RFQ_M15PS00026.pdf

Solicitation No. M15PS00026

SECTION 1

PRICING

1.1 GENERAL INFORMATION

This acquisition is being conducted in accordance with FAR Subpart 13 – Simplified Acquisition

Procedures. Under this Request for Quote (RFQ), the United States Department of the Interior

(DOI), Bureau of Safety and Environmental Enforcement (BSEE), on behalf of the Bureau of

Ocean Energy Management (BOEM), anticipates awarding a Firm Fixed Price Purchase Order for the services outlined in Section 2, Statement of Work. The North American Industry

Classification System (NAICS) code for this acquisition is 541360.

1.2 LINE ITEM / PRICING

The specific details and description of the Line Item is described below:

CLIN DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE

0001 Geophysical Surveying and 1 JOB $__________* $__________*

Mapping Services for the effort as described in Section 2, Statement of Work

CLIN 0001 is a Firm Fixed Price (FFP) line item inclusive of all the necessary labor and material required to complete the effort as described in Section 2, Statement of Work (SOW). This effort under Contract Line Item Number 0001 above shall be accomplished in accordance with the

Government’s Statement of Work and the Technical Quote that will be incorporated by reference at the time of award. [* = Offeror shall include this amount in the price quote.]

1.3 PARTIAL DELIVERY PAYMENT SCHEDULE

Payment shall be made once the following deliverables have been received and accepted by the

Government in accordance with FAR Clause 52.232-1, Payments. A payment arrangement based upon partial deliverables whereby payments are made for distinct portions of the work completed by the Contractor and accepted by the Government is detailed below. If the Offeror is a small business, a performance based payment schedule may be utilized with a 10% withholding fee per milestone.

Milestone Completion Date Amount Payable

1 * * *

2 * * *

3 * * *

4 * * *

Total Purchase Order Amount

[* = Offeror shall provide a payment schedule as part of its quote in the Price Submission-Volume II of the quote.]

SECTION 2

STATEMENT OF WORK

GEOPHYSICAL AND GEOTECHNICAL INVESTIGATION METHODOLOGY

ASSESMENT FOR SITING RENEWABLE ENERGY FACILITIES ON THE

ATLANTIC OUTER CONTINENTAL SHELF

2.1 BACKGROUND

The 1953 Outer Continental Shelf Lands Act (OCSLA) and its subsequent amendments require the Secretary of Interior to balance the nation’s energy needs with the protection of the human, marine, and coastal environments, while ensuring that the concerns of coastal states and competing users are taken into account. The Bureau of Ocean Energy Management (BOEM), a bureau within the U.S. Department of the Interior (DOI), has jurisdiction over all mineral resources on the Federal Outer Continental Shelf (OCS), and is charged with conducting OCS lease sales as well as monitoring and mitigating unwelcome impacts that might be associated with resource development.

In 2005, the Energy Policy Act (EPAct) amended Section 388 of the OCSLA, giving the

Secretary discretionary authority to issue leases, easements, or rights-of-way for renewable energy projects on the OCS. Under this new authority, the BOEM may issue leases on the OCS for potential renewable energy projects including, but not limited to, wind energy, wave energy, ocean current energy, solar energy, and hydrogen production. The BOEM recognizes that new and future uses of the OCS, including renewable energy development, should be managed in a deliberate and responsible manner, keeping both the nation’s energy needs and concerns for the marine environment in mind.

BOEM regulations that govern the development of renewable energy projects require a site investigation that identifies shallow hazards, geologic hazards, biological conditions, geotechnical properties, and archaeological resources. The required site investigation information is typically collected through geophysical surveys and geotechnical investigations.

The resulting data is then analyzed and used to determine site conditions and identify cultural resources, sensitive habitats, and hazards. Because offshore renewable energy is a new and developing industry in the United States, there are few guidelines, aside from those produced by

BOEM, that provide guidance to developers on how to best manage the complex task of collecting geophysical and geotechnical data that will be sufficient for producing the required site characterization information and reports.

2.2 PURPOSE

This study will investigate a variety of methodologies and equipment choices for providing an assessment of geologic, geohazard, and geotechnical site conditions as well as cultural resource identification for an offshore renewable energy project in federal waters. The project will focus on the collection, processing and analysis of geophysical and geotechnical data that would support the submission of a Construction and Operations Plan consistent with regulations listed in 30 CFR §585.626 and §585.627.

The report should analyze a variety of methodologies, equipment choices, and survey schedules and include detailed analysis of the benefits and drawback for each method. The analysis should include regional site conditions found near identified wind energy areas (WEA) in the Atlantic, as well as generalized foundation designs such as standard monopile foundation, suction bucket, and anchors associated with floating wind turbines.

BOEM will incorporate relevant report findings into guidance documentation and suggest potential applicants and developers use the findings when developing survey plans.

2.3 GOALS AND OBJECTIVES

The goal of this study is to provide an analysis of multiple geophysical and geotechnical methodologies and equipment choices for the collection of sufficient site characterization information consistent with BOEM regulations. The analysis should consider regional conditions found near active renewable energy leases and BOEM wind energy planning areas in the Atlantic OCS, a variety of survey schedules, and multiple foundation designs. The locations of active renewable energy leases and BOEM wind planning areas can be found on the BOEM website and at www.marinecadastre.gov.

This study includes the following objectives:

1) Analyze the benefits and risks to a variety of geophysical survey schedules and approaches.

2) Analyze a number of geotechnical investigation schedules and methods for data collection.

3) Make best practice recommendations for geophysical equipment and equipment combinations based on site conditions, achievable data resolution, and facility design requirements.

4) Make best practice recommendations for geotechnical investigations based on site conditions and facility design requirements.

5) Produce a guidebook for widely available equipment listing the expected results (e.g.:

resolution, penetration depths, swath widths, and other limiting factors) based on the general understanding of site conditions (sediment type, water depth, etc.) near active renewable energy leases and BOEM wind energy planning areas in the Atlantic OCS.

The contractor will use 30 CFR §585.626 and §585.627 and published BOEM guidelines to define the requirements for the site characterization investigation scenarios. The analysis methodology should incorporate domestic and international knowledge from private industry, academic experts, and government agencies like the United States Geological Survey (USGS) and National Oceanic Atmospheric Administration (NOAA). It may be beneficial to work with organizations that have experience in offshore renewable energy development in Europe to incorporate lessons learned and understand the range of European expectations for site

G&G%20Methodology%20Study/Solicitation/www.marinecadastre.gov characterization data collection.

2.4 SCOPE OF WORK

2.4.1 Task 1 Analyze the benefits and risks to a variety of geophysical survey schedules and approaches

The geophysical methodology analysis should investigate a number of geophysical survey scenarios and include the following;

a single geophysical field effort scenario where best efforts are made to collect all the required data streams at the most restrictive line spacing a number of phased survey scenarios that consist of multiple, targeted, and purpose driven geophysical field efforts generalized project foundation design scenarios such as monopile/jacket, gravity based/suction bucket, and anchorages for floating wind turbines

An analysis of the maximum depth below the foundation where the engineering properties of the sediments may affect the facility design.

The geophysical methodology analysis should include discussion about data types, data limitations, merging data, multi-purpose data usage, and data processing bottlenecks and optimization. The report should point out instances where a single data set can be used for multiple assessments and instances where targeted data collection is necessary. Data resolution, penetration, and other factors that can limit using data to satisfy multiple requirements should be discussed in detail. Analysis will include the benefits and drawbacks to collecting data in subsequent surveys including an assessment of data types that can be merged if collected during separate field efforts, and the quality control measures that hinder merging.

The report should discuss survey specific parameters such as expected line spacing, data resolution, and penetration depths based on the equipment used in each scenario. Required subsurface sediment investigation depths will vary depending on the proposed foundation design and scenarios with customized equipment choices should be presented for at least 3 generalized foundation designs 1) monopile/jacket 2) gravity based/suction bucket, and 3) anchorages for floating wind turbines.

Data processing is an often undiscussed survey parameter. The analysis needs to include a discussion regarding data processing bottlenecks, and optimization methods for each scenario.

The analysis of geophysical methodologies should take into account the general understanding of site conditions (sediment type, water depth, etc.) near active renewable energy leases and BOEM wind energy planning areas in the Atlantic OCS. Active renewable energy leases and BOEM wind energy planning areas may be grouped together into a single geologic scenario if the general site conditions and geologic history are similar.

2.4.2 Task 2. Analyze benefits and risks for geotechnical investigation schedules and methods.

The analysis of geotechnical investigation methodologies should review benefits and risks associated with a variety of options for data collection including:

a single geotechnical investigation multiple phased geotechnical investigations generalized project foundation design scenarios such as monopile, suction bucket, and anchorages for floating wind turbines

The report should include discussion on a variety of widely used techniques such as; deep borings, piston cores, vibracores, and cone penetrometer testing (CPT) including the data derived from each method, the benefits and drawbacks of each technique, and how to optimize geotechnical investigations based on local conditions and project design. A description of types of available vessels used for each technique. along with their capabilities, advantages and disadvantages should be included.

The report should discuss the means of determining the appropriate number of each type of exploration method (borings, CPTs, etc) for a project.

Required subsurface sediment investigation depths vary depending on the proposed foundation design; scenarios with customized geotechnical investigations should be presented for at least 3 generalized foundation designs 1) monopile/jacket 2) gravity based/suction bucket, and 3) anchorages for floating wind turbines.

The report should include recommended geotechnical parameters to be determined for a project, along with the methods of investigation and laboratory testing needed to develop the parameters.

2.4.3 Task 3. Make best practice recommendations for geophysical equipment and equipment combinations based on site conditions, achievable data resolution, and facility design requirements.

Based on the results of Task 1, the contractor should present recommendations for geophysical equipment choices to collect data that would be consistent with 30 CFR §585.626 and §585.627 for each foundation type analyzed. Best practice recommendations should be presented for the survey schedule, survey design, and data processing.

If the contractor identifies best practices that are not consistent with 30 CFR §585.626 and

§585.627 and/or BOEM guidance documents, the rational and nature of those inconsistences should be detailed as part of this Task.

2.4.4 Task 4. Make best practice recommendations for geotechnical investigations based on site conditions and facility design requirements.

The contractor shall prepare best practice recommendations based on the analysis from Task 2 would be consistent with 30 CFR §585.626 and §585.627 for each generalized foundation type.

Best practice recommendations should be presented for the investigation methodologies and techniques.

If the contractor identifies best practices that are not consistent with 30 CFR §585.626 and

§585.627 and/or BOEM guidance documents, the rational and nature of those inconsistences should be detailed as part of this Task.

2.4.5 Task 5. Guidebook for widely available equipment

The contractor will compile a guidebook of widely available equipment, including all equipment analyzed, listing the expected results based on the general understanding of site conditions near federally identified WEA in the Atlantic OCS. The guidebook will include geotechnical drilling, sampling, and in-situ exploration equipment with working water depth ranges, sediment sample depth capabilities, sample methods, and other relevant information. Geophysical equipment guidebook should comment on anticipated resolution, penetration depths, swath widths, and other limiting factors. The contractor will discuss the equipment by type and technical specifications, taking care not to list trade names. All guidebook information should be specific to site conditions (sediment type, water depth, etc.) near federally identified WEA in the Atlantic

OCS.

2.5 CONTRACT MANANGEMENT

The Contactor shall develop a detailed Project Management Plan (PMP) to achieve the goals and task objectives of this study. The plan will not supplant this Statement of Work, but will explain key aspects about the execution of this project that will involve the discretion of the Contractor.

The Contractor will work closely throughout the project with the BOEM-designated Contracting

Officers Representative (COR) to administer and deliver all appropriate and necessary communications about project activities, deliverables, and time schedules in accordance with

Section 2.4 Scope of Work. The Contractor shall adhere to the PMP for monitoring all aspects of contract requirements.

The contactor shall conduct a kick-off meeting within four weeks of contract award. A meeting summary shall be prepared within two weeks of the meeting. The contractor shall provide monthly status reports that summarize progress made, projected activities for the next month, percentage of budget expended and any problems encountered with conducting the work.

The contactor shall prepare a technical summary and final report according to BOEM contract report standards and as described in section 2.6.

2.6 MEETINGS, REPORTS, AND OTHER DELIVERABLES

The following deliverables shall be submitted and meetings held in accordance with the schedules specified below. The Contractor is responsible for editing and proofreading all material prior to delivery to the BOEM in order to submit products of the highest technical and editorial standard. The Contractor shall establish an effective quality control program to assure that the end product meets professional requirements and submit a Quality Control Plan to the

BOEM.

2.6.1 Post-Award Meeting and Summary

The Contractor shall hold a Kick-off Meeting with BOEM in Sterling, VA, as soon as possible following award, not to exceed two (4) weeks. Travel fees for up to two personnel should be included with the proposal. At least one (1) weeks prior to holding the Kick-off Meeting, the

Contractor shall submit a Quality Control Plan to the BOEM CO and COR. At the Kick-off

Meeting, the Program Management Plan and the Quality Control Plan shall be reviewed and remaining technical or managerial issues shall be resolved. Within two (2) weeks following the meeting, the Contractor shall prepare and distribute to the parties listed in Section 2.8 a summary detailing the discussions and any mutually agreed to decisions. Any agreed to changes that might affect the award are subject to approval in writing by the BOEM CO and COR.

2.6.2 Monthly Progress Updates

The Contractor shall submit monthly progress updates email, or present an alternative method in the proposal. The letters must include, at a minimum: A summary of all work performed during the month; an explanation of overall progress made against the work schedule; a summary of any significant technical, budgetary, or problems encountered during the report period, including an assessment of their probable effects on meeting contract provisions.

2.6.3 Draft Final Report

Upon completion of all requirements outlined in Tasks 1-5 (Sections 2.4.1-5), the Contractor shall prepare a draft report as specified in Section 2.8 and submit to the BOEM within nine (9) months from the contract award date. Using knowledge gained through the literature review, and other data collection and research efforts, the Contractor shall produce a final analysis that, at a minimum:

a) Details all methodologies, techniques, equipment, evaluations, analyses, and interpretations employed or generated in the fulfillment of the contract requirements;

b) Describes the analytical and the information/data used in the effort;

c) Describes and analysis a range of geophysical and geotechnical site assessment methods and approaches to support renewable energy development for at least 3 different foundations designs methods for site specific applicability near federally identified WEAs on the Atlantic

OCS;

d) Describe best practices for of geophysical and geotechnical site assessment activities that support renewable energy development near federally identified WEAs on the Atlantic OCS;

e) Produce a guidebook for widely available geophysical and geotechnical equipment including anticipated results for site conditions found near federally identified WEAs on the Atlantic

OCS;

f) Uses tables, figures, graphics, and maps to clearly illustrate descriptions and discussions.

The Contractor shall be familiar with the BOEM’s regulatory responsibilities so that the recommended best practices are consistent with federal regulations. Any final recommendations shall be fully justified by the analysis. A draft report that requires many changes, corrections, edits, or additions will be deemed unacceptable. If the report is unacceptable, it will be returned to the Contractor for correction and re-submittal, still as a draft report.

2.6.4 Final Report

Within 30 calendar days of the BOEM receiving an acceptable Draft Report and Technical

Summary, the BOEM will review the documents for accuracy and scientific validity and will provide the Contractor with written comments based on the review. The Contractor shall correct all omissions or deficiencies resulting from nonconformance with the contract requirements. The

Contractor shall also make additions, revisions, or corrections relating to data interpretation, judgments, or recommendations that have been mutually agreed upon with BOEM.

If the Contractor does not agree with the BOEM's comments and recommendations, discussions shall be held with the COR to resolve the disagreements. Once all disagreements have been resolved, the Contractor shall submit a written response to the COR as to how the Contractor will address the findings in the final material submitted. This response shall be submitted within thirty (30) calendar days from the date BOEM’s written comments were received. The BOEM will then have fourteen (14) calendar days to either approve or disapprove the response.

2.6.5 Final Presentation

The contractor shall give a presentation of study results at a government office in Sterling, VA., area two weeks after the date of the BOEM receiving the final report. The fee should include travel cost for two personnel. The presentation will include an overview of the study effort, results, and salient points identified during the study.

2.6.6 Correspondence

All correspondence pertaining to this award, whether prepared by, or received by the Contractor, shall have a courtesy copy (with attachments) sent to the COR and CO according to the schedule.

All correspondence shall be clearly marked with purchase order number in the subject line.

2.7 SCHEDULE OF DELIVERABLES

Deliverables shall be prepared in MS Word format, unless otherwise noted below, and submitted to the addresses shown in Section 2.10 in accordance with the schedule below. The Contractor is responsible for editing and proofreading all materials prior to delivery to BOEM in order to submit products of the highest technical and editorial standard. The Contractor shall establish an effective quality control program to assure that the end product meets professional requirements.

Deliverable

Distribution

Due Date

2.6.1. Post-Award

Meeting and

Summary

COR – one (1) digital copy

CO – one (1) digital copy

ESB – one (1) digital copy of summary

The Post-Award Meeting shall be scheduled within one (1) week of award. Post-Award Meeting Agenda shall be coordinated and emailed to the COR at least two (2) days before the meeting. Summary Report will be due one (1) week following Post- Award

Meeting.

2.6.2. Monthly

Progress Reports

COR – one (1) copy

CO – one (1) copy

ESB – one (1) digital copy of summary

Monthly Progress Reports shall be submitted via email by the 15th of the following month by close of business (COB) to assist BOEM in reporting to senior staff..

2.6.3. Draft Final

Report & Technical

Summary

COR-- one (1) digital copy

ESB – one (1) digital copy

CO-- Copy of transmittal letter

The Draft report shall be submitted to BOEM within nine (9) months from date of the award, and shall be reviewed by the government within thirty (30) days of receipt of the document for technical content compliance, and changes shall be made by the contractor within thirty (30) days.

2.6.4. Final

Presentation and

Slides

COR - One (1) digital copy

ESB – one (1) digital copy

Presentation of study results in Washington, D.C., area; within two (2) weeks after submission of final report.

2.6.5. Final Report COR— One (1)

digital copy, three

(3) hard copies and five (5) CD copies

ESB – one (1) digital copy

CO-- Copy of transmittal letter

The Contractor shall deliver three (3) hard copies and five (5) CDs (containing both electronic (.pdf and .doc) formats) of the Final Report twelve (12) months after award date.

2.8 GENERAL ACCEPTANCE CRITERIA

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

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 statement of work.

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 statement of work or submitted in accordance with a later scheduled date determined by the Government.

2.9 QUALITY ASSURANCE

The COR will review, for completeness, 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 work statement. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by COR. The Contractor shall not construe any letter of acknowledgment of receipt material as a waiver of review, or as an acknowledgment that the material is in conformance with this work statement. Any approval given during preparation of the documentation, or approval for shipment shall not guarantee the final acceptance of the completed documentation.

2.10 ADDRESSES FOR DELIVERABLES

Contracting Officer's Representative

[COR]

TBD AT TIME OF AWARD

Contracting Officer [CO]

Herma J. Banks

U.S. Department of the Interior

Bureau of Safety and Environmental

Enforcement

Acquisition Operations Branch

45600 Woodland Rd, VAE-AMD

Sterling, VA 20166

Phone: 703-787-1432 herma.banks@bsee.gov mailto:herma.banks@bsee.gov

SECTION 3

GENERAL TERMS AND CONDITIONS

3.1 SCOPE

A Firm Fixed Price (FFP) Purchase Order shall be issued under the authority of the Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE), on behalf of Bureau of

Ocean Energy Management (BOEM) for the services outlined in Section 2, Statement of Work.

3.2 PERIOD OF PERFORMANCE

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

3.3 PLACE OF PERFORMANCE

The place of performance for this study will be the contractor’s facility.

3.4 ADMINISTRATIVE POINTS OF CONTACT

3.4.1 Contracting Officer: The Contracting Officer (CO) for this effort is as follows:

Herma J. Banks

U.S. Department of the Interior

Bureau of Safety and Environmental Enforcement

Acquisition Operations Branch

45600 Woodland Rd, VAE-AMD

Sterling, VA 20166

Phone: 703-787-1432 herma.banks@bsee.gov

3.4.2 Contracting Officer’s Representative: The Contracting Officer’s Representative (COR) for this effort is as follows:

[TO BE INSERTED AT TIME OF AWARD.]

3.5 INVOICING REQUIREMENT

Invoices shall be submitted no more than once monthly and in accordance with Section 1.3 and

Section 3.6.

mailto:herma.banks@bsee.gov

3.6 DIAPR 2011-4 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: Detail of work performed and task completed.

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 quote or quotation.

3.7 CONTRACTORS QUOTE

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

3.8 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2012)

(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.

https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

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

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

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

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

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

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

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

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

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

Disputes clause of this contract.

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

COR.

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

(End of clause)

3.9 OVERDUE PAYMENTS

3.9.1 The Prompt Payment Act, Public Law 97-177 (96 Stat.85, 31 USC 1801) is applicable to payments under this purchase order and requires the payment of contractors of interest on overdue payment and improperly taken discounts.

3.9.2 Determinations of interest due will be made in accordance with the provision of the

Prompt Payment Act and Office of Management and Budget Circular A-125.

3.10 KEY PERSONNEL

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

NAME POSITION

[TO BE SUBMITTED ALONG WITH THE TECHNICAL QUOTE AND FILLED IN UPON

AWARD]

3.11 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 Contracting Officer (CO) and provide the information required below:

(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 substitutions’ qualifications.

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

3.12 DISSEMINATION OF INFORMATION

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

3.13 STATEMENT OF DISCLAIMER

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

(1) Draft Final Report. “This draft report has not been reviewed by BOEM, nor has it been approved for publication. Approval, when given, does not signify that the contents necessarily reflect the views and policies of the Bureau, nor does mention of the trade names or commercial products constitute endorsement or recommendation for use.”

(2) Final Report. “This report has been reviewed by BOEM and approved for publication.

Approval does not signify that the contents necessarily reflect the views and policies of the

Bureau, nor does mention of the trade names or commercial products constitute endorsement or recommendation for use.”

(b) Acknowledgment of Sponsorship. In addition to the above information, the Contractor shall acknowledge Federal sponsorship in the draft and final reports by placing the followings statement on the title page of both reports:

“Study concept, oversight, and funding were provided by the U.S. Department of the Interior, Bureau of Ocean Energy Management, Environmental Studies Program, Washington, DC under

Purchase Order Number ______________.”

3.14 CONTRACTOR CONFLICT OF INTEREST

(a) It is the policy of the Department of the Interior to avoid contract awards which could create potential conflict of interest. Such a situation could occur in this instance when the Contractor or any Subcontractors 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 of obtaining impartial, technically sound and objective performance of this contract.

(b) Any request for waiver from the terms of this contract provision shall be directed in writing to the Contracting Officer and shall include a full description and justification of the required waiver.

(c) The Contractor, or any of his officers or representatives, shall not involve himself in any situation during 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 of this contract for default.

(d) The Contractor must disclose any interest which may develop after contract award which may result in his placement in a conflicting role with his performance of this agreement. Failure to comply with this provision may be cause for termination of this contract 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 requests for waiver to the Contractor who shall then inform the Contracting Officer as described in (a) above.

3.15 AVAILABILITY OF CLAUSES:

3.15.1 In accordance with FAR 52.252-2, this solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The Contractor shall comply with these clauses unless the circumstances do not apply. Upon request, the Contracting

Officer will make their full text available. The full text of a clause may be accessed electronically at https://www.acquisition.gov/far/.

Clause Title Date Required By

52.212-4 Contract Terms and Conditions – May 2015 12.301(b)(3)

Commercial Items

52.232-40 Providing Accelerated Payments to Small Dec 2013 32.009-2

Business Subcontractors

52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 33.215(b)

3.15.2 The following FAR contract provision or clauses as required by the Federal Acquisition

Regulations are attached hereto in full text.

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (DEVIATION 2015-02) (MAR 2015)

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a

Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the

Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of clause) https://www.acquisition.gov/far/

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CF

R Chapter 1) clause with an authorized deviation isindicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Interior Acquisition

Regulation48 CFR Chapter 14) clause with an authorizeddeviation is indicated by the addition o f “(DEVIATION)” after the name of the regulation.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or

Executive Orders – Commercial Items (May 2015)

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

Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_ X _ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

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_ X _ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) (15 U.S.C. 657 f).

_ X _ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15

U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

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__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_ X _ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_ X _ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014)

(E.O. 13126).

_ X _ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_ X _ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_ X _ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

_ X _ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

_ X _ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

_ X _ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter

78 and E.O. 13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as…