B08_BAA_E17PS00120.Final_FBO_Copy.pdf
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- Alternative Boom Designs Federal contract opportunity
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- E17PS00120
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Solicitation Number E17PS00120
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 GENERAL INSTRUCTIONS
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.
This solicitation contains a model standard contract format, which includes terms, conditions, and clauses that are anticipated to be included in contracts that are awarded as a result of this
Request for Proposal (RFP). However, specific terms, conditions, and clauses included in the resulting contracts may vary due to the specific circumstances of each award.
B.2 CONTRACT TYPE
The contract type is firm-fixed-price.
B.3 CONTRACT LINE ITEM NUMBER
The specific details and descriptions of the Contract Line Item Number (CLIN) are described below:
CLIN # Description Total Amount
00010 Statement of Work(Firm-Fixed-Price) $TBD*
CLIN 00010 is a firm-fixed-price line item with a period of performance specified in Section F.
The effort under CLIN 00010 shall be accomplished in accordance with the Statement of Work in Section C.
B.4 PARTIAL DELIVERY PAYMENT SCHEDULE
Payment will be made to the Contractor based upon delivery and acceptance of the tasks performed as shown in the table below:
Payment No. Deliverable(s) / Milestone (s) Payment Amount
1 [To be proposed by Offeror] $TBD*
2 $TBD*
3 $TBD*
TOTAL CONTRACT VALUE $TBD*
* = TBD. This amount is to be determined upon award based upon the price accepted by the
Government.
SECTION C
DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
[To be completed at time of award based upon the Offeror’s proposed technical approach contained in the Technical Proposal.]
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. The CD-ROMs, if required, shall be labeled. The labels shall include the project title, Contractor name, and BOEM contract number. Elaborate art work, expensive paper and bindings are neither necessary nor desired.
D.2 Unless otherwise directed by the Contracting Officer, all reports shall be delivered by First
Class mail. The cost of delivery by more expensive means will be denied unless approval is obtained in advance from the Contracting Officer.
D.3 All paper deliverable shall meet at least the minimum requirements for post-consumer recycled content, set forth in EPA’s Comprehensive Procurement Guidelines (CPG).
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 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
Clause Title
52.246-7 Inspection of Research and Development—Fixed-Price (Aug 1996)
E.2 DELIVERABLE GENERAL ACCEPTANCE CRITERIA
Each deliverable under this Statement of Work will meet the following:
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.
Format – Work products shall be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission. Hardcopy formats shall follow any specified Directives or Manuals.
Timeliness – Work products shall be submitted on or before the due date specified herein or submitted in accordance with later scheduled date determined by the
Contracting Officer.
Scientific Integrity-Work products must meet the DOI Scientific Integrity Policy posted on http://www.doi.gov http://www.doi.gov/
SECTION F DELIVERIES
OR PERFORMANCE
F.1 TERM OF THE CONTRACT
The period of performance (POP) of this contract is [to be completed at the time of contract award]. The project period shall encompass all tasks from initial planning, through and including BSEE’s final acceptance of all deliverables. The Contractor shall deliver all required deliverables in accordance with Sections C, E, and F of this contract.
F.2 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
52.242-15 Stop-Work Order (Aug 1989)
F.3 PLACE OF PERFORMANCE
Work will be performed at the Contractor’s location. Teleconferences and in-person meetings will be coordinated between the Contractor and the Contracting Officer’s Representative as necessary.
F.4 MEETINGS, REPORTS, AND OTHER DELIVERABLES
The following deliverables shall be submitted and meetings held in accordance with the schedules specified in Section F.6. 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 BSEE. At a minimum, the following items shall be included in the proposed effort:
F.4.1 Kick-off Meeting
Both parties will mutually agree upon the specific date, time, and location of the kick-off meeting.
The Contractor shall provide an agenda to BSEE at least one week prior to the meeting. The intent of this meeting is to initiate the communication process between the Government and the
Contractor by introducing key participants and explaining their roles, reviewing communication ground rules, and assuring a common understanding of requirements and objectives, goals, constraints, policies, expected benefits, other relevant background information, and discussing near-term deliverables. A summary of the meeting will be submitted to BSEE within two weeks from the date of the meeting.
http://www.acquisition.gov/far
F.4.2 Data, Analyses, Technology tool(s)
The Contractor shall deliver a copy of generated resulting data, data analysis (es), and any generated computational analyses tools for future evaluations. These items may be submitted electronically.
F.4.3 Monthly Progress Meetings
The Contractor shall host via teleconference Monthly Status Meetings at a time agreed to by the
Contractor and the COR. These meetings shall be held as deemed necessary by the COR to assure continuity and/or timeliness, once a month at a minimum but not more frequent than weekly.
F.4.4 Monthly or Bi-Monthly Status Reports
The Contractor shall submit short status reports either monthly or bi-monthly. These reports shall be brief, but of sufficient detail to demonstrate progress made against the initial schedule of work. A summary of any significant problems encountered during the preceding period, including an assessment of their probable impact on the Contractor’s performance and statements of corrective actions taken or proposed shall be included.
F.5 DRAFT FINAL REPORT
The Contractor shall prepare a draft copy of the Final Report documenting the results of all efforts undertaken during this project. The report will include tests that were performed during the demonstration at the Ohmsett facility. The report will also include recommendations on further enhancement of the sensor based on the testing results. The draft report is due at least 30 days before the end of the period of performance and shall follow American Psychological Association
(APA) style formatting.
F.6 FINAL REPORT
The Contractor shall deliver three (3) hard copies and three (3) CDs/DVDs containing both (.pdf and .doc) electronic formats of the Final Report. The final report shall follow APA style formatting. All comments received from BSEE on the Draft Final Report shall be addressed by the contractor, either by incorporating them into the Final Report, or explaining why they were not incorporated.
Any data sets including computational fluid dynamics models created as a result of this work shall be included as a separate file on the delivered CDs/DVDs. These data sets shall not be locked or protected in anyways as to restrict them from being used in future analyses.
The Final Report shall be written as a non-proprietary report, releasable by the BSEE to the public either through posting on the BSEE webpage or by other means.
Final Presentation and Closing Meeting
The Contractor shall prepare and submit a PowerPoint presentation summarizing the findings and achievements of the project in accordance with the Contractor’s proposal. The presentation shall be delivered by at least the Primary Investigator at BSEE’s Sterling, VA location. Other key personnel should participate in person, or via teleconference or videoconference.
F.7 SCHEDULE AND DISTRIBUTION OF DELIVERABLES AND MEETINGS
Deliverable products shall be submitted to the addresses shown in Section F.7 in accordance with the following schedule:
DELIVERABLE /
MEETING
DISTRIBUTION DUE
[To be completed at time of award based upon the Offeror’s proposed deliverables.]
F.8 ADDRESSES FOR DELIVERABLES
COR - Contracting Officer's Representative Kristi McKinney
45600 Woodland
Sterling, VA 20166
Phone: 703-787-1655
Email: Kristi.McKinney@bsee.gov
CO – Contracting Officer Charles Cernat
45600 Woodland
Sterling, VA 20166
Phone: 703-787-1339
Email: Charles.Cernat@bsee.gov mailto:Kristi.McKinney@bsee.gov mailto:Charles.Cernat@bsee.gov
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:
Bureau of Safety and Environmental Enforcement (BSEE)
45600 Woodland Road
Sterling, VA 20166
Attn: Charles Cernat
Phone: 703-787-1339
Email: Charles.Cernat@bsee.gov
G.1.2 Contracting Officer’s Representative: The Contracting Officer’s Representative
(COR) for this effort is as follows:
Bureau of Safety and Environmental Enforcement (BSEE)
45600 Woodland Road
Sterling, VA 20166
Attn: Kristi McKinney
Phone: 703-787-1655
Email: Kristi.McKinney@bsee.gov
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;
mailto:Kristi.McKinney@bsee.gov
(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 subcontractor efforts, used in performance of this contract. The
Contractor’s management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained herein.
The Contractor shall provide a Project Manager to facilitate Government-Contractor communications. The Project Manager shall be the primary 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 Project Manager for this contract shall have the authority to make any no-cost contract technical decision, or special arrangements regarding 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 PAYMENTS
G.4.1 DOI-AAAP-0028 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:
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.
Contractor assistance with enrollment can be obtained by contacting the IPP Production
Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
G.4.2 INVOICE FREQUENCY
Invoices shall be submitted in accordance with the deliverable schedule in Section B.4 .
https://www.ipp.gov/ mailto:ippgroup@bos.frb.org
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.
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.
http://www.cpars.gov/ http://www.cpars.gov/ http://www.cpars.gov/ http://www.cpars.gov/
d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting
“Accept the Ratings and Close the Evaluation”.
e) Your response is due within 60 calendar days after receipt of the CPAR. On day
15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
6) The following guidelines apply concerning your use of the past performance evaluation:
a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.
8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
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), Bureau of Safety and Environmental Enforcement (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 Contracting Officer.
H.2 PRINTING
The Contractor shall not engage in, nor subcontract for, any printing (as that term is defined in
Title I of the Government Printing and Binding Regulations in effect on the effective date of 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 x 11 inches, one side only, one color.
H.3 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, its employees, subcontractors and teaming arrangement partners, shall not engage in any communication regarding any aspect of performance of this contract with any person or entity described in paragraph (a) above without express permission from the
Contracting Officer. Failure to comply with this provision may be cause for termination of this award for default.
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 Contracting Officer and the Contracting Officer’s Representative(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 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.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.
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:
[To be completed at the 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 direct of the
Contractor's Project Manager as described in the section above.
H.7 DISSEMINATION OF INFORMATION DEVELOPED
There shall be no dissemination or publication, except within and between the Contractor and any subcontractors of information developed under this contract or contained in the reports to be furnished pursuant to this effort without prior written approval from the Contracting Officer and
Contracting Officer Representative during the period of performance of this contract.
H.8 DISCLOSURE OF DATA PRODUCED
The Contractor shall not divulge or release data or information developed, collected or generated in the performance or this effort, until made public by the Government, except to the following:
authorized Government personnel, within and between the Contractor and any subcontractors, or upon written approval of the Contracting Officer.
The Contractor will be authorized to issue news releases and to reproduce, publish, and disseminate data first produced in contractual performance, but not until after written approval is obtained from the Contracting Officer. Sponsorship by the Bureau of Safety and Environmental Enforcement
(BSEE) shall be acknowledges in all such cases by the Contractor.
Raw data collected or generated during the performance of this contract shall not be released to anyone without the written approval of the Contracting Officer during the period of performance of this contract.
H.9 PAPERWORK REDUCTION ACT OF 1995 (PRA)
Under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et. seq.), a collection of information means, the obtaining, causing to be obtained, soliciting, or requiring the disclosure to an agency, third parties, or the public, of information by or for an agency by means of identical questions posed to, or identical reporting, recordkeeping, or disclosure requirements imposed on, ten or more persons. Collection of information includes any requirement or request for persons to obtain, maintain, retain, report, or publicly disclose information. Therefore, BSEE, or its designated representative, may not conduct or sponsor, and a person or company is not required to respond to, a collection of information unless it displays a currently valid OMB Control
Number. Such collections require OMB approval regardless of whether it is mandatory, voluntary, or required to obtain or retain a benefit.
BSEE has determined that for this contract, the contractor shall NOT collect information from ten or more persons.
A collection of information may be in any form or format, including the use of report forms;
application forms; schedules; questionnaires; surveys; reporting or recordkeeping requirements;
contracts; agreements; policy statements; plans; rules or regulations; planning requirements;
circulars; directives; instructions; bulletins; requests for proposal or other procurement requirements; interview guides; oral communications; posting, notification, labeling, or similar disclosure requirements; telegraphic or telephonic requests; automated, electronic, mechanical, or other technological collection techniques; standard questionnaires used to monitor compliance with agency requirements; or any other techniques or technological methods used to monitor compliance with agency requirements.
H. 10 STATEMENT OF DISCLAIMER
(a) The Contractor shall place the appropriate disclaimer clause on the first printed page of the draft final report and the final report.
(1) Draft Final Report. "Thisdraft final report has not been reviewed by the Bureau of Safety and Environmental Enforcement
(BSEE), nor has it been approved for publication. Approval, when given, does not signify that the contents necessarily reflect the views and polici es of the
BSEE, nor does mention of the tradenames or commercial products constitute endorsement or recommendation for use."
(2) Final Report. "Thisfinal report has been reviewed by the BSEE and approved/or publication. Approval does not signify that the contents necessarily reflect the views and polici es of the BSEE, nor does mention of the trade names or commercial products constitute endorsement or recommendationfor use."
(b) Acknowledgment of Sponsorship. In addition to the above information, the Contractor shall acknowledge Federal Sponsorship in the Draft Final Report and the Final Report by placing the following statement on the title page of both reports:
"This study was funded by the Bureau of Safety and Environmental Enforcement (BSEE), U.S. Department of the Interior, Washington, D.C., under Contract xxxxx."
H.10 SCIENTIFIC INTEGRITY
Scientific integrity is vital to the Department of Interior (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 post to http://www.doi.gov.
SECTION I
CONTRACT CLAUSES
I.1 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
FAR Clauses: https://www.acquisition.gov/far
DIAR Clauses: http://www.doi.gov/pam/programs/acquisition/pamareg.cfm
52.202-1 Definitions (Nov 2013) 52.203-3 Gratuities (Apr 1984)
52.203-5 Covenant Against Contingent Fees (May 2014)
52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006)
52.203-7 Anti-Kickback Procedures (May 2014)
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
(May 2014)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (May 2014)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform
Employees of Whistleblower Rights (Apr 2014)
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
(May 2011)
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct
2016)
52.204-13 System for Award Management Maintenance (Oct 2016)
52.204-18 Commercial and Government Entity Code Maintenance (July 2016)
52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (Oct 2015)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
52.215-2 Audit and Records—Negotiation (Oct 2010)
52.215-8 Order of Precedence--Uniform Contract Format (Oct 1997)
52.219-8 Utilization of Small Business Concerns (Oct 2014)
52.219-28 Post-Award Small Business Program Representation (Jul 2013)
52.222-3 Convict Labor (Jun 2003)
52.222-21 Prohibition of Segregated Facilities (Apr 2015)
52.222-26 Equal Opportunity (Apr 2015)
52.222-35 Equal Opportunity for Veterans (Oct 2015)
52.222-36 Equal Opportunity for Workers with Disabilities (July 2014)
52.222-37 Employment Reports on Veterans (Feb 2016) http://www.doi.gov/pam/programs/acquisition/pamareg.cfm
52.222-40 Notification of Employee Rights Under the National Labor Relations Act(Dec 2010)
52.222-50 Combating Trafficking in Persons (Mar 2015)
52.222-54 Employment Eligibility Verification (Oct 2015)
52.223-6 Drug-Free Workplace (May 2001)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
(Aug 2011)
52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)
52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan ( Aug 2009)
52.227-1 Authorization and Consent (Dec 2007)(Alt I & Alt II 1984)
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)
52-227-11 Patent Rights-Ownership by the Contractor (May 2014)
52.227-14 Rights in Data—General (May 2014)
52.227-17 Rights in Data—Special Works (Dec 2007)
52.229-3 Federal, State, and Local Taxes (Feb 2013)
52.232-2 Payments under Fixed-Price Research and Development Contracts (Apr 1984)
52.232-8 Discounts for Prompt Payment (Feb 2002)
52.232-17 Interest (May 2014)
52.232-23 Assignment of Claims (May 2014)
52.232-25 Prompt Payment (Jul 2013)
52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Jul 2013)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
52.233-1 Disputes (May 2014)
52.233-3 Protest after Award (Aug 1996)
52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)
52.243-1 Changes – Fixed Price (Aug 1987)
52.243-1 Changes – Fixed Price - Alternate V (Apr 1984)
52.244-6 Subcontracts for Commercial Items (Jan 2017)
52.246-23 Limitation of Liability (Feb 1997)
52.249-2 Termination for Convenience of the Government (Fixed-Price) (Apr 2012)
52.249-9 Default (Fixed-Price Research and Development) (Apr 1984)
52.252-2 Clauses Incorporated by Reference (Jun 1988)
I.2 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (Apr 1984)
As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause.
I.3 DEPARTMENT OF THE INTERIOR ACQUISITION REGULATION (DIAR)
The contract clause set forth in the following paragraphs of the Department of the Interior
Acquisition Regulation (DIAR) are incorporated in this contract with the same force and effect as though set forth herein in full text. The designated clauses are incorporated as they appear in the DIAR on the date of this contract, notwithstanding the date referenced.
1452.203-70 Restriction on Endorsements – Department of the Interior (Jul 1996)
1452.215-70 Examination of Records by the Department of the Interior (Apr 1984)
SECTION J
LIST OF ATTACHMENTS
ATTACH. NO. TITLE NO. OF PAGES
1 Contractor Employee Non-Disclosure Agreement 1
2 Past Experience/Past Performance Reference Information Form 2
SECTION K
REPRESENTATIONS, CERTIFICATIONS, AND
OTHER STATEMENTS OF RESPONDENTS
K.1 ON-LINE REPRESENTATIONS AND CERTIFICATIONS
Federal Acquisition Regulation (FAR) 4.12 requires Offerors to submit representations and certifications electronically. Prospective contractors are required to complete, in conjunction with the Central Contractor Registration database, electronic annual representations and certifications at: http://orca.bpn.gov. Vendors should also keep in mind that ORCA-completed representations and certifications are considered part of the vendor's bid or offer anytime ORCA-completed representations and certifications are used. Any one-time changes to these representations and certifications would also be considered to be part of the bid or offer.
K.2 FAR 52.204-8 – ANNUAL REPRESENTATIONS AND CERTIFICATIONS (Jan
2017) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541620.
(2) The small business size standard is 15.0M.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the
Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
□ (i) Paragraph (d) applies.
□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part
13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or http://orca.bpn.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137583 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP13.html#wp271421 https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP13.html#wp271421
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain
Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal
Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—
Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the
Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal
Opportunity.
https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137684 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1150648 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137777 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137850 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1149919 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144766 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144909 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146404 https://www.acquisition.gov/sites/default/files/current/far/html/52_214.html#wp1129381 https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144523 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135900 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135943 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147663 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147704 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711
(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive
Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed
$500,000, which are issued after April 24, 2017.
Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at
52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction
Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–
Representation. This provision applies to solicitation that include the clause at 52.204-7.
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate.
(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at
52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—
Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148142 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1168958 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168785 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168786 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168786 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168826 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1197892…
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