Draft_RFP_and_SOW_1.pdf

Solicitation No. 140M0125RXXXX

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL

The United States Department of the Interior, Bureau of Safety and Environmental Enforcement

(BSEE) on behalf of the Bureau of Ocean Energy Management (BOEM), is issuing this solicitation in accordance with the Federal Acquisition Regulation (FAR) Part 15, Contracting by

Negotiation, for the project titled “Vessel and Remotely Operated Vehicles (ROV) services to

Support an Investigation of the Blake Plateau.”

The Contractor shall furnish all personnel, facilities, equipment, technology, materials, supplies, and services in performing the work described in Section C, unless otherwise stated herein. In consideration of the work performed under the contract, the Government shall pay the amount identified below in U.S. Dollars.

B2. CONTRACT TYPE

The contract type is undetermined.

B.2 CONTRACT LINE ITEM NUMBER

The specific details and description of the Contract Line Item Number (CLIN) are described below:

CLIN DESCRIPTION TOTAL PRICE

00010 Remotely Operated Vehicle (ROV), Vessel and Remotely Operated Vehicles (ROV) services to

Support an Investigation of the Blake Plateau. (NTE) $TBD____________

CLIN 00010 is a CONTRACT TYPE line item with a period of performance from the date of award through 24 months thereafter that includes all costs required for performance, including but not limited to all personnel, facilities, equipment, materials, supplies, and services. The effort under CLIN 00010 shall be accomplished in accordance with the Statement of Work in Section

C. This is a Not to Exceed (NTE) CLIN. The contractor exceeds at their own risk.

B.3 Milestone Payments or Rates:

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Vessel and Remotely Operated Vehicles (ROV) services to Support an Investigation of the

Blake Plateau

(NSL MM-24-02)

C.1. INTRODUCTION

Marine areas with mineral-rich hard substrates support benthic communities that may differ in their response and recovery from disturbances such as extractive activities. These areas can support diverse communities including some rare species, yet basic ecological information such as faunal composition, population sizes, distribution, and connectivity is lacking. A sufficient understanding of the ecological impacts of mineral extraction is constrained by inadequate observational and baseline data. While a few studies have monitored changes during seafloor mining demonstration activities, they were limited by a lack of knowledge regarding the local and regional seafloor environment prior to commencement of extractive activities (Jones et al.

2018).

This study will continue interagency analysis of an historic deep-sea mining test site on the

Blake Plateau (BP) in the U.S. Atlantic Ocean. Geological and mineral assessments on the BP began in the 1960s, leading to manganese nodule prospecting and extraction equipment testing activities by Deepsea Ventures, Inc. (DV) in 1970. In addition, there were dedicated geologic and resource assessments in the early 1980s by the USGS and partners. There is semi-quantitative information of nodule/pavement abundance, geochemical data, and other associated records obtained from DV and other published sources. DV published documentation about the systems they developed and utilized. The USGS also has seismic reflection data, deep tow camera images, samples (hundreds of pounds of nodules and sediments), and other associated records. This historical context provides a unique time series of seafloor disturbances, enabling assessment of disturbance recovery across a range of substrates and habitat types.

BOEM, USGS, and NOAA have been collaborating and planning for this joint study since 2018.

On June 29, 2019 NOAA Ship Okeanos Explorer performed a systematic multibeam survey surrounding the “Deepsea Ventures Site.” This initial mapping effort enabled a return visit by the

Okeanos Explorer in 2019 to conduct an 8-hour exploratory Remotely Operated Vehicle (ROV) dive guided by USGS and BOEM input. The dive documented evidence of past activities including a “patio block” marker installed by the USGS and apparent seafloor disturbances from equipment consistent with the types of seafloor mining equipment thought to have been used in the 1960’s (see https://oceanexplorer.noaa.gov/okeanos/explorations/ex1907/logs/nov7/nov7.html ). This information was documented during a USGS-archival research visit to The Mariners’ Museum in

Newport News, VA, where copies were made of historical documents detailing the site’s coordinates and historic activities. USGS has recovered important data from internal USGS records (e.g., tow camera imagery of the seafloor) about their 1980’s fieldwork at the site and is reviewing this data.

In 2022, USGS, BOEM, and NOAA scientists contracted Ocean Infinity America to conduct a high-resolution mapping survey of the seafloor within the 50 km2 study area using a Hugin 6000

AUV (see https://oceanexplorer.noaa.gov/explorations/22seabed-mining/welcome.html). The https://oceanexplorer.noaa.gov/okeanos/explorations/ex1907/logs/nov7/nov7.html survey identified widespread sea floor disturbance throughout the study area and many of the patio markers deployed by the USGS. These results are being used to develop a precise, cost-effective sampling plan for collecting in-situ samples using an ROV. We are seeking the services of a vessel and remotely operated vehicle to implement this plan.

C.2. OBJECTIVES

The objective of this study is to provide an ROV and vessel to collect and provide needed data to support on Investigation of the Blake Plateau.

Specific objectives shall include:

1. Use a ROV to conduct targeted in-situ sampling on the sea floor and collected ancillary environmental data. (Able to operate at depths of up to 1,000 meters).

2. Deliver all collected data with appropriate metadata to the government project team.

C.3. SCOPE OF WORK

Vessel and ROV operations will be conducted within an approximately 20 km x 20 km area on the Blake Plateau that was the site of historic mining activities. The contractor will work closely with government scientists to coordinate the planning operation of the survey, collecting and processing samples and data. Targeted in-situ collection is needed of geological and biological data at locations in both the disturbed areas and control areas. It is expected that 10-days on site with a remote underwater vehicle (ROV) will be required to complete this work. More specific methods and analyses planned are as follows:

Geological Components Seafloor collections: Samples of rocks, including crusts, nodules, pavements, and other lithologies hosting critical minerals, will be collected within the targeted areas.

Seafloor Morphology: High-resolution imagery and mapping over target environments will be used to quantify levels of disturbance from anthropogenic and natural sources and to provide information on the physical environment of undisturbed areas.

Biological Components Environmental Characterization: Water mass characterization (e.g., depth, temperature, dissolved oxygen, nutrients, particulate organic matter) will be conducted around targeted areas. Targeted collection of dominant megafaunal invertebrates (e.g., crustaceans, echinoderms, sponges) and sediment environments.

Population Ecology and Connectivity: Collection of eDNA water samples so that population genetics may be used to address connectivity among these systems and the adjacent seafloor.

Vessel Area, Timing and Duration of Operation

• This survey will be conducted on the Blake Plateau at a site located approximately 225 kilometers transit from Charleston, South Carolina.

• Project dates are approximately April to July 2025. Estimated sea days are 13 days comprising 1 day mobilization and 1 day demobilization, 2 days of transit and 11 days on site (12-hour ROV operations and 24-hour ship operations). The offeror needs to have crew and assets including a mission ready ROV available throughout this time period.

Some scheduling flexibility is expected should the precise cruise dates need to change due to unsafe or unfavorable weather conditions. The offeror needs to clearly communicate such changes as far in advance as possible.

• Offeror shall provide a vessel at their own financial risk and liability—Offeror would need to accommodate integration of and provide berthing space (including all usual associated costs such as meals) for up to 7 additional government science party members chosen by the government. The government science party would be in charge of mission science decision making such as guiding specific geographic site survey and target selection and time spent at sites, type of instrumentation to deploy on ROVs, and similar scientific need-related decisions. All vessel operations and safety at sea would be the responsibility of the ship operator.

Desired Vehicle Capabilities

The following capabilities are desired for the ROV that is needed to conduct this survey:

• Able to operate at depths of up to 1,000 meters.

• Endurance of 12-18 hours with full sensor capabilities operational

• Navigation – USBL with acoustic modem capability or LBL (if rapid transponder deployment and survey-in possible), IMU for bathymetry correction, and DVL/INS

• Speed – capable of operating in high current (2-3 kt) areas.

• Manipulators and payload sufficient to collect samples including water, sediment push cores, sponges, other megafauna, rocks, manganese nodules and sponges (see section

C.3. Scope of work above).

• CTD and imaging capability such as HD,4K video or still photos.

Desired Ship-Based Sampling Support Capabilities

• Provide related scientific sampling technical support (e.g. survey techs, science/lab management, preservation/storage services, etc.) to support government scientists.

• A ship-based CTD with niskin bottles for collecting discrete water samples and data at specific depths.

Desired Data Delivery Requirements.

• Post-dive corrected navigation, including time, position, depth and altitude recorded at least 1 Hz.

• Raw and processed (may include imagery, initial bathymetry grids, etc.) data available during cruise to facilitate dive planning

• Final data products delivered within 30 days of the end of cruise, including all necessary metadata.

The Specific Tasks are as follows:

C.3.1. Task 1. Draft Survey Plan

The Contractor shall prepare a Draft Field Plan (DSP) for submittal one (1) day prior to the Post-

Award Meeting. In the draft DFP, the Contractor shall clearly and concisely describe survey responsibilities, any proposed subcontracting arrangements, communication and coordination, record keeping, and scheduling of all tasks, subtasks, meetings, and deliverables. The Contractor shall discuss its procedures for managing the survey, criteria for assuring quality and acceptability of the deliverables, and details regarding the schedule and coordination of this project. The Contractor shall also discuss plans for ensuring successful completion of individual tasks on time, on budget, and of the highest quality. The draft survey plan must describe the area, timing and duration of the survey, scientific payload and data deliverables (see C.3.2 below).

The Contractor’s Project Manager (PM) shall have sufficient authority to serve as the point of contact with BOEM and to provide leadership to the project team. The PM shall coordinate the execution of all tasks in the project and will be responsible for all deliverables, budget control and quality assurance for all products, compliance and adherence with the schedule of the task order, in addition to ensuring that all personnel work cooperatively to achieve the goals of the requirement. This project requires multiple interactions with BOEM to ensure that these research efforts will best meet BOEM’s needs.

C.3.2. Task 2. Draft Final Survey Plan

The contractor shall submit a final survey plan at a date determined during the kickoff meeting.

The Final Survey Plan shall include adjustments and input provided by the government project team.

C.3.3 Task 3. ROV Survey

The contractor shall perform a survey with their vessel and ROV to collect the data and samples described in the section C.3. Scope of Work.

C.3.5 Task 4. Delivery and Management of Data

Within 30 days of the completion of the survey all data collected from the underwater vehicle will be delivered.

With regard to data, the following specifications must be adhered to:

C.3.4.1. Formatting Requirements. All products generated by this task order shall be submitted in accordance with Section 2.4. BOEM report formatting specifications can be found at http://www.boem.gov/Environmental-Stewardship/Environmental-Studies/Environmental-

Studies-Program-Report-Specifications.aspx.

Please see http://www.boem.gov/Environmental-Studies-Program-Report-Specifications/ for

Specifications for Reports, Specifications for Technical Summaries, Specifications for Mission

Statements, Specifications for Machine-Readable Deliverables, and the Federal Register Air

Quality Rule.

C.3.4.2. Access of Digital Reports by Individuals with Disabilities. 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. Deliverables such as digital reports (e.g. PDF files) to be placed on the web (either on the agency's web server or the company's), video footage, or other digital data such as CD-ROMs to be distributed, are subject to Section 508 guidelines. Simplified, this means that digital files need to be formatted so that they are "readable" by assistive technology devices such as screen readers.

http://www.boem.gov/Environmental-Stewardship/Environmental-Studies/Environmental-Studies-Program-Report-Specifications.aspx http://www.boem.gov/Environmental-Stewardship/Environmental-Studies/Environmental-Studies-Program-Report-Specifications.aspx http://www.boem.gov/Environmental-Studies-Program-Report-Specifications/

C.3.4.3. Data Control and Utilization. The Contractor shall ensure all data are processed, stored, and can be made available as needed. The Contractor shall consider and include metadata for all data types and formats. For example, non-geographic metadata could include field and data analysis manuals. For geographic data, the Contractor shall conform to the

Content Standards for Digital Geospatial Metadata (FGDC-STD-001-1998) as published on

May 1, 2000, by the Federal Geographic Data Committee (FGDC) or to any format that supersedes it as determined by the FGDC, https://www.fgdc.gov/metadata/csdgm/. Profiles and extensions to the standard that have been endorsed by the FGDC shall be used if they are applicable to the data or data products. The metadata records shall contain any and all elements, including those that are considered optional, wherever applicable to the data or data product. The metadata record shall contain sufficient detail to ensure the data or data product can be fully understood for future use and for posterity. The metadata records shall be delivered free of errors in both content and format as determined by the metadata parser (mp) program developed by the United States Geological Survey or an equivalent. The metadata and records will be subject to review and approval prior to the final acceptance by the

Government.

References

Jones DOB, Amon DJ, Chapman ASA. 2018. Mining Deep-Ocean Mineral Deposits: What are the Ecological Risks? Elements 14:225-330 https://www.fgdc.gov/metadata/csdgm/

SECTION D

PACKAGING AND MARKING

D.1 All deliverables submitted under the contract shall be prepared and packaged in a cost-effective manner equivalent to standard commercial quality. Elaborate art work, expensive paper and bindings are neither necessary nor desired.

D.2 Unless otherwise directed by the CO, if not hand delivered or electronically delivered by the

Contractor, all reports shall be delivered by First Class mail or regulated package carrier. The cost of delivery by more expensive means will be denied unless approval is obtained in advance from the CO.

D.3 All paper deliverables shall meet at least the minimum requirements for post-consumer recycled content, set forth in the Environmental Protection Agency’s (EPA’s) Comprehensive

Procurement Guidelines (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program).

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

SECTION E

INSPECTION AND ACCEPTANCE

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/far .

CLAUSE TITLE

52.246-1 Contractor Inspection Requirements (Apr 1984)

52.246-X Applicable Inspection Clause

E.2 INSPECTION AND ACCEPTANCE

Inspection of the supplies/services provided hereunder shall be made by the COR or any

Inspectors designated by the CO. The place of inspection of reports required under this contract shall be at the addresses for deliverables set forth in Section F of this contract. Final acceptance of supplies/services shall be made by the COR designated in Section F.6.

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.

• Accuracy - Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

• Clarity - Work Products shall be clear and concise. Any/All diagrams shall be easy to understand and be relevant to the supporting narrative.

• Consistency to Requirements - All work products must satisfy the requirements of this contract.

• File Editing - All text and diagrammatic files shall be editable by the Government.

• Format - Work Products shall be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission. Hard copy formats shall follow any specified

Directives or Manuals.

• Timeliness - Work Products shall be submitted on or before the due date specified in this contract or submitted in accordance with a later scheduled date determined by the

Government.

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.

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

SECTION F

DELIVERIES OR PERFORMANCE

F.1. TERM OF THE CONTRACT

The period of performance (POP) of the resultant contract is from date of award through twelve

Months (12) months thereafter. The POP shall encompass all tasks from initial planning through

BOEM’s final acceptance of all deliverables. The Contractor shall deliver all required deliverables in accordance with Sections C, E, and F. This will be a one-time survey with approximately 10 days at sea, pre-survey planning and post survey data delivery. The survey is not expected to take 12 months; however, additional time is provided due to possibilities in the ship not departing on time due to unforeseen circumstances such as hurricanes, storms etc., that could occur at departure time.

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

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

52.242-15 Stop-Work Order (Aug 1989)

F.3 PLACE OF PERFORMANCE

All work under this contract shall be performed at the Contractor’s facilities.

F.4 MEETINGS, REPORTS AND OTHER DELIVERABLES

The Contractor is responsible for editing and proofreading all material in order to prepare products as error free as possible prior to their delivery to the BOEM. All reports shall be written as non-proprietary, releasable by BOEM to the public either through posting on the

BOEM webpage or by other means unless stipulated elsewhere in the contract.

The following deliverables shall be submitted and meetings held in accordance with the schedules specified in Section F.5.

F.4.1 Post-Award Meeting Agenda and Draft Survey Plan (DSP) (Deliverable 1)

The Contractor shall attend a Post-Award Planning Meeting as soon as possible after contract award but no later than fourteen (14) calendar days after award. The Contractor shall provide a meeting agenda, Draft Survey Plan (DFP) that includes a plan on how all data will collected and managed to the Contracting Officer (CO) and Contracting Officer’s Representative (COR) at least three (3) days before the post-award meeting. The Contractor shall present the draft DSP, including the purpose of the project, the scope, roles and responsibilities of the contractor project team, the deliverables, the risks, the assumptions, the planned effort, and a scheduled time frame for completion. No changes to the terms or conditions, deliverables, or schedule of the contract are authorized unless approved by the CO via a modification to the contract. This meeting will be held virtually.

Contractor shall provide to all participants the following documents:

1. Meeting agenda;

2. Draft Survey Plan for QA/QC of data collected, data reduction, and analyses procedures; and

F.4.2 Post-Award Meeting Summary and Final Survey Plan (FSP) (Deliverable 2)

The Contractor shall prepare and submit a meeting summary detailing the discussions of technical and managerial issues and any mutually agreed-to decisions within two (2) weeks following the meeting. The Contractor shall adhere to the FSP as reviewed by the government following the post-award meeting.

F.4.3 Monthly Status Meetings and Summaries (Deliverable 3)

The Contractor shall host via teleconference Progress Meetings monthly with the COR and project team to discuss the status of the project, any issues that have arisen regarding the specific tasks or other requirements in this SOW, quality control, changes in personnel, budget, invoices, deliverables, or schedule for deliverables. These meetings shall allow for efficient communication of any relevant issues and shall ensure that the project is proceeding according to

BOEM’s requirement. The Contractor shall be responsible for documenting the call discussion, including all BOEM decisions and action items for the project team. The call notes should not be a verbatim of the call, but instead capture high-level discussions via bullets. A meeting summary and monthly progress email shall be submitted within three (3) calendar days of each meeting.

The meeting summary shall include the following:

F.4.3.1 A summary, by task, of all work performed during the month and overall progress made against the schedule;

F.4.3.2 A summary of any significant technical, schedule, or cost problems encountered during the quarter, including an assessment of their probable effects on meeting contract terms and conditions;

F.4.3.3 A summary of any resolutions agreed to between contractor and BOEM regarding the issues or problems identified;

F.4.3.4 A list of all significant meetings held or other contacts made in connection with the project during the quarter, including a brief summary of the participants and subject, date, location, and outcome of each such contact or meeting; and

F.4.5.5 An updated project schedule, if applicable.

F.4.4 Conduct Field Surveys (Deliverable 4)

The contractor shall complete a ROV survey conducted targeted sampling of the study area within disturbed as well as surrounding undisturbed seafloor to serve as a control. The contractor shall follow the final survey plan (FSP) and collect all data as described in Section C.

F.4.5 Submission of Data and Metadata (Deliverable 5)

The Contractor shall submit all raw and processed data products collected during the survey including bathymetric data, seafloor acoustic backscatter or side scan sonar data, sub-bottom profiler data, digital imagery, environmental sensor data (e.g., turbidity, salinity, fluorescence, magnetometer data). Each data product will be supplied with metadata sufficient to describe data collection and post-processing steps.

The BOEM and designated reviewers, shall have at least (30) days to review the Data and

Metadata. The Contractor shall address all corrections, comments, and recommendations, and resubmit if needed.

Data shall be non-proprietary, releasable by the BOEM to thepublic either through posting on the

BSEE webpage or by other means.

F.5 CORRESPONDENCE

All correspondence shall be clearly marked with the Contract number on the first page. Emails pertaining to this Contract shall include the contract number on the subject line.

F.6 SCHEDULE AND DISTRIBUTION OF DELIVERABLES AND MEETINGS

The Contractor shall edit and proofread all material in order to prepare error-free products prior to their delivery to BOEM. Deliverable products shall be submitted to the addresses shown in

Section F.7 in accordance with the following schedule

Item

No.

Deliverable Due Date Distribution

Post-Award Meeting

Agenda, Draft Field

Plan (F.4.1)

Within fourteen (14) days of contract award

One (1) digital copy to the CO, DES, COR, ESP, USGS, NOAA via email.

2 Post-Award Meeting

Summary and Final

Field Plan (F.4.2)

Within one (2) weeks of Post-

Award Planning Meeting

One (1) digital copy to the USGS, DES, NOAA, ESP, CO and

COR via email.

3 Monthly Status and

Coordination Meetings and Summaries (F.4.3)

Monthly via teleconference beginning from award.

Summaries shall be submitted within three (3) calendar days of each meeting via email.

One (1) digital copy to the USGS, NOAA, ESP, DES, CO and

COR via email.

8 Field Survey (F.4.4) To be determined

9 Delivery of Final Data

(F.4.5)

Within 30 days of completion of field survey.

One (1) digital copy to the USGS, NOAA, ESP, DES, CO and

COR via email.

F.7 ADDRESSES FOR DELIVERABLES

Contracting Officer's Representative Contracting Officer [CO]

[COR]

TBD

BOEM ESP Representative [ESP]

USGS Representative [USGS]

NOAA Representative [NOAA]

Chief (DES)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 ADMINISTRATIVE POINTS OF CONTACT

G.1.1 Contracting Officer: The Contracting Officer (CO) for this effort is as follows:

To be determined at the time of award

G.1.2 Contracting Officer’s Representative: The Contracting Officer’s Representative

(COR) for this effort is as follows:

To be determined at the time of award

G.2 DIAR 1452.201-70 – AUTHORITIES AND DELEGATIONS (SEP 2011)

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

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

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

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

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

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

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

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

(d) The Contractor shall comply with the written or oral direction of the Contracting

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

(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

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

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

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the

Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

G.3 CONTRACTOR’S PROJECT MANAGER

The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as sub-contractor efforts, used in performance of this contract. The

Contractor’s management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained herein. The Contractor’s Project Manager (PM) shall facilitate Government-Contractor communications. The PM shall be the primary technical and managerial interface between the

Contractor and Government. The Contractor’s designated Project Manager for this contract is:

(To be provided by Offeror as part of their proposal).

The Contractor’s designated PM for this contract shall have the authority to make any no-cost contract technical decision, or special arrangements regarding this contract. The designated PM, in addition to being professionally capable, shall be vested with sufficient authority to ensure the timely and competent accomplishment of all work required under this contract.

The Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager or a designated representative shall meet with the COR to discuss problem areas as they occur. The Project Manager, or designated representative, shall respond within four hours after notification of the existence of a problem. The Project Manager, and all designated representatives, shall be able to fluently read, write, and speak the English language.

G.4 INVOICING REQUIREMENTS

Invoices, after acceptance of all deliverables by the Government, may be submitted through the Invoicing Processing Platform (IPP), in accordance with the instructions provided in Section G.4.1 below.

G.4.1 DOI-AAAP-0028 V03 ELECTRONIC INVOICING AND PAYMENT

REQUIREMENTS—INVOICE PROCESSING PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U.S. Department of the

Treasury’s Invoice Processing Platform System (IPP).

”Payment request“ means any request for contract financing payment or invoice payment by the

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

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

IPP invoice:

• Documentation required by FAR 32.905(b)

• A copy of the Partial Delivery Payment Schedule in Section B.3 of the contract with each invoice, to be billed monthly.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in System for

Award Management [SAM]) will receive enrollment instructions via email from the Federal

Reserve Bank of Boston (FRBB) 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 ippgroup@bos.frb.org or phone (866) 973-3131.

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

G.4.2 PAYMENT FREQUENCY

Payments will be made for deliverables submitted by the Contractor and accepted by the

Government in accordance with Section B.3 of the contract and G.4.1 above.

G.5 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.6 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(Dec 2015)

1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor

Performance Assessment Reporting System (CPARS) to comply with this regulation.

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

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html

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

CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance

Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

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

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

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

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

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

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

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting

“Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day

15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

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

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

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

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

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

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

https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/

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

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 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), BSEE. This includes advertising, or similar promotions in all forms or electronic, broadcast and print media.

(b) In addition, the Contractor is restricted from reproducing the image(s) of the DOI/BSEE in any form of commercial advertising, or similar promotion. 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 CO.

H.2 PRINTING

The Contractor shall not engage in, nor sub-contract for, any printing (as that term is defined in

Title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract provided, however, that performance of a requirement under this contract involving the reproduction of less than 5,000 production units of any one page, or less than 25,000 production units in the aggregate of multiple pages, will not be deemed to be printing. A production unit is defined as one sheet, size

8 and 1/2 × 11 inches, one side only, and one color.

H.3 CONTRACTOR CONFLICT OF INTEREST

(a) It is the policy of the DOI 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 sub-contractors 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 the 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 CO.

(c) Absent a written approval of a Conflict of Interest Mitigation Plan from the CO, 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 clause 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 sub-contracts and consultant agreements; however, sub-contractors and consultants shall be directed to send any mitigation plan to the Contractor who shall then inform the CO.

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

H.4 NON-DISCLOSURE AGREEMENT

No Contractor employees may start work under this order until they have signed the required non-disclosure statement (See Attachment 1).

During the period of performance of the contract, the Contractor might acquire access to confidential data, which is the sole property of the DOI and/or BOEM. The Contractor agrees to sign, and have its personnel sign a non-disclosure agreement, and to maintain the confidentiality of all such data and to not disclose any data, interpretations of, and/or derivatives of, such data to any unauthorized party without the express written approval of the CO. The Contractor hereby agrees to include this clause in all sub-contracts or consulting agreements relating to work under this contract, and further agrees to have its employees and sub-contractor employees sign a “non-disclosure” agreement to be retained by the CO.

The Contractor shall maintain in strictest confidence all information received from the

Government and other parties in association with this contract unless expressly authorized otherwise by the Government. The Contractor shall share such information only with employees, contractors, and sub-contractors having a need to know the information in the performance of their duties under this contract.

Information made available to the Contractor by the Government pertaining to this contract shall be used only in the performance or administration of the contract and shall not be used in any other way without the written consent of the CO. The Contractor agrees to assume responsibility for protecting the confidentiality of materials that the Government or other parties submit to the

Contractor that are not to be made available to the public. In making available or disclosing such information to the Contractor or its agents the Government and other parties will state in writing that the information is to be maintained as confidential. The Contractor shall inform all entities to whom such information is made available or disclosed to enable performance under this contract that the information may be disclosed only for the purposes of performing under this contract and in accordance with its terms.

Performance of the tasks under this contract may require the Contractor to access and use information that is proprietary and of such a nature that its dissemination or use, other than in the performance of these tasks, would be adverse to the interests of the Government or others. The

Contractor and Contractor personnel shall not divulge or release such proprietary information until it is made public by the Government (exceptions may be made for disclosing data to authorized Government personnel or in other cases in which the CO gives written approval to do so). The Contractor shall not use, disclose, or reproduce proprietary information that bears a restrictive label or legend other than as required for performance of the tasks under this contract.

Nothing in this Statement of Work shall preclude the use of any information independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the

Government between the Contractor and the information owner that provides greater rights to the

Contractor.

All information received, processed, evaluated, loaded, or created as a result of this contract shall remain the sole property of the Government unless specific exception is granted by the CO.

If the Contractor is uncertain about the availability or proposed use of information provided by the Government and other parties under this contract, the Contractor will consult with the COR regarding the handling and use of that information.

H.5 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 these 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 the contract, delay will be attributed to the Contractor. Although the period of performance may change due to delay, the price may be subject to a downward adjustment.

(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.

H.6 PERSONNEL REQUIREMENTS

H.6.1 KEY PERSONNEL

Certain skilled experienced professional and/or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as “Key Personnel” and are those persons whose resumes were submitted and identified by the contractor as “Key Personnel”. The following individuals are considered to be essential to the work being performed under this purchase order:

NAME POSITION

TO BE COMPLETED AT TIME OF AWARD BASED UPON CONTRACTOR’S

PROPOSED KEY PERSONNEL

H.6.2 SUBSTITUTION OF KEY PERSONNEL

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

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

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

(d) All requests for substitutions shall be in writing unless otherwise agreed to by the CO and shall include a complete resume for the proposed substitute and any other information required by the

CO to permit effective evaluation of the proposed substitution’s qualifications.

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

H.6.3 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 direction of the

Contractor’s Project Manager as described in the section above.

H.7 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.