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8088950356Alexander Swift (No collect calls)

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140FS123Q0142

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00010 NEPA Compliance and Public Engagement Support for the Pacific Remote Islands Marine National Monument Management Plan

Period of Performance: 01/01/2024 to 12/31/2024

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USFWS Pacific Remote Islands Marine National Monument NEPA Compliance and Public Engagement Support

SOLICITATION NO. 140FS123Q0142

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

The U.S. Fish and Wildlife Service, JAO, Pacific Remote Islands Marine National Monument, has a requirement for environmental consulting services re: their need for NEPA Compliance and Public Engagement Support for the Pacific Remote Islands Marine National Monument Management Plan per the included Statement of Work. All evaluation factors must be considered and addressed to be considered a successful bid.

This Request for Quotation (RFQ) is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal Acquisition Circular 2005-101.

The NAICS code is 541620 Environmental Consulting Services and the small business is $19M.

Instructions All responsible large & small business sources may submit a quote, which shall be considered by the agency. Award will be made as a firm-fixed-price contract. The basis of award is the lowest price determined fair and reasonable Award will be made to a responsible source pursuant to FAR subpart 9.1.

Please submit your quotation (showing unit and total price) on company letterhead or the enclosed SF-1449 form with DUNS No. and point of contact phone number and e-mail address. Additionally, if your company holds a GSA contract that would apply to this requirement, please provide the contract number. Refer to FAR provision 52.212-1 Instructions to Offerors – Commercial Items for additional submission guidance and include a copy of FAR provision 52.212-3 Offeror Representations and Certifications -- Commercial Items with applicable sections completed.

Requests for Information Due: 2023-08-11 0800 HST alexander_swift@fws.gov Quotes Due: 2023-08-11 0900 HST.

E-Mailed Quote Submission: alexander_swift@fws.gov

In order to have a quote considered for award, respondent must be registered at the System for Award Management (SAM) website (https://www.sam.gov) as an active vendor by the time an award decision is necessary.

STATEMENT OF WORK

National Environmental Policy Act (NEPA) Compliance and Public Engagement Support for the Pacific Remote Islands Marine National Monument

Monument Management Plan

(PRIMNM MMP)

1. General:

1.1 Introduction: The United States Fish and Wildlife Service (USFWS, Service) requests contract support services to prepare an Environmental Assessment (EA), Finding of No Significant Impact

(FONSI), and to provide public engagement planning and support services that meet the requirements of the National Environmental Policy Act (NEPA), Council on Environmental Quality (CEQ) NEPA regulations, Department of the Interior (DOI) NEPA Implementing Procedures (43 CFR 43, Subtitle A Part 46), DOI Department Manual (DM) 516 DM 8, and USFWS Procedures for Documenting and Implementing NEPA decisions (550 FW 3).

1.2 Background: Under the authority of the Antiquities Act of 1906, the Pacific Remote Islands Marine National Monument (PRIMNM) was established on January 6, 2009, by President George W. Bush by Presidential Proclamation 8336, and expanded on September 25, 2014 by President Barack Obama with Presidential Proclamation 9173. The Proclamations state that the Secretary of the Interior, in consultation with the Secretary of Commerce, shall have responsibility for management of the Monument (including permitting). They also state that the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), and in consultation with the Secretary of the Interior, shall have primary responsibility for management with respect to fishery-related activities (including permitting) regulated pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and any other applicable legal authorities.

Secretarial Orders 3284 and 3284 Amendment No. 1 state that the Director of the Service shall manage the emergent and submerged lands and waters of the Monument and Monument Expansion as units of the National Wildlife Refuge System (NWRS), with some exceptions for management by the Department of the Air Force on emergent lands at Wake and Johnston Atolls and by the Office of Insular Affairs on some areas at Palmyra Atoll.

The Proclamations require the Secretaries of the Interior and Commerce to prepare a Monument Management Plan (MMP) within their respective authorities for the Monument, and to promulgate implementing regulations that address specific actions necessary for the proper care and management of the Monument. The Department of the Interior and Department of Commerce are working cooperatively together and with partners and stakeholders in the development of the MMP, with a target for completing the draft by December 2023.

The Monument encompasses approximately 495,189 square miles of open ocean, coral reef, and island habitats, making the total area of the Monument nearly five times the size of all the U.S.

National Parks combined and nearly twice the size of the state of Texas. Within the boundaries of the Monument rest six pre-Monument national wildlife refuges: Howland Island, Baker Island, and Jarvis Island, Johnston Atoll, Palmyra Atoll, and Kingman Reef. Wake Atoll National Wildlife Refuge (NWR) was established after the Monument was created. The Monument was established to protect and preserve the marine environment and for the care and management of the historic and scientific objects found within, including 22 threatened and endangered species. All lands and waters are protected under the NWRS, which offers some of the best protections possible.

The primary management authorities for the Refuge System come from the 1966 National Wildlife Refuge Administration Act, as amended by the National Wildlife Refuge System Improvement Act of 1997, 16 U.S.C. 668dd-668ee. All lands and waters in the Refuge System are closed to all activities/uses unless there is a determination that they are found to be compatible and appropriate activities/uses of the individual Refuge and the NWRS.

On Figure 1: Map of the PRIMNM including 7 National Wildlife Refuges that it encompasses: Howland, Baker, and Jarvis Islands; Kingman Reef; and Palmyra, Johnston and Wake Atolls.

December 21, 2021, the Service and NOAA issued a joint Notice of Intent to prepare a MMP for the PRIMNM with a 30-day comment period. Key aspects of the MMP will focus on co-stewardship with public and private partners; invasive species management (plants and animals); rainforest, coastal, and coral reef habitat and species restoration; scientific research, including deep sea and seamount; and outreach and education.

1.3 Objective: The contractor shall prepare a draft and final EA and FONSI that evaluates up to two

(2) Action Alternatives and a No Action alternative, and analyzes the effects of implementing the proposed PRIMNM MMP and associated step-down management plans. The MMP would serve as a high-level guidance document, with step-down plans to outline management objectives and strategies for meeting MMP vision and goals. All support services will be provided with review by the Service and NOAA as a co-lead agency.

The Service has determined that actions proposed in the PRIMNM MMP are not likely to result in significant impacts to the human and natural environment, and thus qualify for preparation of an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) to satisfy NEPA requirements. If, following consultation with stakeholders and analysis, a significant impact is identified such that a FONSI is no longer warranted, it may be necessary to prepare an Environmental Impact Statement (EIS). In this case, the Service may request a modification to the SOW and budget to reflect the additional requirements and cost of producing an EIS.

1.4 The contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items necessary to perform the work defined in this Statement of Work (SOW), except for those items specified as government furnished property and services.

https://www.govinfo.gov/content/pkg/FR-2021-12-21/pdf/2021-27535.pdf

2. Place of Performance and Period of Performance

2.1 The period of performance for this contract will be 2 years (24 months) after contract award.

2.2 All work under this SOW will take place at the Contractor’s place of business. The contractor is responsible for conducting business during regular business hours, Monday through Friday, except on Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

3. Scope

3.1 This contract requires coordination and preparation of a draft and final EA and FONSI to analyze proposed actions in the PRIMNM MMP. The tasks and subtasks outlined in this contract require that the contractor manage the NEPA document development, identify and analyze potential impacts of the proposed action and alternatives, and develop a robust and defensible EA, in close coordination with the Service’s project team and NOAA as a co-lead agency. The Contractor shall develop a draft and final EA that considers up to two (2) Action Alternatives, a No Action alternative, and a FONSI that analyzes the effects of implementing the proposed PRIMNM MMP and associated step-down management plans outlining objectives and strategies for meeting MMP goals.

3.2 Proposed Actions included as objectives and strategies in MMP step-down planning documents are currently in development. Objectives may include the following:

• Collect new and/or organize existing data on Monument resources to better understand and document current conditions, emerging threats, and inform conservation priorities.

• Prepare for future climate scenarios by collecting data sets that identify and monitor ecosystem health, threats, and resilience, and implement control and/or restoration activities when appropriate or when new data or information becomes available.

• Identify threats within the Monument to inform future management or management actions.

• Provide for the protection and recovery of the conservation targets with special consideration for endemic, threatened, and endangered species, using appropriate techniques and technologies.

• Work to control or eradicate invasive species in the nearshore and terrestrial environments. Prevent introductions of non-native species, monitor for new introductions where appropriate, control, or eradicate populations of invasive species that are degrading Monument resources.

• Where appropriate, conduct restoration activities that improve habitat and advance resilience.

• Conduct or collaborate on appropriate exploration, research, and characterization of Monument resources.

• Support activities conducted by partners and outside scientific and educational organizations.

• Develop appropriate protocols for the collection and final disposition of Monument resources.

• Identify and engage with Pacific Island communities to include Indigenous and cultural knowledge and practices (consistent with long-term conservation and protection) into management strategies and activities.

3.3 Step-Down Management Plans in development by the Service and NOAA include specific

Strategies for meeting an Objective. Strategies may be generally applicable across the PRIMNM;

they may also be site-specific proposed actions. Step-down plans and specific actions in development include but are not limited to:

• Habitat and Species Step-Down Management Plan o Invasive species removal on select Islands o Seabird monitoring on all islands/atolls within the Monument o Propagation and outplanting of native plants on Palmyra o Ongoing coconut removal on select Islands at Palmyra o Addressing soil contamination on Palmyra o Marine debris removal on select Islands

• Wilderness Review

• Biosecurity Plan

3.4 Basic Services: The contractor shall provide services for the following tasks:

• Task 1 – Project Management, Communication, and Coordination

• Task 2 – Draft EA preparation

• Task 3 – Final EA and FONSI preparation

• Task 4 – Administrative Record OPTIONAL TASKS the SERVICE MAY EXERCISE

• Task 5: Additional Alternatives

• Task 6: Draft Notice of Availability

• Task 7: Public Meeting Facilitation Services

3.5 Task 1 – Project Management, Communication, and Coordination:

The Contractor shall provide a Project Manager who serves as the main point of contact for contract management, project communications, and planning expertise in support of this contract and deliverables. The Project Manager is expected to be an integral part of the project delivery team and will review all deliverables for compliance to ensure the technical accuracy and appropriateness of the deliverable documents.

The contract Project Manager shall:

• Conduct one (1) virtual project team kick-off meeting with Service’s project team, NOAA, and other partners identified by the Service.

• Facilitate information exchange between the Service’s project team and NOAA. Be available as needed to discuss the project by phone or email and attend meetings with the Service’s Conservation Planning lead (Narrissa Brown), PRIMNM Superintendent (John Klavitter), NOAA team members, and relevant contract personnel.

• Develop a detailed study plan. The study plan shall include:

o Identification of data and information needs, methods of investigation, defined issues and assumptions to be addressed for each resource area.

o A timeline with a schedule of deliverables and milestones for working with FWS and cooperating agencies.

o A list of project contacts, including contract staff and subcontractors working on the Project.

o A detailed outline of the EA in a format and style to be used for the draft and final

EA.

• Provide monthly progress reports to the Service’s Conservation Planning lead, Narrissa

Brown. Progress reports shall document the work accomplished during the progress-reporting period, planned Milestones during the next progress reporting period, and any issues, questions, concerns that have surfaced, with recommendations for resolution.

Summary of Deliverables:

- Facilitation of one (1) project kickoff meeting, agenda, notes

- Draft and Final Study Plan, Timelines, Project Team, and EA outline

- Monthly status reporting

5.1 Task 2 – Draft EA preparation

The Service is striving to create shorter, more concise EAs that are focused on analysis relevant to the Project proposal, consistent with CEQ regulations and responsive to public scoping input.

The Contractor shall compile, complete, and revise a preliminary draft EA for project team reviews, and a print-ready, 508-compliant draft EA for public review and comment. The Contractor shall:

• Prepare a focused and consistent document that stays within 75 pages of main body text or less, excluding figures and appendices.

• Assemble all EA Chapters into a complete preliminary document. Include a Service-prepared cover sheet, table of contents, all chapters, appendices, figures, and maps in their correct placement, EA list of preparers list, glossary and acronyms, and references.

• The Contractor will determine, through discussions with the project team, what materials are suited for inclusion in an Appendix.

• Prepare a scientifically sound, technically edited and formatted, 508-compliant, print-ready draft EA in Microsoft Word 2010 or later and PDF formats.

Review and revision of preliminary draft EA versions will be an iterative process. See the Deliverables and Schedules table below for a list of the review process deliverables.

Chapter 1 – Purpose and Need for Action The Contractor, in coordination with the Service and NOAA, will prepare much of the draft text for Chapter 1, including Purpose and Need, and Public Involvement sections. The Contractor shall assemble and edit any Service-provided text and integrate it into the draft EA.

Chapter 2 – Proposed Action and Alternatives The Contractor shall prepare a draft of Chapter 2, including two Action Alternatives, the No Action Alternative, and Alternatives Considered but Eliminated sections. The Service will provide a preliminary draft MMP and step down plans as described in Section 3. The Service will also provide information to support the Alternatives Considered but Eliminated section.

Following the impact analysis, the Contractor shall complete a table with Comparison of the Potential Environmental Impacts by Alternative and a table with Best Management Practices and Mitigation Measures for the Proposed Action. The summary tables shall be created with input from specialists to ensure consistency with report text.

Chapter 3 – Affected Environment, Environmental Consequences, and Mitigation Measures Prior to writing each resource section, the Contractor shall determine whether or not some resources require additional detailed evaluation, based on the likelihood of low or very insignificant effects from the Proposed Action. Please assume the following actions will not be part of the EA impact analysis:

• Activities prohibited in the Monument in its establishing Presidential Proclamation

• Effects of submarine cable maintenance and installation

• Effects of ongoing shipping vessel traffic on the environment

• Potential objectives and step down plans and that may be discussed in the MMP, but that will not be carried forward for further analysis in the EA.

The Contractor shall conduct an initial analysis of potential resources affected and provide a summary table of which resources shall be carried forward for further analysis in the EA. The Contractor shall obtain Service approval prior to proceeding with the rest of the Chapter 3 contents. For resources carried forward for analysis, the Contractor shall describe conditions that currently exist, the potential impacts of the action, compliance with applicable standards, and any measures to avoid, reduce, or mitigate potential impacts.

Each resource section shall follow this general guidance:

• Establish a study area for analysis of the resource area.

• Use existing information from the literature, field reconnaissance, surveys, and existing data and reports, and other accepted databases to determine and describe the existing condition, presence/absence, and impact and/or effect for each resource.

• Focus on information relevant to the proposed project and do not include exhaustive, highly technical information that is not easily related to project impacts.

• Identify and describe potential impacts of the proposed action and alternatives. Clearly differentiate the source of impacts. Develop and maintain a record of technical analysis and results for each resource.

• Recommend and summarize mitigation measures and work with the project team to refine and incorporate them into the appropriate step down plan(s). Incorporate mitigation measures into Chapter 2 Best Management Practices and Mitigation Measures table. Briefly summarize impacts after mitigation in the environmental consequences section for each resource.

• Include accurate and complete citations, where appropriate.

• Ensure EA sections have a common voice and format, that figures and maps are appropriately numbered and referenced, and that the document is internally consistent.

Chapter 4 – Environmental Consultation, Review, and Permit Requirements The Contractor shall list and describe the statutory and regulatory requirements applicable to this Project. Applicable statutes and regulations shall be tailored to the Project.

Chapter 5 – Persons, Tribes, and Agencies Consulted The Contractor shall list and document the contacts made during the NEPA process. The Service will provide a list of agencies and tribes consulted. The Contractor shall supplement this list with any contacts they make while working on this Project.

Chapter 6 – Glossary and Acronyms The Contractor shall develop a list of definitions and acronyms suitable for the project. Glossary terms shall be bold and italicized in the text of the EA.

Chapter 7 – References The Contractor shall keep track of full bibliographic references, including dated screenshots of websites referenced, in an electronic file format for each reference cited. The Contractor shall assemble the list of references cited during the course of the analysis for inclusion in the EA.

- Table of Resources Initially Considered for Impact Analysis for Service approval

- Draft EA Chapters 1 and 2 (up to 3 revisions, including one review by NOAA)

- Preliminary draft EA (up to 3 revisions, including one review by NOAA)

- Camera-ready draft EA for public release, to be appended to the Draft PRIMNM MMP

5.2 Task 3 – Final EA and FONSI

After the draft MMP and EA comment period is closed, the Service and NOAA will collate comments and determine which will require additional revision or analysis in the EA. The Contractor shall then revise the EA in coordination with the project review team, address substantive comments, and incorporate any MMP revisions into the final EA and FONSI. Assume any changes to the EA can be documented in a revision sheet or with minor updates to the final

EA.

- Preliminary final EA and FONSI (up to 3 revisions, including one review by NOAA)

- Camera-ready Final EA and FONSI for public release, to be appended to the Final

PRIMNM MMP

5.3 Task 4 – Administrative Record

The contractor shall compile and organize supporting documentation used in the development of the EA for the administrative record. This includes preparation of consultation memos that summarize meetings and phone conversations with federal, state, and local governments, and private parties contacted to complete the analysis. This also includes full bibliographic references, including dated screenshots of websites referenced, in an electronic file format for each reference cited. Please note the Service uses Zotero for its preferred citation tracking software.

Summary of Deliverable:

- Project Administrative Record

OPTIONAL TASKS

5.4 Task 5 -- Additional Alternatives

If, during the course of EA preparation, the project team develops additional alternatives to carry forward in the EA analysis, a modification of the SOW and budget may be developed jointly with USFWS and the contractor to reflect the requirements of producing additional analysis for the EA.

5.5 Task 6 -- Prepare Joint Notice of Availability (NOA) for draft PRIMNM MMP and EA

The Service may choose to exercise this optional task after contract award.

The Contractor shall develop a joint NOA for public release of the PRIMNM MMP and EA will be made available for public comment for a 45-day period by the USFWS and NOAA. The NOA must meet Service and NOAA standards for issuing a joint NOA.

- Draft Notice of Availability (up to 3 revisions, including one review by NOAA)

5.6 Task 7 -- Facilitation support for draft MMP/EA public outreach

The Servive may choose to exercise this optional task after contract award.

The Service may choose to add facilitation services to this SOW and contract. Under this task, the Contractor will provide services needed to support online hosting and facilitation of 3 virtual public meetings. The Contractor would provide the planning, materials development, public outreach support, comment capture and analysis, and software and communication capabilities for up to 500 participants at each virtual meeting. A modification of the SOW and budget may be developed jointly with the Service and the contractor to reflect the requirements of this task.

- Virtual meeting coordination and facilitation for three (3) public meetings

4. Deliverables and Delivery Schedule:

Table 1: Summary of required and optional deliverables, the schedule for delivery, and the quantities

Task Description Quantity Expected Schedule

1 Project Management, Communication, Coordination Throughout

Contract

1a Project Kick-off meeting 1 Jan. 2024

1c Draft and Final Timeline, Study Plan, Project Team, EA Outline 1 Feb. 2024

1d Monthly Status reporting 24 Throughout

Contract

2 Preparation of Draft EA Aug. 2024

2a Draft and Final table of Resources Initially Considered for Impact Analysis 1

2b Preliminary and revised Draft Chapters 1 and 2 (up to 3 revisions) 1

2c Preliminary Draft EA (up to 3 revisions) 1

2d Final Camera-Ready Draft EA 1

3 Final EA, FONSI Nov. 2024

3a Preliminary final EA, FONSI (up to 3 revisions) 1

3b Camera-ready Final EA, FONSI 1

4 Administrative Record Nov. 2024

4a Electronic copy of complete Contractor administrative record files 1 Dec. 2024

5 OPTIONAL: Additional Alternatives 2024

OPTIONAL: Draft joint USFWS and NOAA Notice of Availability 2024

6a Draft NOA (up to 3 revisions) 1

OPTIONAL: Facilitation support for draft MMP/EA public outreach 2024

7a Virtual meeting coordination and facilitation up to three (3) public meetings 3

5. Government-Furnished Equipment (GFE) / Government-Furnished Information (GFI)

5.1 Services – the Government will provide the following upon Contract award:

- Scoping Summary Report prepared by NOAA

- Current list of goals and objectives identified for the MMP. Note: some objectives will be identified in the plan as potential future objectives that will be considered in later step-down plans and NEPA compliance documents

- Preliminary internal draft PRIMMP and Step-Down Plans by December 2023

- Electronic references

- GIS mapping of seamounts (NOAA)

- All maps needed for inclusion in the EA

- A list of relevant project contacts for the Service, NOAA, and other partners or stakeholders

- Draft MMP Project Schedule

- Electronic copies of Comprehensive Conservation Plans for Baker Island NWR, Howland

Island NWR, and Jarvis Island NWR

6. Evaluation and Acceptance

6.1 The contractor will be evaluated as detailed herein. Government acceptance is contingent upon:

Full delivery of tasks and optional tasks agreed upon.

7. Quality Control/Quality Assurance:

7.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this SOW. The contractor shall ensure deliverables are consistent in terms of quality, format, readability, and style of writing.

Contractor shall format the print-ready draft and final EA in Microsoft Word and Adobe pdf in accordance with the Rehabilitation Act of 1973 revised Section 508-based standards. Tasks shall include writing and inserting alternative text to describe graphics and figures, bookmarks, simple cell tables, and any additional formatting and content needed to create, test, and remediate documents to achieve Section 508 conformance.

7.2 Quality Assurance: The FWS project team will review all draft and final deliverables for quality, accuracy, and completeness. Review of data will include checking for appropriate format, 508 compliance, grammar, and flow. The review of supporting materials will focus on assessing the quality of the narrative that the presentation has the proper focus and tone for the stated audience. The Service will provide comments after reviewing drafts and the Contractor shall address those comments prior to the final deliverable submission. Final approval of all deliverables will be pending the Contractor addressing all comments and FWS approving of these changes and responses. If comments are not addressed, the Contractor is expected to iterate on the deliverables until the Service determines deliverables meet the scope and quality standards outlined in the SOW. Upon acceptance of each deliverable, the contractor shall submit an invoice for the services.

8. Points of Contact:

8.1 Technical Contact:

Narrissa Brown Conservation Planner US Fish and Wildlife Service Email: narrissa_brown@fws.gov

8.2 Field Station:

John Klavitter, Superintendent, PRIMNM US Fish and Wildlife Service Phone: 703-859-6708 Email: john_klavitter@fws.gov

Evaluation Factors:

• Factor 1-Technical Approach: Technical approach contains sufficient detail to determine if the offeror provides a sound, compliant approach that meets the requirements of the statement of mailto:narissa_brown@fws.gov mailto:john_klavitter@fws.gov work and demonstrates a thorough knowledge and understanding of those requirements. The offeror shall demonstrate the ability to provide well-formatted, edited, succinct, and cohesive deliverables. The submission lists all risks, assumptions, exclusions, and dependencies inherent in the proposal.

• Factor 2-Project Schedule: The offeror shall provide information on the team’s project scheduling capabilities. Identify how your team will implement the schedule to manage this project. Discuss internal procedures for handling delays to minimize “schedule creep”. Identify ways offeror will manage labor and other resource constraints in an effort to reduce costs and provide an achievable and flexible schedule.

• Factor 3-Key Personnel: The offeror shall include a Project Manager with a minimum of 5 years’ experience working in and around the Pacific Islands, and a minimum of 5 years of experience leading NEPA Environmental Assessments and/or Environmental Impact Statements, including experience coordinating with multiple interested parties on complex NEPA compliance projects. In addition, provide specific experience and qualifications relevant to this project for each key personnel member that you are proposing to work on this project. Each resume should include any professional certifications, licensing, etc. that would support completion of NEPA resource sections and tasks identified in the SOW. Resumes shall not exceed 1 page in length.

• Factor 4- Relevant Experience: Provide a description of similar projects completed within the last 5 years, including work with the Service, NOAA, or other federal agencies that exhibit the offeror’s ability to perform to completion a project of comparable scope and complexity.

• Factor 5- Past Performance. The offeror shall provide information on the Teams’ past performance on projects involving NEPA Environmental Assessments and/or Environmental Impact Statements.

ADDITIONAL CONTRACT REQUIREMENTS (PROVISIONS AND CLAUSES)

FAR Provisions by Reference

52.204-7 – System for Award Management (Oct 2018) 52.204-16 – Commercial and Government Entity Code Reporting (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

FAR Provisions – Full Text

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/

(End of provision)

FAR Clauses by Reference

52.204-13 – System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.212-4 Contract Terms and Conditions – Commercial Items (DEC 2022) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

FAR Clauses – Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(4), insert the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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 appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim

__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (14) [Reserved]

__ (15)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (16)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (18)

(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (19)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).

__ (23) https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

_X_ (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (31)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (32)

(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (33)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (36) https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40

(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

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

__ (37) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (38)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (41)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (42)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (43) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (44)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16…