B08_M17PS00064_Geotechnical_Departure_Guidelines.pdf

M17PS00064

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

0040352681

1 43

45600 Woodland Road, VAE-AMD Sterling VA 20166-9216

BOEM-HQ

BOEM Environ Br for Renew Energy

45600 Woodland Road, VAM-OREP

Sterling

VA 20166-9216

Charles Cernat

08/31/2017 1400 ET

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

This Request for Quote (RFQ): M17PS00064 is issued in accordance with the Federal Acquisition Regulation (FAR) Part 13. Please refer to sections 1-6 for more information about this project. Questions shall be submitted No-Later-Than 08/24/2017 2:00 p.m. ET to Charles.Cernat@bsee.gov. The close date is 08/31/2017 2:00 p.m. ET.

00010 Study: Geotechnical Departure Guidelines

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 2 of 43

SECTION 1

PRICING

1.1 GENERAL

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

(BSEE) on behalf of the Bureau of Ocean Energy Management (BOEM), is issuing this competitive Request for Quote (RFQ) for the project entitled, “Geotechnical Departure

Guidelines.” This acquisition will be conducted in accordance with the Federal Acquisition

Regulation (FAR) Part 13, Simplified Acquisition Procedures (SAP).

1.2 ANTICIPATED AWARD TYPE

The Government anticipates awarding a Purchase Order on a Firm Fixed Price (FFP) basis.

1.3 LINE ITEM PRICING

The specific details and descriptions of the Line Items are described below. The offeror shall provide fill-in information as part of the quote:

ITEM DESCRIPTION QTY UNIT TOTAL AMOUNT

00010 The Contractor shall provide all 1 JB $_____________ services and supplies necessary to complete the requirements under

Section 2, Statement of Work (SOW).

CLIN 00010 is a Firm Fixed Price (FFP) line item with a period of performance as specified in

Section 3. The effort under CLIN 00010 shall be accomplished in accordance with the SOW in

Section 2.

1.5 PARTIAL DELIVERY PAYMENT SCHEDULE

Payments shall be made upon delivery and acceptance of the deliverables 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:

Payment

No.

Deliverable / Milestone Payment Amount

1 * *

2 * *

3 * *

TOTAL FIRM FIXED PRICE *

[* = Offeror(s) shall propose a payment schedule as part of its quotation included in the Price submission]

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 3 of 43

SECTION 2

STATEMENT OF WORK

STUDY: GEOTECHNCIAL DEPARTURE GUIDELINES

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.

Current BOEM regulations 30CFR 585.626(a)(4) require submittal of a full geotechnical survey of a proposed facility in the Construction Operations Plan (COP). The geotechnical survey must include the results of adequate in situ testing, boring, and sampling at each foundation, and deep borings at each edge of the project area and as needed to define the vertical and lateral variation of the seabed conditions and to provide relevant geotechnical data required for project design.

The COP also requires a geologic survey, which typically includes a geophysical survey. The geotechnical survey data is used to ground truth the geophysical survey data and together the surveys are used to prepare a geologic model of the site, define the sediment conditions, and assess shallow and geologic hazards.

This requirement has been and is expected to be the subject of a request for departure by Wind

Energy Area lease owners for various reasons, including:

1. A company may have to incur the significant cost of a full geotechnical survey before

BOEM approves a project design included in a COP, and most likely before a project is fully financed.

2. Performing the full investigation at each foundation location could result in the need for additional surveys later on if the project design changes after COP submittal. This is likely to occur since the COP review by BOEM can take as much as 24 months and offshore wind technology is rapidly changing. For example, switching to a larger turbine size to provide more efficiency and lower overall energy costs could require a change in

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 4 of 43 turbine location because of wake effects.

3. Performing a geotechnical survey in stages provides the level of information needed appropriate to the level of design as the project develops. A preliminary survey can provide sufficient information for preliminary design and layout. Then the final survey can be planned more appropriate, or customized, for the type and dimensions of the selected foundation and other components.

4. Performing geotechnical surveys in stages is customary for European offshore wind farms and for other types of large scale industrial development projects.

2.2 PURPOSE

The granting of a departure from the full geotechnical survey requirement of the COP requires an evaluation and decision by BOEM as stated in 30 CFR 585.103. The departure must be considered necessary to facilitate the project, as well as ensure worker safety and protect the environment.

Currently there are no guidelines to assist BOEM in determining whether a departure request meets these regulatory requirements. If a departure from the full geotechnical survey requirement is requested, the lease holder will likely propose a staged geotechnical survey. The scope of a preliminary survey will need to be evaluated to determine if the other COP requirements as well as the departure requirements can still be met. These other COP requirements would include assessment of the geologic hazards, ground truthing of the geophysical surveys, and providing the geotechnical parameters for preliminary design.

The purpose of this study would be to prepare guidelines to assist BOEM in making a decision on such a departure request, and on approving the scope of a staged geotechnical survey. This would be an independent third party evaluation that would balance the regulatory and industry needs. Recognizing that each project will have different details and requirements, the guidelines should be specific enough to allow decisions to be made in an unbiased manner based on the project details and also meet the regulatory intent while providing for more cost effective and efficient projects. However rigid prescriptive guidelines that do not allow flexibility are not favored.

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

2.3 GOALS AND OBJECTIVES

This goal of the study is to provide guidelines to assist BOEM in the review of proposed departure requests with respect to the level of geotechnical investigations to be provided with the

COP.

This study includes the following objectives:

1) Review and assessment of current BOEM regulations regarding COP submittal and geotechnical investigation requirements with respect to current standards and industry

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 5 of 43 practice regarding geotechnical investigations for offshore renewable energy projects. .

2) Development of appropriate methodology or theories to support the granting of a departure while providing the required information for the COP that will allow for

BOEM review and approval without negative impacts on future development.

3) Submittal of a report of guidelines based on the above research that will inform and provide BOEM recommendations on how to review geotechnical investigation departure requests that will still provide adequate information for fulfilling the other COP requirements.

The analysis methodology should incorporate domestic and international knowledge from private industry, academic experts, and government agencies like the Department of Defense (DoD), United States Geologic Survey (USGS), and NOAA. It may be beneficial to work with organizations that have experience in offshore renewable energy development in Europe to incorporate lessons learned. However the analysis should make sure to consider the relatively limited amount of geotechnical data currently available in the US OCS, (other than the Gulf of

Mexico), compared to the North Sea and other European wind farm locations.

2.4 SCOPE OF WORK

2.4.1 Task 1 – Review Existing Regulations and Standards

The current regulations included in 30 CFR 585.626 shall be reviewed as to the geotechnical investigation requirements of the COP. Guidelines for Providing Geophysical, Geotechnical and

Geohazard Information Pursuant to 30 CFR 585 prepared by BOEM dated July 2015 should also be reviewed. BOEM does not specific what standards are to be applied to geotechnical investigations or other aspects of the design of offshore wind turbines, but does approve standards proposed by the developer in the COP as part of the nomination of a Certified

Verification Agency (CVA). These standards could include those developed by API, IEC, or

CVAs such as DNVGL or ABS. These standards that discuss geotechnical investigations should also be reviewed and compared to BOEM regulations and guidelines.

2.4.2 Task 2 – Develop Methodology

Based on the above reviews, and experience from previous offshore wind farm developments, a methodology shall be developed to provide a means of assessing a departure request and the level of preliminary geotechnical investigation that would still meet the needs of the COP. This should include a thorough discussion of the various factors involved, such as geologic conditions, foundation types, and current technologies of investigation and foundation construction. Differences between shallow water Atlantic sites and deep water Pacific sites should be addressed, as well as the advanced level of existing geotechnical data in the Gulf of

Mexico due to oil and gas development.

2.4.3 Task 3 – Preparation of Guidelines

The findings and recommendations shall be documented in a written report that includes graphics, tables, and charts as necessary to provide clear direction on the goals of the project.

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 6 of 43

Specific geotechnical investigation requirements for actual Wind Energy Areas (WEAs) are not to be included.

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 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 below.

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

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 7 of 43 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 1-3 (Sections 2.4.1-3), the Contractor shall prepare a draft report as specified in Section 2.8 and submit to the BOEM within twelve

(12) 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, evaluations, and analyses employed or generated in the fulfillment of the contract requirements;

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

c) Discuss and recommend guidelines in detail and the rationale behind the recommendations;

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

The Contractor shall be familiar with the BOEM’s regulatory responsibilities so that the recommended guidelines 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.

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 8 of 43

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 the Task Order Number on the first page. Email pertaining to this award shall also be copied to the COR and CO and shall include the award number on the subject line.

2.7 SCHEDULE OF DELIVERABLES

Deliverable products shall be prepared in MS Word format, unless otherwise noted below, and submitted to the addresses shown in Section 2.9 in accordance with the schedule below. All emails must include the year of award followed by the last five digits of the contract number as the beginning entry in the Subject Line.

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

Meeting should be scheduled as soon as possible, but not to exceed four (4) weeks after award.

Written Meeting Summary may be submitted via email within two (2) weeks after the meeting.

2.6.2. Monthly

Progress Reports

COR – one (1) copy

CO – one (1) copy copy of summary

Shall be submitted by email after completion of each proposed tasks; concurrently with vouchers.

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 seven (7) 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

The Contractor shall deliver three (3) hard copies and five (5) CDs (containing both electronic (.pdf and .doc) formats) of the Final Report nine (9) months after award date.

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 9 of 43

Deliverable

Distribution

Due Date copy

CO-- Copy of transmittal letter

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.

•Scientific Integrity-Work products must meet the DOI Scientific Integrity Policy posted on http://www.doi.gov

2.9 SCIENTIFIC INTEGRITY STATEMENT

Scientific integrity is vital to Department of Interior (DOI) activities under which scientific research, data, summaries, synthesis, interpretations, presentations, and/or publications are developed and used. Failure to uphold the highest degree of scientific integrity will result not only in potentially flawed scientific results, interpretations, and applications but will damage

DOI’s reputation and ability to uphold the public’s trust. All work performed must comply with the DOI Scientific integrity Policy posted to http://www.doi.gov, or its equivalent as provided by their organization of State law.

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 project. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by the COR, CO and/or by other representatives designated by the CO http://www.doi.gov/ http://www.doi.gov/

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 10 of 43 under task order. 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 project. 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 (CO) Charles Cernat

Bureau of Safety and Environmental Enforcement, Mail Stop VAE-AMD

45600 Woodland Rd., Sterling, VA 20166

Phone: 703-787-1339

Email: charles.cernat@bsee.gov

Contracting Officer’s Representative

(COR):

*To be completed at time of award

Chief, Division of Environmental Sciences

[DES]:

U.S. Department of the Interior

Bureau of Ocean Energy Management

Division of Environmental Sciences

45600 Woodland Road, Mailstop VAM-OEP

Sterling, VA 20166-9216

Email: environmentalstudiesprogram2@boem.gov

Division of Environmental Sciences -

POC

*To be completed at time of award mailto:charles.cernat@bsee.gov mailto:environmentalstudiesprogram2@boem.gov

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 11 of 43

SECTION 3

GENERAL TASK ORDER TERMS AND CONDITIONS

3.1 TYPE OF ORDER

A Firm Fixed Price (FFP) Purchase Order is anticipated.

3.2 PERIOD OF PERFORMANCE

The period of performance (POP) is anticipated to be 9 months from date of award. The project period shall encompass all tasks from initial planning, through and including BOEM’s final acceptance of all deliverables.

3.3 PLACE OF PERFORMANCE

Performance of the work will occur at 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:

U.S. Department of the Interior

Bureau of Safety and Environmental Enforcement

Charles Cernat

45600 Woodland Rd., Mail Stop VAE-AMD, Sterling, VA 20166

Phone Number: 703-787-1339

Email: charles.cernat@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 DIAR 1452.201-70 – AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The CO 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 CO will designate a 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.

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 12 of 43

(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 CO 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 CO 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 CO's response issued under paragraph (e) of this clause.

(e) The CO 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 CO 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 CO or the

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

3.6 CONTRACTOR PERSONNEL

3.6.1 Key Personnel

(a) The contractor agrees to assign those persons identified about and who are necessary to fulfill the requirements of the Task 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 Task

Order shall be mutually agreed upon by the contractor and the Government and will be specified in the Task Order. During the first 90 calendar days of the Task 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:

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 13 of 43

(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 Task Order performance.

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

Task Order:

NAME POSITION

[To be completed at time of award based upon Key Personnel proposed by Offeror]

3.6.2 Contractor Conflict of Interest

(a) It is the policy of the Department of the Interior to avoid contract/Task Order 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 to obtain an impartial, technically sound and objective performance of this contract.

(b) Any request to waive the terms of this provision shall be directed in writing to the CO and shall include a full description and justification of the requested waiver.

(c) The Contractor, the PM, or any of its officers or representatives, shall not be involved in any situation during the performance of this Task Order 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 must disclose any interest which may develop after Task Order award that may result in his placement in conflicts as contemplated in paragraph (a) above. Failure to comply with this provision may be cause for termination of this order 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 CO as described in (a) above.

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 14 of 43

3.6.3 Non-Personal Services

This Task Order is a “non-personal services order” as defined in FAR 37.101 under which the personnel rendering the services are not subject, either by the order’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the

Government and its employees.

Personnel assigned to render services under this Task Order shall at all times be employees of the

Contractor (or a subcontractor) and under the direction and control of the Contractor.

Notwithstanding any other provisions of this order, the contractor shall at all times be responsible for the supervision of its employees in the performance of the services required hereunder.

The Contractor and/or the contractor’s employees: (1) shall perform the services specified herein as an independent contractor, not as employees of the government; (2) shall be responsible for management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the CO, or the duly authorized representative of the CO, as is necessary to ensure accomplishment of the order objectives.

If the contractor finds clarification necessary with respect to the scope of services to be performed or the manner in which the services are to be performed hereunder, the contractor shall request clarification from the CO in writing.

Employees of the Contractor (or a subcontractor) must make clear, in dealings with the public, federal employees, or other contractors, that they are not federal employees. To minimize possible confusion, the Contractor’s (or subcontractor) employees are not permitted to wear clothing or other items, apart from the official identity credential, bearing the name, logo, or seal of the Bureau of Ocean Energy Management while performing work under this order.

3.6.4 Contractor 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 the 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 (PM) to facilitate Government-Contractor communications. The PM shall be the primary technical and managerial interface between the

Contractor and CO and COR. The contractor’s Project Manager shall meet with the COR as necessary to maintain satisfactory performance and to resolve other issues pertaining to the contract. A mutual effort shall be made at these meetings to resolve any and all identified

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 15 of 43 problems. Written minutes of the meetings shall be prepared by the contractor and signed by the contractor’s designated PM.

3.7 DATA ADMINISTRATION

A data administration system shall be used to ensure continuous evidence of data possession and control with signatures, dates, times, and location of the data being noted.

3.8 DATA USE, DISCLOSURE OF INFORMATION, AND HANDLING OF

SENSITIVE INFORMATION

The Contractor shall maintain, transmit, retain in strictest confidence, and prevent the unauthorized duplication, use, and disclosure of information. The Contractor shall provide information only to employees, Contractors, and subcontractors having a need to know such information in the performance of their duties for this project.

Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the CO.

If public information is provided to the Contractor for use in performance or administration of this effort, the Contractor except with the written permission of the CO may not use such information for any other purpose.

If the Contractor is uncertain about the availability or proposed use of information provided for the performance or administration, the Contractor will consult with the COR regarding use of that information for other purposes.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records which are not public information. Each employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

Each employee shall sign the non-disclosure agreement form as provided at Attachment 1, and the Contractor shall submit the signed form to the CO prior to the employee’s information access.

Performance of this effort may require the Contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorized Government personnel or upon written approval of the CO. The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 16 of 43 independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner that provides for greater rights to the Contractor. All data received, processed, evaluated, loaded, and/or created as a result of this Task Order shall remain the sole property of the Government unless specific exception is granted by the CO.

3.9 RELEASE OF INFORMATION

No release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this effort shall be made without the prior written approval of the CO.

3.10 PAYMENTS

3.10.1 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: Documentation required by FAR 32.905 (b)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of 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.

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

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 17 of 43

3.10.2 PAYMENT FREQUENCY

Payment will be made in accordance with the partial delivery payment schedule in Section 1.5 upon Government’s acceptance of the established deliverables/milestones.

3.11.3 Information Security

The term “sensitive information” means any information which warrants a degree of protection and technical, operational, and administrative control as defined by DOI or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United

States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as For Official Use Only (FOUO) and shall include other unclassified information and proprietary data (The protection of classified information is beyond the scope of this clause. If any work on classified information is required under this contract, it is addressed under other Task Order clauses). The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive or proprietary by the DOI shall be protected as instructed by BOEM in accordance with the magnitude of the loss or harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the data. All provisions of this clause also apply to all subcontractors that are performing under this contract.

3.11.4 Non-disclosure Agreement

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

During the period of performance of the contract, the Contractor might acquire access to confidential data, which is the sole property of the Department of the Interior and/or BOEM.

Each contractor agrees to sign, and have its personnel sign a non-disclosure agreement, and to maintain the confidentiality of all such data and to not disclose any data, interpretations of, and/or derivatives of, such data to any unauthorized party without the express written approval of the CO. The Contractor hereby agrees to include this clause in all subcontracts or consulting agreements relating to work under this contract, and further agrees to have its employees and subcontractor employees sign a “non-disclosure” agreement to be retained by the CO.

The contractor shall maintain in strictest confidence all information received from the government and other parties in association with this contract unless expressly authorized otherwise by the Government. The contractor shall share such information only with employees, contractors, and subcontractors having a need to know the information in the performance of their duties under this contract.

Information made available to the contractor by the government pertaining to this contract shall be used only in the performance or administration of the contract and shall not be used in any other way without the written consent of the CO. The contractor agrees to assume responsibility

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 18 of 43 for protecting the confidentiality of materials that the government or other parties submit to the contractor that are not to be made available to the public. In making available or disclosing such information to the contractor or its agents the government and other parties will state in writing that the information is to be maintained as confidential. The contractor shall inform all entities to whom such information is made available or disclosed to enable performance under this contract that the information may be disclosed only for the purposes of performing under this contract and in accordance with its terms.

Performance of the tasks under this contract may require the contractor to access and use information that is proprietary and of such a nature that its dissemination or use, other than in the performance of these tasks, would be adverse to the interests of the government or others. The contractor and contractor personnel shall not divulge or release such proprietary information until it is made public by the government (exceptions may be made for disclosing data to authorized government personnel or in other cases in which the CO gives written approval to do so). The contractor shall not use, disclose, or reproduce proprietary information that bears a restrictive label or legend other than as required for performance of the tasks under this contract.

Nothing in this SOW shall preclude the use of any information independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the government between the contractor and the information owner that provides greater rights to the contractor.

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

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

3.14 SECTION 508 OF THE REHABILITION 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 or the company’s), video footage, or other electronic data such as CD-ROMs to be distributed, are subject to Section 508 guidelines. Simplified, this means that PDF files need to be formatted so that they are “readable” by assistive technology devices such as screen readers. Video footage must be closed captioned.

CD-ROMs which contain HTML, PDF, or word processor files must be accessible.

3.15 FAR 52.217-8 OPTION TO EXTEND SERVICES (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The

Contracting Officer may exercise the option by written notice to the Contractor within 10 days.

RFQ No. M17PS00064 Study: Geotechnical Departure Guidelines Page 19 of 43

3.16 FAR 52.252-6 – AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

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

3.17 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

(a) Definitions. As used in this clause–

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive

Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent…