Safe personnel transfer to offshore renewable energy facilities

· Offshore endurance for extended missions

· Continuous charter support

· Accommodations for Government personnel

· Mission planning areas

· Office workspace

· Secure communications

· Broadband internet connectivity

· Weather monitoring systems

· Deck space sufficient for mission equipment

· Crane or lifting capability

· Medical support equipment

· Emergency response capability Unless otherwise specified within a task order, the Contractor shall determine the vessel most appropriate to satisfy the Government's mission requirements.

C.5 Walk-to-Work Operations When required by an individual task order, the Contractor shall provide a vessel equipped with a motion-compensated Walk-to-Work or similar system capable of safely transferring Government personnel to offshore facilities.

Task orders may establish requirements addressing:

· Minimum transfer heights

· Environmental operating limits

· Applicable industry standards (including IMCA guidance or equivalent)

· Dynamic Positioning requirements

· Crew qualifications

· Transfer procedures

· Safety management requirements

· Operational documentation C.6 Accommodations and Habitability When specified within a task order, the Contractor shall provide suitable accommodations for Government personnel including, as applicable:

· Sleeping accommodations

· Sanitary facilities

· Galley and food service

· Laundry facilities

· Workspace

· PPE storage

· Internet connectivity

· Exercise facilities

· Housekeeping services Specific occupancy requirements will be identified within each task order.

C.7 Communications The Contractor shall maintain reliable communications throughout mission execution.

When required by individual task orders, communications capabilities may include:

· Broadband internet

· Secure Government VPN compatibility

· Video conferencing capability

· Electronic transmission of inspection reports

· Operational data exchange

· Support for scientific or ROV data transmission C.8 Optional Mission Support Individual task orders may require additional capabilities including:

· ROV operations

· Environmental monitoring

· Scientific research support

· Oceanographic sampling

· Marine wildlife observation

· Modular laboratory space

· Sample storage

· Scientific personnel transportation

· SIMOPS coordination

· Specialized lifting operations These capabilities shall only be required when specifically identified within the applicable task order.

C.9 Task Orders Individual task orders will define mission-specific requirements including:

· Inspection objectives

· Geographic operating areas

· Period of performance

· Vessel capability requirements

· Required certifications

· Government personnel

· Transfer methods

· Deliverables

· Reporting requirements

· Performance standards

· Acceptance criteria

· Optional mission support The Government reserves the right to tailor requirements to meet individual mission needs.

C.10 Performance Requirements Contractor performance shall be evaluated based upon successful accomplishment of the requirements established within each task order.

Performance evaluations may include:

· Safety performance

· Vessel readiness

· Availability

· Schedule compliance

· Personnel transfer performance

· Communications reliability

· Reporting quality

· Contractor management

· Responsiveness

· Mission execution

· Compliance with safety management procedures Specific performance metrics may be established at the task order level.

C.11 Government-Furnished Information The Government may provide information necessary to support individual task orders including:

· Facility locations

· Inspection priorities

· Operational schedules

· Government points of contact

· Reporting templates

· Safety information

· Operational constraints Government-furnished property and information will be identified within each task order.

C.12 Place of Performance Performance shall occur at locations identified within individual task orders, including offshore renewable energy facilities located on the Atlantic Outer Continental Shelf, associated staging ports, and other locations identified by the Government.

C.13 Deliverables Deliverables shall be identified within each task order and may include:

· Mobilization plans

· Mission execution plans

· Safety documentation

· Vessel certifications

· Daily situation reports

· Operational logs

· Communications reports

· Vessel inspection support documentation

· Final mission reports

· Demobilization reports The Government will specify required formats, submission schedules, and acceptance procedures within each task order.

C.14 Applicable Standards The Contractor shall comply with all applicable Federal laws, regulations, industry standards, classification society requirements, Coast Guard regulations, safety management requirements, and task order-specific performance standards.

When utilizing brokered or third-party vessels, the Contractor shall ensure those vessels fully satisfy all contract and task order requirements before performance begins.

SECTION D

PACKAGING AND MARKING

SECTION E

INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998):

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

Inspection of the supplies/services provided hereunder shall be made by the Contracting Officer’s Representative (COR) or any Inspectors designated by the Contracting Officer. The place of inspection of reports required under this contract shall be at the addresses for deliverables set forth in individual Task Orders. Final acceptance of supplies/services shall be made by the COR designated in individual Task Orders.

E.2.1 General Acceptance Criteria:

General quality measures, as set forth below, will be applied to each work product received from the Contractor under this contract.

See F.7 Section 508 Compliance when applicable.

E.3 QUALITY ASSURANCE:

The COR or designated inspector will review for completeness the preliminary or draft documentation that the Contractor submits and may return it to the contractor for correction as identified in the Task Orders. Absence of any comments by the COR will not relieve the Contractor of the responsibility for complying with the requirements of this contract. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by the COR. The contractor shall not construe any letter of acknowledgement of receipt of material as a waiver of review, or as an acknowledgement that the material is in conformance with this contract. Any approval given during preparation of the documentation, or approval for shipment, shall not guarantee the final acceptance of the completed documentation.

E.4 SCIENTIFIC INTEGRITY

Scientific integrity is vital to DOI activities under which scientific research, data, summaries, syntheses, interpretations, presentations, and/or publications are developed and used. Failure to uphold the highest degree of scientific integrity will result not only in potentially flawed scientific results, interpretations, and applications but will damage DOI's reputation and ability to uphold the public's trust. All work performed must comply with the DOI Scientific Integrity Policy posted at https://www.doi.gov/scientificintegrity or its equivalent as provided by the contractor's organization or State law.

E.5 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.

For further information and inquiries about 508 Compliance, see below:

· 508 Compliance Coordinator: Robert Garcia, 703-787-1067

· DOI website on 508 Compliance: Section 508 | US Department of the Interior (doi.gov)

· GSA website- guidance for federal agencies: Manage an IT Accessibility/508 Program | Section508.gov

· Manage an IT Accessibility/508 Program - Section508.gov

· Information about the Section508.gov website, GSA's Government-wide IT Accessibility Team, and guidance to Federal agencies on accessible information and communication technology (ICT) is located on the following website below: www.section508.gov

SECTION F

DELIVERIES OR PERFORMANCE

F.1 TERM OF THE CONTRACT/PERIOD OF PERFORMANCE

The IDIQ contract ordering period shall include a one 12 month base period and four option years of one (1) consecutive year each, if exercised. The period of performance for individual Task Orders may extend beyond the IDIQ contract ordering period. However, no new Task Orders may be issued once the IDIQ contract order period has expired. The period of performance for any single Task Order shall not exceed five (5) years in duration. All terms and conditions applicable to the base period shall extend to the options unless otherwise agreed upon. If all Options are exercised, the period of performance will be a total of 60 months.

The Ordering Period of Performance schedule is as follows:

F.2 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/

F.3 PLACE OF PERFORMANCE

Atlantic Outer Continental Shelf (OCS) sites to be listed in task order.

F.4 MEETINGS, REPORTS, AND OTHER DELIVERABLES

Each Task Order issued by the Government under the IDIQ contract shall specify deliverables, quantities, delivery location, and delivery schedules. The Contractor shall clearly mark all documents and correspondence with the Task Order and IDIQ number on the first page. All correspondence, including email, pertaining to this IDIQ shall include the Task Order and IDIQ number on the subject line.

To the maximum extent practicable, deliverables shall be submitted in electronic form using the latest version of Microsoft Word, Excel, Access, PowerPoint, as applicable.

F.5 SCHEDULE AND DISTRIBUTION OF DELIVERABLES

Deliverable products shall be submitted to the addresses shown in Section F.7 in accordance with the delivery schedule provided at the Task Order level. All deliverable products shall be provided in digital form and in hard copy when specified.

F.6 ADDRESSES FOR DELIVERABLES

Unless specified differently in the individual Task Orders, deliverables shall be provided to:

Contracting Officer’s Representative

(COR)

[To be determined prior to award.] Contracting Officer (CO) William Rilee Marine Minerals Administration (MMA) Acquisition Operations Branch 45600 Woodland Road Sterling, VA 20166 Email: william.rilee@bsee.gov

F.7 SECTION 508 COMPLIANCE

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 or 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.

F.8 NOTICE REGARDING LATE DELIVERY/DELAYED PERFORMANCE

(a) In the event the Contractor anticipates difficulty in meeting performance requirements, or when it anticipates difficulty in complying with any delivery schedule contained in the contract, or any date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the CO and the COR in writing, giving pertinent details, provided this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any contract delivery schedule, or date or any rights or remedies provided by law under this contract.

(b) If the Contractor fails to respond in a timely manner to any portion of this contract, delay will be attributed to the Contractor, and consideration must be provided by the contractor for an extension to be granted.

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

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 MMA CONTRACTING POINTS OF CONTACT

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

G.1.1 Contracting Officer (CO) The Contracting Officer (CO) for this contract is listed below:

William Rilee, Department of Interior 45600 Woodland Road; Mailstop VAE-AMD Sterling, VA 20166 Email: william_rilee@ios.doi.gov G.1.2 Contracting Officer’s Representative (COR) The Contracting Officer’s Representative (COR) for this contract is listed below. The COR is also the COR for all Task Orders issued under the IDIQ portion of the contract unless otherwise stated in the Task Order.

Marine Minerals Administration 45600 Woodland Road Sterling, VA 20166 [To be determined prior to award.] G.2 AUTHORITIES AND DELEGATIONS (SEP 2011) (Department of the Interior Acquisition Regulation (DIAR) 1452.201-70)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

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

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

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

· 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 St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

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

G.3.2 Payment Frequency

Payments will be made for deliverables submitted by the Contractor and accepted by the government in accordance with the Partial Delivery Payment Schedule in Section B.3 of the contract and G.3.1 above.

The Contractor may submit the invoice using the SF-1034 and SF-1035 available via the internet at www.gsa.gov under the “Forms Library” tab, or may submit a suitable self-designed form that contains the information required in FAR 32.905(b).

G.3.3 DIAR 1452.204-70 Release of Claims (July 1996) After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.

G.4 INTEREST ON OVERDUE PAYMENTS

The Prompt Payment Act, Public Law 97-177, (96 Stat.85; 31 U.S. C. 3901-3906), as amended, is applicable to payments under this contract and requires payment to contractors of interest on overdue and improperly taken discounts. Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget (OMB) Circular A-125.

G.5 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) (December 2015) https://www.acquisition.gov/sites/default/files/current/far/html/Subpart 42_15.html FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

G.6 CORRESPONDENCE

To promote timely and effective administration, correspondence shall be subject to the following procedures:

(a) Technical correspondence (where technical issues relating to compliance with the requirements herein) shall be addressed to the COR with an information copy to the CO.

(b) All other correspondence, (that which proposes or otherwise involves waivers, deviations or modifications to the requirement, terms or conditions of this SOW) shall be addressed to the CO with an informational copy to the COR. All correspondence shall be clearly marked with the Contract number on the first page.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 AUTHORITY TO ISSUE ORDERS

Only Department of the Interior Contracting Officers supporting MMA are authorized to issue task orders under this contract.

H.2 ORDERING PROCEDURES

H.2.1 Seed Task Order The Government will evaluate and plans to award the Seed Task Order concurrently with award of the IDIQ contracts. However, the Government reserves the right not to award the Seed Task Order.

The Seed Task Order will be awarded using the evaluation factors contained in Section M.

Award of an IDIQ contract does not obligate the Government to award the Seed Task Order to that Contractor. Only one Seed Task Order will be awarded, but multiple IDIQs award may be issued.

Likewise, award of the Seed Task Order does not guarantee the issuance of future task orders.

H.2.2 Future Task Orders After IDIQ contract award, all future task orders will be issued in accordance with FAR 16.505.

For each future requirement, the Government may issue a Fair Opportunity Proposal Request (FOPR), Request for Proposal (RFP), or other solicitation appropriate for the requirement.

Each request may include, as applicable:

· Statement of Work (SOW)

· Performance Work Statement (PWS), if used for a specific requirement

· Statement of Objectives (SOO), if appropriate

· Period of Performance

· Deliverables

· Evaluation Criteria

· Proposal Instructions

· Pricing Requirements The Government reserves the right to tailor proposal instructions and evaluation criteria to the specific task order requirement.

H.2.3 Task Order Proposal Requirements Unless otherwise stated in the task order solicitation, Offerors shall submit:

· Technical Approach

· Management Approach (if required)

· Staffing Plan (if required)

· Schedule (if required)

· Price Proposal Task order proposals shall address only the specific requirements identified in the applicable task order solicitation.

H.2.4 Basis for Future Task Order Awards Future task orders will be awarded using the evaluation criteria identified in each individual task order solicitation.

Evaluation factors may include:

· Technical Approach

· Management Approach

· Key Personnel

· Past Performance

· Price

· Schedule

· Small Business Participation (when applicable) The Government reserves the right to make task order awards without discussions, conduct discussions when determined necessary, or request proposal revisions in accordance with applicable law and regulation.

H.2.5 Incorporation of Technical Proposal Only the successful Offeror's Volume I – IDIQ Technical Proposal, as accepted by the Government and incorporated by reference or attachment, shall become part of the resulting IDIQ contract.

The Volume II – Seed Task Order Technical Proposal shall apply only to the Seed Task Order and shall not be incorporated into the basic IDIQ contract unless expressly stated in the resulting task order.

H.3 ADVERTISING OF AWARD

(a) The Contractor shall not refer to this award in commercial advertising, or similar promotions in such a manner as to state or to imply the product or services provided is endorsed, preferred, or is considered superior to other products or services by the Department of the Interior (DOI), Marine Minerals Administration (MMA) . This includes advertising, or similar promotions in all forms or electronic, broadcast and print media.

In addition, the Contractor is restricted from reproducing the image(s) of the DOI/MMA logo or mark in any form of commercial advertising, or similar promotion without expressed DOI/MMA permission. This includes images of official seals and buildings. The reproduction of official seals and the images of buildings is a matter controlled by regulation and Executive Order. Any proposed usage of such symbols must be brought to the attention of the Contracting Officer.

H.4 NOTICE REGARDING LATE DELIVERY/DELAYED PERFORMANCE

(a) In the event the Contractor anticipates difficulty in meeting performance requirements, or when it anticipates difficulty in complying with any delivery schedule contained in the contract, or any date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the CO and the COR in writing, giving pertinent details, provided this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any contract delivery schedule, or date or any rights or remedies provided by law under this contract.

(b) If the Contractor fails to respond in a timely manner to any portion of this contract, delay will be attributed to the Contractor, and consideration must be provided by the contractor for an extension to be granted.

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

The following individuals are considered to be essential key personnel to the work being performed under this contract. At a minimum the following Key Personnel are required:

(a) The Contractor agrees to assign those persons identified under paragraph H.5 above, and who are necessary to fulfill the requirements of the contract as key personnel. No substitutions shall be made except in accordance with this clause.

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

(c) All proposed substitutions shall be submitted to the CO for approval at least 60 calendar days in advance of the proposed effective date (unless substitution is necessitated by sudden illness or death) 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. Resumes shall contain documented experience directly applicable to the functions to be performed. Further, these prior work experiences shall be specific and of sufficient variety and duration that the employee is able to effectively and efficiently perform the functions assigned.

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

(f) A reduction in the Task Order price the Contract may be taken if key personnel positions are not filled timely by qualified replacement personnel accepted by the Government with a reasonable training/transition period. The Contracting Officer will determine timeliness and reasonableness.

H.5.3 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 Government and its employees. Contractor personnel shall be subject to the direct of the Contractor's Project Manager as described in the section above.

H.5.4 Contractor Interfaces The Contractor and/or his subcontractors may be required as part of the performance of this effort to work with other Contractors working for the Government. Such other Contractors shall not direct this Contractor and/or their subcontractors in any manner. Also, this Contractor and/or their subcontractors shall not direct the work of other Contractors in any manner. Contractor personnel shall present a neat appearance and be easily recognized as contractor employees.

H.5.5 Qualified Personnel The Contractor shall provide personnel qualified to perform all requirements under this Contract and subsequent Task Orders under the IDIQ portion of the contract. All Contractor personnel shall be able to read, write, speak and understand English fluently.

H.5.6 Personnel Replacements and Removals The Government retains the right to direct the Contractor to remove any prime or subcontractor personnel, regardless of prior clearance or background investigation adjudication status, whose actions, while assigned to the Contract, clearly conflict with the security interests of the Government or whose actions conflict with the successful and safe operations of the requirement. The justification for the Government’s direction to remove Contractor personnel will be documented and provided to the Contractor by the Contracting Officer.

H.6 WARRANTY AGAINST DUAL COMPENSATION

The Contractor warrants that if he/she is involved in two or more task orders, at least one of which is supported by Federal funds, he/she may not be compensated for more than 100% of his/her time during any part of the period of dual involvement.

H.7 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 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, sub-contractors, 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 hereby is notified that:

· performing inspection support for MMA while simultaneously providing marine services to the same developer may constitute an actual or apparent OCI;

· the contractor has an ongoing duty to disclose new conflicts throughout contract performance;

· the Government may require recusals, replacement vessels or crews, mitigation plans, or decline a task order if an OCI cannot be adequately mitigated.

H.8 TITLE TO EQUIPMENT PURCHASED UNDER THE CONTRACT (FAR 45)

Title to equipment over $2,500, purchased by the Contractor under this contract shall be vested with the U.S. Government in accordance with the provisions of the Government Property clause referenced in Section I of this contract and shall be tracked and labeled in accordance with MMA policy. Title to all equipment, under $2,500, purchased by the Contractor under this contract shall be vested with the U.S. Government and catalogued by the Contractor and made readily available for audit purposes. Desktops and laptops and tablets shall be tracked and labeled in accordance with MMA policy.

H.9 SECURITY REQUIREMENTS

H.9.1 Physical Security The Contractor shall be responsible for safeguarding all Government property provided for contractor use. At the end of normal duty hours and/or after normal duty hours, all Government facilities, equipment and materials must be secured by the Contractor.

(b) Nothing in paragraph (a) above shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provides for the indemnification of any loss or destruction of, or damages to property in the custody and care of the Contractor where such loss, destruction or damage is the Government property. The Contractor shall do nothing to prejudice the Government’s right to recover against third parties for any loss, destruction of, or damage to Government property, and upon the request of the Contracting Officer shall, at the Government’s expense, furnish the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

H.11 STATE AND LOCAL TAXES

In accordance with FAR 29.303 and FAR 31.205-41, the Contractor or any subcontractor under this contract shall not be reimbursed for payment of any State and local taxes for which an exemption is available. The Contractor is responsible for determining the availability of State and local tax exemptions and obtaining such exemptions, if available. The Contractor shall notify the Contracting Officer if problems arise in obtaining a State or local tax exemption. The Contractor may request a waiver, by the Contracting Officer, from this requirement if the administrative burden of seeking an exemption appears to outweigh the potential savings to the Government.

H.12 FEDERAL HOLIDAYS

The following holidays are normally observed by Government personnel: New Year’s Day, Martin Luther King’s Birthday, Presidential Inauguration Day (metropolitan DC area only), President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal Statute, Executive Order, and/or Presidential Proclamation. Other kinds of administrative leave such as acts of God (i.e.