RFP_140D0422R0050_Continuation_Pages_-_Revised_(2)_(1).docx

SECTION I – GENERAL INFORMATION

Requirement Overview. Acquisition Services Directorate (AQD), Interior Business Center, Department of the Interior (DOI) is issuing this Request for Proposal (RFP) on behalf of the Bureau of Indian Affairs (BIA) & the Division of Energy and Mineral Development (DEMD). AQD is conducting this acquisition under the authority of Federal Acquisition Regulation (FAR) Part 13 – Simplified Acquisition Procedures). The estimated Period of Performance (POP) is twelve (12) months.

A single award will be made to the offeror who provides all services listed in the Statement of Work (SOW) at a fair and reasonable price and represents the best value to the government.

AQD will serve as the Administrative Contracting Office.

This is a Full and Open Competition requirement. There are no set-asides for small businesses, Indian Economic Enterprises (IEE), Anticipated Award Type: The Government anticipates an award of a Firm-Fixed Price (FFP) contract.

The associated North American Industrial Classification System (NAICS) code for this procurement is NAICS 541715 – Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology). The Product Service Code for this procurement is AH31 – Natural Resources & Environment R&D Services; Recreational Resources; Basic Research.

REQUIREMENT -

The Interior Business Center (IBC) Acquisition Services Directorate (AQD) is a shared service provider within the Department of the Interior. AQD intends to award a FFP contract to provide a feasibility study for blending hydrogen with propane and, if feasible, provide a proof-of-concept demonstration.

Period of Performance (PoP):

The period of performance consists of a twelve (12) month base period. The anticipated POP is September 30, 2022 – September 29, 2023.

SECTION 2 – Statement of Work (SOW)

1 Background

The Division of Energy and Mineral Development’s (DEMD) mission is to assist Native American tribes and Alaskan villages in developing their natural resources. These resources could be oil, natural gas, minerals, geothermal, solar, wind, water, biomass, and (hydrogen). Many Tribes use propane to heat their homes and businesses. Some of these Tribes own and operate propane distribution companies and other Tribes purchase propane from a local distribution company.

Propane pricing fluctuates seasonally and can be volatile and unpredictable creating an undo burden on tribal members that have limited income and resources. Some have run out of propane during the coldest winter months and suffered freezing conditions and even death.

The DEMD would like to establish a viable and profitable hydrogen production method that is owned and operated by the tribes. This hydrogen could be blended into propane to offset costs, provide a supplemental supply to enhance propane volumes, and to reduce carbon emissions. The hydrogen could be stored then used in fuel cells to produce electricity. The hydrogen could be blended into natural gas pipelines to reduce carbon emissions.

2 Objectives The primary objectives of this study are to reduce carbon emissions, lower the cost of heating fuel, and to provide answers to the following questions below:

2.1 Can hydrogen be blended with propane safely and effectively? If so, how, and when is the blending accomplished?

2.2. Can the end user appliances and equipment safely burn the mixture?

Obtaining a basic set of answers to these hydrocarbon questions is fundamental to lowering risk, increasing project attractiveness, and improving the Tribe’s ability to make informed decisions regarding the value of this resource.

3 Scope

This is a non-personnel services contract to provide a feasibility study for blending hydrogen with propane and, if feasible, a proof-of-concept demonstration. The Government will not exercise any supervision or control over the contract service providers performing the services herein.

4 Tasks

The Contractor will be required to perform an economic feasibility study to establish a go/no-go analysis by discovering any fatal flaws with the concept of blending hydrogen with propane to be used as a heating fuel. The contractor shall furnish all supplies, equipment, facilities, and services required to perform work as identified in the project tasks described below:

4.1 Proof of Concept: The Contractor shall determine if hydrogen can be mixed with propane and used as heating fuel. The hydrogen could be produced from steam methane reformation or electrolysis, with the latter being the preferred method. The hydrogen will be stored and then made available for multiple uses, but primarily for blending with propane regarding this study. Hydrogen is being blending into natural gas (methane) pipelines to reduce the carbon produced from combustion in Europe and Canada. The blends are up to 20% hydrogen with no negative effects such as hydrogen embrittlement. The Department of Energy (DOE) and the National Renewables Energy Laboratory (NREL) are conducting studies to vet the concept in the United States.

4.2 Equipment Compatibility: The Contractor shall address the following equipment compatibility considerations:

4.2.a Determine if hydrogen can be blended into existing propane distribution systems without negative impact to pipe, storage tanks/spheres/bullets, and equipment.

4.2.b Determine the Optimum Operating pressure and temperature for each component.

4.2.c Describe any negative effects on the end user equipment.

4.3 Physical Properties: The Contractor shall address the following considerations pertaining to the physical properties associated with blending hydrogen with propane:

4.3. a Determine what is the optimum level of hydrogen blend in percentage.

4.3. b Indicate how will the heating value will be impacted.

4.3. c Determine what will the flammability range be after blending.

4.3. d Determine vapor pressure and temperature.

4.4 Safety: The Contractor shall address the following safety considerations:

4.4. a Are the safety considerations associated with blending hydrogen with propane different than handling pure hydrogen or a hydrogen/methane blend?

4.4. b Determine the blend’s effect on safety equipment such as hazardous gas monitors, safety pressure relief valves, and measurement/control equipment.

4.4. c Determine if the hydrogen blend will work with the existing mercaptan odorizing systems and be a compatible chemical mixture.

4.4. d Establish the electrical equipment hazardous area classification and the classification rating of the equipment.

4.4. e Determine if the blend poses special handling risks for transportation and storage.

5 Reporting Requirements

5.1 Progress Reports

The Contractor shall provide written reports on a monthly basis. The contractor will invoice on a quarterly basis. These reports shall cover the status of progress towards completion of deliverables, resources expended to date, accomplishments, planned activities for the next reporting period and any other items deemed necessary for discussion.

6. Deliverables Reports and deliverables shall be presented in one electronic copy and two hard copies. Electronic copies may precede hard copies to assist with timely delivery. Acceptance of the deliverable will not be accomplished without hard copy product. Electronic copies are acceptable to be transmitted via e-mail to the Contracting Officer Representative and the Government Program Manager, DOI Contracting Officer and Contract Specialist.

Delivery Schedule and Milestone Dates

Feasibility or fatal flaws Report

Progress Investigation

TBD

Demonstration Model

TBD

Final Demonstration

TBD

Final Report

7. Staffing Requirements for Hydrogen Propane Blending Feasibility and Demonstration The Contractor shall provide overall management of all tasks, subtasks, and deliverables associated with the Statement of Work. Must have expert knowledge of hydrogen and propane regarding the production, handling, distribution and use. The contractor shall have the following minimum qualifications:

· Professional Engineer

· Mechanical Engineer

· Chemical Engineer

· Electrical Engineer

The contractor shall meet these minimum standards:

ASME B31 Series Piping and Pipelines ASME B31.12 Hydrogen Piping and Pipelines ASME STP-PT-006 Design Guidelines for Hydrogen Piping and Pipelines ASME BPVC Boiler and Pressure Vessel Code ASME BPVC Section XII Transportation Tanks ASME PTC 50 Performance Test Code for Fuel Cell Power System Performance ASTM Standards for Testing Hydrogen Embrittlement ANSI Standards for Evaluating Material Compatibility in Compressed Hydrogen Applications Institute of Electrical and Electronic Engineers (IEEE) International Society of Automation (ISA)

NFPA 70

NFPA 2 Hydrogen Technologies Code NFPA 55 Storage, Use and Handling of Compressed Gases and Cryogenic Fluids in Portable and Stationary Containers, Cylinders and Tanks.

Underwriters Laboratories UL 2075 Gas and Vapor Detectors and Sensors NIST Hydrogen Gas - Measuring Devices

8. Travel It is anticipated the Government will travel to the contractor and any applicable subcontractor facilities during the period of performance of this requirement. The purpose of the trips are indicated in the table below:

Travel

Kickoff Meeting

Progress Investigation

Final Demonstration

At minimum, Government anticipated travel will occur for a kick meeting and final demonstration. Additional Government travel to the contractor facility maybe needed during the performance of the effort. Contractor travel is currently not anticipated. If travel is proposed, the proposer must indicate the reason and purpose for the travel and how it will benefit the feasibility study and proof of concept. All travel shall be pre-approved by the Contracting Officer (CO) and the Contracting Officer’s Representative (COR) and shall be in accordance with Federal Travel Regulations (FTR). The contractor will be reimbursed for actual, allowable, allocable, and reasonable travel costs incurred during performance of this requirement in accordance with the FTR currently in effect on date of travel. Receipts or supporting documents are required for Government reimbursement. The above travel amount is a not to exceed cost no fee CLIN.

9. Government Furnished Property (GFP) The Government will not provide Government Furnished Property, Government Furnished Equipment or information.

10. Period of Performance The Period of Performance is September 30, 2022 – September 29, 2023.

11. Place of Performance Work will be performed within the contractor’s facility as determined by the Contracting Officer’s Representative (COR) at the kickoff meeting.

SECTION 3 – PROPOSAL PREPARTION INSTRUCTIONS AND EVALUATION

A. SUBMISSION OF QUESTIONS/PROPOSAL:

RFP DUE DATE: The due date for response to this RFP is on or before 10:00 AM ET August 22, 2022. Each volume shall be clearly marked by Volume Number and Title. The Government reserves the right to not accept proposals received after the closing date and time. It is the responsibility of the Offeror to get their submission in on time and ensure successful delivery to the Government. Submissions shall be e-mailed to Kevin_Woody@ibc.doi.gov.

RFP QUESTIONS: Offerors must submit all technical questions concerning this RFP in writing by e-mail to the Contracting Officer Kevin Woody, at to Kevin_Woody@ibc.doi.gov. All questions must be submitted via e-mail and received no later than 3:00 PM Eastern Time (ET) on August 5, 2022. Acquisition Services Directorate will answer questions and submit the questions and its answers in an amended solicitation via e-mail. Government answers to the questions may affect proposals. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective offerors. The offeror or source of the question will not be referenced when issuing an amendment to the solicitation.

NOTE: Due to email server and pipeline limitations, please limit the size of each email with attachments to 10MB.

ASSUMPTIONS, CONDITIONS, OR EXCEPTIONS: The Offeror must submit, under separate cover, all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of the RFP. If not noted in this section of your proposal, it will be assumed that the offeror proposes no assumptions, conditions or exceptions for award, and agrees to comply with all of the terms and conditions as set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the Offeror’s proposal.

INSTRUCTIONS FOR PROPOSAL PREPARATION: This section provides general guidance for preparing a proposal and specific instructions on the format and content of the proposal in response to this solicitation. The Offeror’s proposal must include all data and information requested and submitted in accordance with these instructions. The Offeror shall follow the requirements as stated in the RFP. Non-conformance with the instructions provided may result in an unfavorable proposal evaluation.

Descriptions of Supplies/Services: The resulting Contract shall provide a DEMD an economic feasibility study to establish a go/no-go analysis by discovering any fatal flaws with the concept of blending hydrogen with propane to be used as a heating fuel. The contractor shall furnish all supplies, equipment, facilities, and services required to perform the work.

The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet these requirements. The Offeror shall assume that the Government has no prior knowledge of their facilities and experience and will base its evaluation on the information presented in the Offeror’s proposal.

Offeror shall submit two volumes: 1) Technical Approach and 2) Price. No pricing information should be included in the technical volume. Any pricing information included in the technical volume will be removed prior to the technical evaluation team receiving the technical proposal. Therefore, any technical information necessary for the Government to perform the technical evaluation must be included in the technical volume.

Your Proposal MUST include the following information on the title page of each volume:

A offeror shall complete and submit only paragraphs (b) of the 52.212-3 provision if the offeror has completed the annual representations and certificates in the System for Award Management (SAM). If an offeror has not completed the annual representations and certifications electronically at the SAM website, the offeror shall complete and submit only paragraphs (c) through (o) of the 52.212-3 provision. Any changes provided by the offeror do not automatically change the representations and certifications posted on the SAM website. For information, refer to http://www.sam.gov.

VOLUME 1 – TECHNICAL Proposal: In response to this RFP, offerors shall submit a technical proposal that contains their proposed solution(s) to the SOW objectives. The technical proposal shall not include a paraphrase of the SOW.

Offerors shall describe their understanding of the requirements of this RFP. The offeror shall provide a detailed narrative description of how they intend to meet all the tasks described in the SOW. The technical narrative must reveal a sound understanding of the scope and direction of work to be performed. Vague statements may be interpreted as evidence of lack of understanding on the part of the offeror or an inability to demonstrate ability to do the work. In addition to the SOW, below items should clearly address the following as part of The Technical Approach:

The Technical Proposal shall also include a Management Approach that includes the resumes of the Key Personnel. Each resume must include their qualifications and specific experience and specific organization experience for previous work of this nature to demonstrate that the proposed individual has the expertise, knowledge, and experience to perform the work.

The following personnel are considered key personnel by the Government: Professional Engineer, Chemical Engineer. Each key personnel are required have expert knowledge of hydrogen and propane.

GENERAL INFORMATION: Technical proposals do not have a page limitations (not including resumes), on standard letter-size paper. All pages shall have a minimum of a 1-inch margin on the top, bottom, left, and right. Font size shall be no smaller than 10-point. Electronic versions of the proposal shall be submitted in Microsoft Word™, Excel™, and Project™, Adobe Acrobat (pdf) as appropriate. The Government will not count the following documents toward the page limit:

· Charts, Tables and Graphs (when on separate pages);

· Letter of Transmittal (cover letter);

· Resumes (each resume should not exceed two pages);

· Title Pages;

· Divider Pages;

· Table of Contents

VOLUME 2 – PRICE: The price proposal shall be separate from the technical proposal for all work identified in the SOW. The price proposal must include a price breakdown which includes not only the total contract price, but also shows the labor categories, hours, and hourly rate, in order to facilitate the Government’s assessment of a fair and reasonable price and performance risk.

Offerors shall submit with their price proposal, listing the applicable labor categories and fixed rates. Fixed rates shall include all costs and fees, including indirect rates and profit.

The price proposal is to be submitted as firm fixed price. The Contractor shall propose a pricing structure in accordance with their proposed technical solution. The Contractor should provide the labor categories, hours and any other associated costs that are the basis for calculating the proposed price of this effort.

ODCs: The Government does not anticipate any Other Direct Costs (ODCs) or proposed contractor travel.

Delivery/Payment Schedule: Offerors shall propose a delivery schedule corresponding to the actual deliverables that will be submitted under the contract. Payments will be made after Government acceptance of the respective deliverable.

The Government reserves the right to request additional information as may be necessary to determine the prospective offeror’s qualifications for an award or to clarify any aspects of the technical or price submissions. Such information shall be furnished promptly upon the government’s request.

B. Evaluation and Award:

The Government's objective is to obtain the highest technical quality considered necessary to achieve the project objectives at a fair and reasonable price which represents the Best Value to the Government. The Government intends to make a single award. Partial proposals will not be accepted.

AWARD INFORMATION: The Government anticipates an award of a Firm-Fixed-Price (FFP) Contract to a single vendor as a result of this RFP.

1. Basis for Award. The Government will fairly consider all proposal received in response to this RFP. The basis for award is as follows:

(a) The Government intends to award this FFP Contract to the responsible Offeror determined most advantageous to the Government and is the best value, price and non-price factors considered.

(b) The Government will award this FFP Contract to the Awardee providing the best value.

(c) The Government will conduct a trade-off analysis that involves the assessment of benefits of superior technical proposal features such as benefits clearly attributable to increased productivity, decreased risk, increased probability of successful Contract performance, and unique, and innovative approaches or capabilities versus the added price.

(d) The Government will not make an award at a significantly higher overall price to achieve a marginal increase in superior technical capability.

(e) The Government reserves the right to make an award to other than the Offeror that provides the lowest overall price if a proposal with a superior technical solution and lowest performance risk provided by an Offeror warrants paying a price premium.

(f) The Overall price to the Government may become the ultimate determining criterion for award of the Contract as proposals become more equal based on non-price factors. The technical factor is more important than price.

2. Non-Price Factor Ratings. The Non-price factor shall be evaluated for this Contract using the confidence ratings cited below:

Low Confidence The Government has little to no confidence that the Offeror understands the requirement, proposes a sound, feasible, practical and appropriate approach, and will be successful in performing the contract. For the purposes of this acquisition, the rating “Low Confidence” means “Technically Unacceptable”.

3. Price. Price will be evaluated separately from all non-price factors. A rating will not be assigned to the evaluation of price.

4. Evaluation Process. The Government intends to award this FFP Contract without exchanges with schedule contract holders. Therefore, a Offeror’s initial offer should contain the best terms and final price reductions. The Government reserves the right to conduct discussions.

(a) Evaluation of Proposals. The Government will evaluate proposals submitted for this Contract in accordance with the evaluation factors to determine the most advantageous proposals to the Government considering non-price and price factors. The Awardee providing the proposal determined by the Government to be the best value will be selected for the award of this Order. Any Offeror that receives a rating of “Low Confidence” in the non-price factor for this Contract shall be removed from further consideration and shall not be eligible for the award of this Contract. Price will not be evaluated if an Offeror is rated “Low Confidence” in the non-priced factor for this Contract. Any proposal submitted for a Contract that does not comply with the RFP submission requirements will not be evaluated and the Offeror will be removed from consideration for the award of this Contract.

(b) Proposers will be notified of the status of their proposal only after all proposals have been evaluated and the awardee for this Contract has been determined.

(c) The Government reserves the right to conduct exchanges with Offerors if necessary.

(d) The Government reserves the right not to make an award if a best value determination cannot be made and it is determined to be in the best interest of the Government.

(e) This RFP in no way obligates the Government to make an award or reimburse the Offeror for any costs incurred in preparing its response to this RFP.

5. Definitions. The following definitions apply for the purposes of this acquisition:

(a) Recent is defined as work performed by the Offeror within the last three (3) years from the closing date of this RFP.

(b) Relevant is defined as work that is similar in scope, size, complexity, and magnitude of the quantity, volume and estimated cost of the work described in this RFP.

(c) Scope is defined as the range of work, skill, and/or tasks that are similar in nature to the requirements identified in this RFP.

(d) Size is defined as the dollar value, number of personnel in similar skill sets and/or number of users supported that are similar in nature to the requirements identified in this RFP.

Contract Evaluation Factors. The Government shall consider one (1) Non-Price Factor and Price.

(a) The evaluation factors are listed below. The non-price factor is more important than the price factor.

Factor 1: Technical Approach

Factor 2: Price

(b) As the non-price merits of competing proposals approach equal, price will become more important in the best value trade-off decision.

(c) The technical factor will evaluate the soundness, feasibility, practicability, and appropriateness of the Offeror’s Technical Approach to successfully perform the requirements of this Contract.

(d) Price.

Factor 1: Technical Approach. The Government will assess its level of confidence that the Offeror will successfully perform the required work based on the Offeror’s proposed Technical Approach performing the requirements outlined in the Statement of Work (SOW).

Each Offeror’s technical proposal will be evaluated to determine if the offeror provides a sound, compliant approach that meets the requirements of the SOW and demonstrates a thorough knowledge and understanding of those requirements.

Vendor shall address the 6 items in the technical section entitled “VOLUME 1 – TECHNICAL,” on page 14 of this RFP.

Offerors shall discuss the labor category descriptions qualifications, education levels, knowledge, and expertise, for each labor category proposed.

This factor evaluates the Contractor’s proposed labor mix contracts the following qualified personnel, professional engineer, mechanical engineer, chemical engineer, electrical engineer. The contractor labor mix shall have expert knowledge of hydrogen and propane regarding the handling, distribution, transportation, and use. The contractor shall also meet the minimum standards listed in Section 7 (page 6) of this RFP.

The technical approach should also address safety requirements when working with hydrogen and propane. The contractor shall have the necessary equipment located on the contractor’s facility (or subcontractor facility) necessary storage takes, piping, etc.

Key Personnel. The Government will evaluate the Key Personnel qualifications and feasibility for the proposed areas of responsibility and positions in relation to the work for which they are proposed to perform. Therefore, resumes submitted for individuals proposed as Key Personnel to perform the requirements of these Tasks Areas are for evaluation purposes only to determine the Offorer’s capability of providing qualified personnel to meet the requirements. The qualifications and appropriateness of the individual key personnel proposed will be evaluated on the following:

· Education. The Government will evaluate the Key Personnel on their relevant education, training, certifications, and/or licenses based on the requirements of outlined in the SOW. All Key Personnel proposed shall have a minimum of a Bachelor’s Degree and expert experience with the commodity.

· Experience. The Government will evaluate Key Personnel on their recent and relevant experience in performing work similar in scope, size, and complexity if applicable. Recent experience for Key Personnel is defined as work performed within the last three (3) years from the closing date of this RFP. Relevant experience for Key Personnel is defined as work performed that is similar in complexity and magnitude of the quantity, volume, and cost of the work described in the SOW.

Price Evaluation - Price Factor. Each Offeror’s price proposal will be evaluated separately from the technical proposal. The Government will evaluate the Offeror’s proposed price to ensure that the price can be determined fair and reasonable. The Government will evaluate the total proposed price for the Contractor as delineated below:

(a) For the price evaluation for this Contract, the Government will evaluate proposed labor rates and pricing to determine if they are fair and reasonable. The total evaluated price will be based on the total pricing of the twelve month period.

(b) The Government reserves the right to perform price realism analysis if necessary.

NOTIFICATIONS - The execution of this RFP and resulting award shall be conducted in accordance with FAR Part 13 procedures. As a result, a debriefing as described in FAR 15.506 is NOT applicable in this instance. Offerors are advised that only a brief explanation of the basis for the award decision.

Travel Costs. If proposed, estimated not to exceed (NTE) travel costs are for evaluation purposes only. During performance, only actual costs for travel are reimbursed in accordance with the regulatory implementation of Public Law 99-234 and FAR 31.205-46 Travel Costs.

Best Value: In determining the best value to the government after evaluating technical and price with technical being more important than price, the Government will perform a tradeoff analysis.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding Contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

CLAUSES:

Custom Clauses -

Payment for Unauthorized Work: No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

Authority to Obligate the Government: The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed Contract can be incurred before receipt of a fully executed contractor specific authorization from the Contracting Officer.

Contractor Personnel: 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 effort. The Contractor's management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained in the SOW. Resumes submitted for employees assigned to perform under this statement of work shall contain documented experience directly applicable to the functions to be performed. Further, these prior work experiences shall be specific and of sufficient variety and duration that the employee is able to effectively and efficiently perform the functions assigned.

The Contractor shall notify the CO prior to making any changes in Key Personnel. No changes in Key Personnel will be made unless the Contractor can demonstrate qualifications of prospective personnel are equal to or superior to qualifications of the personnel being replaced. All requests for approval of substitutions in key personnel must be in writing and provide a detailed explanation of the circumstances of the proposed substitution and other information requested by the CO to approve or disapprove requests. The CO will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval via modification to the Contract. All disapprovals will require re-submission of another substitution within 15 calendar days.

Contractor agrees that no key personnel substitution will be made unless necessitated by compelling reasons outside the Contractor’s control, including but not limited to: illness, death, maternity leave, or termination of employment. In any event, all substitutions of Key Personnel shall require the CO’s written approval, as specified in the paragraph above.

Disclosure of Information: Information made available to the contractor by the Government during the Contract term shall be used only for those purposes of performing issued task and associated administration and shall not be used in any other way without the written agreement of the Contracting Officer.

The contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. The contractor shall instruct each of its employees who might have access to information during the course of performing this Contract against unauthorized disclosure and assure that all of its personnel performing the Contract have executed FAS’s Non-Disclosure Agreement prior to beginning any work hereunder.

Data, Data Rights and Computer Software: Notwithstanding any other clause concerning data, data rights and computer software and hardware under this, all data and source code produced, recorded, transferred or manipulated under this Contract will remain the exclusive property of the Government, irrespective of the manner or method of recording or storage and no matter what form of computer mechanism is used in the processing of said information or data. The Government will retain exclusive rights and domain over any by-product produced under this Contract, or any other use of the data produced under this Contract by either plan or accident.

Any and all data, process documentation, related technical information, and the databases and repositories that contain these data and processes shall be, and shall remain the property of the Government.

Any and all materials that are gathered, originated, developed, prepared, used, or otherwise obtained in the performance of this Contract shall be the property of the Government. In the event that materials obtained in the performance of this Contract are subject to a licensing period, those materials shall be licensed to the Government for the duration specified in the materials’ associated terms of agreement. Materials are defined as, but not limited to: reports, logs, surveys, plans, charts, pictures, drawings, analyses, print-outs, templates, and any financial, technical, and management documentation. Materials shall encompass both electronic and hard copy formats, regardless of the state of completion, and shall include any and all portions and derivations thereof.

Upon the Government’s request to secure possession of any or all assets, the Contractor shall deliver the requested asset or assets within seven (7) business days. The Contractor shall provide resources to ensure all assets are allotted the necessary system or storage capacity to comply with the Government’s request for possession, and that all assets retain their full functional capacity through the transfer of possession.

Any and all source code developed for the Government shall be considered "work-made-for-hire," i.e., the Government, not the Contractor or its subcontractors, shall have full and complete ownership of all source code developed in the performance of this Contract. To the extent that any portion of source code materials are not, by operation of the law, "work-made-for-hire," the Contractor and its subcontractors hereby assign to the Government all rights to and interest in any such materials. The Government shall have the right to obtain and hold in its own name, copyrights, registrations, and any other proprietary rights that may be available, the source code materials assigned to the Government in the performance of this Contract.

Limited Use of Data: 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 Contracting Officer (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 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 which provides for greater rights to the contractor.

Federal Acquisition Regulation (FAR) Clauses -

FAR CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

All clauses within the GSA schedule contract, against which the order will be awarded, apply to this solicitation and the resultant order, as applicable.

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

FAR 52.203-17 - Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) FAR 52.203-19 - Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) FAR 52.204-13 – System for Award Management Maintenance (OCT 2018) FAR 52.204-25 – Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) FAR 52.209-9 – Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) FAR 52.223-3 – ALT I Hazardous Material Identification and Material Safety Data (July 1995) FAR 52.223-11 – Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons FAR 52.227-14 – Right in Data–General (MAY 2014) FAR 52.232-1 – Payment (APR 1984) FAR 52.232-8 – Discounts for Prompt Payment (FEB 2002) FAR 52.232-39 – Unenforceability of Unauthorized Obligations (NOV 2021) FAR 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.233-1 – Disputes (MAY 2014)

FAR CLAUSES INCORPORATED BY FULL TEXT

Department of Interior Acquisition Regulation (DIAR) -

DIAR 1452.201-70 – Authorities and delegations (Sep 2011)

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

DIAR 1452.203-70 Restrictions on Endorsements – Department of the Interior (JUL 1996) The Contractor shall not refer to contracts awarded by the Department of the Interior in commercial advertising, as defined in FAR 31.205-1, in a manner which states or implies that the product or service provided is approved or endorsed by the Government, or is considered by the Government to be superior to other products or services. This restriction is intended to avoid the appearance of preference by the Government toward any product or service. The Contractor may request the Contracting Officer to make a determination as to the propriety of promotional material.

(End of clause)

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 IFP invoice:

Included with the electronic IPP invoice shall be an attached itemized (printable) invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer with its proposal.

Invoice Submission The vendor must submit an invoice for payment no later than 30 calendar days after the end of the month of performance of services for each month services are performed. The vendor must notify the contracting officer in writing if the invoice will not be submitted within the specified time frame. Invoices MUST be submitted ELECTRONICALLY. HARD COPIES OF INVOICES WILL NOT BE PROCESSED.

The contractor is responsible for ensuring invoices submitted are accurate and complete, and all labor, travel and other direct costs are in accordance with federal guidelines, the Federal Travel Regulations and other Government mandates and directives. The contractor is responsible for ensuring invoices submitted are accurate and complete and are in accordance with federal guidelines, the Federal Travel Regulation (FTR) and other Government mandates and directives and in accordance with FAR 31-205.46 Travel Costs.

Additional supporting documentation MAY BE REQUESTED at the discretion of the COR.

INVOICE CONTENTS:

Invoices must include, as a minimum, the following information:

1. CLIN/Item number of deliverable

2. Description of deliverable

3. Price of deliverable

4. Quantity of deliverable

5. Date deliverable was provided to the Government for inspection

6. Serial number/part number if applicable

QUARTERLY INVOICE PAYMENT

Payments under this order will be due 30 calendar days after the date of actual receipt of proper invoice in the office designated to receive the original invoice or final acceptance of the goods or services, whichever is later.

All payments will be made via electronic funds transfer (EFT). The date of payment by wire transfer through the Treasury Financial Communications System shall be considered to be the day payment is made.

FINAL INVOICE

Within sixty (60) calendar days of product acceptance and/or completion of services for each awarded order:

a) The contractor shall submit a final invoice designated as such by a clear statement of “FINAL INVOICE” on the face of the invoice document.

b) The contractor shall provide a certificate of completion which certifies all goods and service have been provided as required by the SOW issued with each awarded order.

c) The contractor shall provide a release of claims against the Government for any further payment under the awarded order

The sixty (60) calendar day submission timeframe shall not be extended without written authorization from the CO. In the event items a, b, or c above are not submitted within the authorized timeframe, the CO will make final cost determinations in order to make final payment and close out the contract unilaterally.

(End of Local Clause)

AQD CUSTOM CLAUSES IN FULL TEXT -

ACC #1 - Non-Personal Services ContractNBCM-ACQ-6920-007 This is a “non-personal services” contract, it is therefore, understood and agreed that the contractor and/or the contractor’s employees shall: (1) perform the services specified herein as independent contractors, not as employees of the government; (2) be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constrains attendant to the performance of this contract; (3) be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; and (4) pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative as is necessary to ensure accomplishment of the contract objectives.

The contractor shall include this provision in all subcontracts for contractor support services under this contract.

(End of ACC #1)

ACC #2 - DOI Local Clause – INTERNET PROTOCOL version 6 (Jun 2012)

(a) Any system hardware, software, firmware and/or networked component (voice, video or data) developed, procured, or acquired in support and/or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products.

(b) Specifically, any new IP product or system developed, acquired, or produced must: