Government Contracting - FAR Supplements - DIAR - Department of Interior

FAR SUPPLEMENTS
------------------------
COMPLIMENTARY
WEBINAR SERIES
2022

FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
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About The FAR SUPPLEMENTS Webinar Series - 2022
 Complimentary
 Recorded (YouTube & JS Website)
 Wednesdays 12pm eastern
 Federal Acquisition Regulations covering Department procurement rules
 Speakers are SME and Govt Contracts Attorneys
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Webinar Wednesday - Schedule At A Glance
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1/12/22 – FAR
1/19/22 – FAR CAS
1/26/22 – DOD
2/2/22 – DPGI
2/9/22 – ARMY
2/16/22 – AIR FORCE
2/23/22 – DISA
3/2/22 – DLA
3/9/22 – USMC
3/16/22 - SPECIAL OPS
3/23/22 -TRANS COMMAND
3/30/22 – AGRICULTURE
4/6/22 – AIDAR
4/13/22 – DOC
4/20/22 – DOE
4/27/22 – DOI
5/4/22 – DOL
5/11/22 – DOS
5/18/22 – DOT (Treasury)
5/25/22 – DOEd
6/1/22 – EPA
6/8/22 – FEHB
6/15/22 – GSA
6/22/22 – HHS
6/29/22 – DHS
7/6/22 – HUD
7/13/22 – BBG
7/20/22 – DOJ
7/27/22 – OPM
8/3/22 – NASA
8/10/22 – NRC
8/17/22 – DOT
(Transportation)
8/24/22 – VA

FRIDAY PLAYBOOKS - Schedule At A Glance
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1/12/22 – N/A
1/19/22 – N/A
1/28/22 – DOD
2/2/22 – N/A
2/11/22 – ARMY
2/18/22 – AIR FORCE
2/25/22 – DISA
3/4/22 – DLA
3/11/22 – USMC-NAVY
3/18/22 - SPECIAL OPS
3/25/22 -TRANS COMMAND
4/1/22 – AGRICULTURE
4/8/22 – AIDAR
4/15/22 – DOC
4/22/22 – DOE
4/29/22 – DOI
5/6/22 – DOL
5/13/22 – DOS
5/20/22 – DOT (Treasury)
5/27/22 – DOEd
6/3/22 – EPA
6/10/22 – FEHB
6/17/22 – GSA
6/24/22 – HHS
7/1/22 – DHS
7/8/22 – HUD
7/15/22 – BBG
7/22/22 – DOJ
7/29/22 – OPM
8/5/22 – NASA
8/12/22 – NRC
8/19/22 – DOT
(Transportation)
8/26/22 – VA

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202-365-0598

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2022 – FAR SUPPLEMENT – DIAR – Department of the Interior
Date: Wednesday, April 27, 2022
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DEPARTMENT OF THE INTERIOR
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SPEAKER
INSERT YOUR
LOGO HERE
MEET OUR SPEAKER
Bill Olver
Pub K Group
bill@pubkgroup.com
1-844-782-5529
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OVERVIEW
1. DOI’s Mission and Agencies
2. DOI Acquisition Organization
3. Doing Business with DOI
4. White House Initiatives
5. DIAR clauses
1. Contract award process
2. Construction-related clauses
3. Provision of aircraft
6. Buy Indian Act set-asides
1. Definitions
2. Eligibility
3. Contract clauses
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THE DEPARTMENT OF THE INTERIOR’S MISSION
Manages and Preserves the Nation’s resources:
Federally-owned lands and minerals
Western water resources
National Parks
National Wildlife Refuges
Endangered and Migratory Species
Land restoration
Administers federal programs in connection to
Native American tribes, Alaska natives, and Native Hawaiians.
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MAJOR DOI AGENCIES
Bureau of Indian Affairs
Bureau of Indian Education
Bureau of Land Management
Bureau of Ocean Energy Management
Bureau of Reclamation
Bureau of Safety and Environmental Enforcement
Bureau of Trust Funds Administration
National Park Service
Office of Surface Mining Reclamation and Enforcement
U.S. Fish and Wildlife Service
U.S. Geological Survey
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WORKING WITH DOI
The Office of Acquisition and Property Management:
Oversees implementation of procurement and grant programs
Provides oversight and policy direction
Ensures compliance with applicable laws and regulations
Administers Federal Acquisition Certifications
Administers suspension and debarment program
Each bureau and major organization has its own procurement office
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WORKING WITH DOI
Interior Business Center
Shared services organization providing contracting support
Assisted acquisitions for DOI and 40 other agencies
Financial management services
Human resources services
Locations in Idaho and Virginia
https://www.doi.gov/ibc/
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WORKING WITH DOI
Fiscal year 2022 budget = $17.6 billion (+$2.5 billion)
Approximately 50% of DOI’s budget goes to acquisitions
About 67% of DOI contracts are awarded to small businesses
Common procurements:
Advisory and assistance services * Architect-engineer services * Custodial services
Guard services * Maintenance and support * Operation and maintenance
Telecommunications services and information-technology services
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WORKING WITH DOI
Mission Focus:
Protecting the environment
Preserving natural and cultural resources
Providing recreation
Managing natural resources
Providing science
Meeting trust responsibilities to indigenous populations
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BIDEN ADMINISTRATION INITIATIVES
Environment and Climate Justice:
Executive Order 14008: Tackling the Climate Crisis at Home and Abroad (Jan. 2021)
Infrastructure Investment and Jobs Act (Fall 2021)
Build Back Better Act (TBD)
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DEPARTMENT OF THE INTERIOR ACQUISITION REGULATION (DIAR)
CFR Subpart 1452.2
https://www.ecfr.gov
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1452.200 Scope of subpart.
1452.201-70 Authorities and delegations.
1452.203-70 Restrictions on Endorsements.
1452.204-70 Release of Claims.
1452.215-70 Examination of Records by the Department
1452.215-71 Use and Disclosure of Proposal
1452.224-1 Privacy Act Notification.
1452.226-70 Indian Preference.
1452.226-71 Indian Preference Program.
1452.227-70 Appeals of Use or Exceptions.
1452.228-7 Insurance - Liability to Third
Persons.
1452.228-70 Liability Insurance.
1452.228-71 Aircraft and General Public Liability
Insurance.
1452.228-72 Liability for Loss or Damage
1452.228-73 Liability for Loss or Damage (Property
Interest).
1452.233-2 Service of Protest.
1452.236-70 Prohibition Against Use of Lead-based
Paint.
1452.236-71 Additive or Deductive Items.
1452.237-70 Information Collection.
1452.237-71 Utilization of Woody Biomass.
1452.280-1 Notice of Indian small business
set-aside.
1452.280-2 Notice of Indian economic
enterprise set-aside.
1452.280-3 Subcontracting limitations.
1452.280-4 Indian economic enterprise

CONTRACT AWARD PROCESS
1452.215-71 Use and Disclosure of Proposal Information
Defines “trade secrets” and “confidential commercial or financial information”
Provides instructions on marking proposal sections to protect them from FOIA requests
DOI assumes no liability for the release of protected information that is not correctly marked
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1452.227-70 Appeals of Use or Exceptions (Patent Rights)
Provides a process for appealing a contracting officer’s decision to incorporate FAR clauses
regarding the government’s ownership in patent rights to work performed under contract.
Appeals must be mailed to the designated appeals official:
Associate Solicitor for General Law, U.S. Department of the Interior, Washington, DC 20240
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1452.233-2 Service of Protest
A copy of the protest served on the Contracting Officer must be simultaneously furnished by
the protester to:
Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property
1849 C Street, NW., Room 6511, Washington, DC 20240.
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CONSTRUCTION AND RELATED CONTRACT CLAUSES
1452.236-71 Additive or Deductive Items
When the agency issues a solicitation for construction services but has only limited funds
available, it may decide to evaluate proposals based on a minimum set of base
requirements and one or more optional items.
Award may be made to the bidder having the lowest total of the base bid and a combination
of additive and deductive items. All bids shall be evaluated on the basis of the same additive
and deductive bid items using the order of priority of the items listed in the schedule.
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1452.236-70 Prohibition Against Use of Lead-based Paint
Paint containing more than .06 percent by weight of lead in paint, or the equivalent measure
of lead in the dried film of paint already applied, shall not be used in the construction or
rehabilitation of residential structures under this contract or any resulting subcontracts.
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1452.237-71 Utilization of Woody Biomass
Woody biomass: The trees and woody plants, including limbs, tops, needles, leaves, and other
woody parts, grown in a forest, woodland, or rangeland environment, that are the by-products of
management, restoration and/or hazardous fuel reduction treatment.
Contractors may remove and use woody biomass if:
The project is on schedule
Materials are removed before project completion
A written request is submitted
The parties agree on a price and contract terms
contract is separate and severable from services contract
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PROVISION OF AIRCRAFT
1452.228-71 Aircraft and General Public Liability Insurance
Requires the contractor to maintain liability insurance covering property damage,
bodily injury or death, and worker’s compensation
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1452.228-72 Liability for Loss or Damage
Requires the contractor to indemnify and hold the government harmless for loss or damage
and to provide a copy of the insurance policy to the contracting officer.
Provides that the government will reimburse the contractor for insurance deductibles
if loss or damage occurs while the aircraft is in the government’s possession and control.
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1452.228-73 Liability for Loss or Damage (Property Interest)
Provides that the government accepts responsibility for loss or damage to aircraft in its
possession and control except for:
Normal wear and tear
Loss that occurs due to the contractor’s negligence or fault in repair and maintenance
Loss that arises from a latent defect in the aircraft.
If an aircraft is damaged, the government may opt to effect repairs itself or reimburse the contractor.
If an aircraft is damaged beyond repair, the government will pay the contractor fair market value,
minus any salvage value.
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BUY INDIAN ACT
https://www.acquisition.gov/diar/part-1480-acquisitions-under-buy-indian-act
The Buy Indian Act of 1910 and agencies' implementing regulations allow the Bureau of Indian
Affairs and the Department of Health and Human Services’ Indian Health Service to award
federal contracts to Indian-owned businesses without using standard competitive processes.
Each proposed procurement exceeding the simplified acquisition threshold must be set aside
exclusively for IEEs when there is a reasonable expectation that offers will be received from two
or more responsible IEEs, and award will be made at a reasonable price.
Agencies may document exceptions to the use of set-asides or the decision to award a set-aside
when only one offer is received.
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BUY INDIAN ACT
Indian Economic Enterprise (IEE): Any business activity owned by one or more Indians or
Indian Tribes that is established for the purpose of profit.
Indian or Indian Tribe ownership must equal at least 51 percent of the enterprise
The Indians or Indian Tribes must, together, receive at least a majority of the earnings
The business must be managed and controlled by one or more individuals who are Indians
The individuals who manage and control the business must have the expertise to do so
Certifications are made:
(1) At the time an offer is made in response to a written solicitation
(2) At the time of contract award
(3) During the full term of the contract
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BUY INDIAN ACT
The Bureau of Indian Affairs must give preference to Indians whenever the use of that authority is
authorized and practicable. IA may give preference to IEEs through set-asides when acquiring
supplies, services, and covered construction services.
Applies to all acquisitions, including simplified acquisitions, made by IA and by any other bureau
or office authorized to make acquisitions under the Buy Indian Act.
Must be used to award procurement contracts, not intergovernmental contracts to
tribal organizations to plan, operate or administer authorized IA programs that are within
the scope and intent of the Indian Self-Determination and Education Assistance Act.
Other FAR and DIAR rules apply, including limitation on subcontracting
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BUY INDIAN ACT
IEE status may be challenged to the CO.
• Must be received no later than 10 days after the basis of challenge is known
• Challenged offerors have 3 days to respond to challenge unless the CO allows an extension
• CO has 10 days to issue a decision
• If the challenge is upheld, the challenged offeror may be considered for suspension or
debarment
CO may delay the award decision, proceed with award, or suspend performance if a challenge
is received after award.
A CO may challenge an IEE representation at any time, before or after award
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BUY INDIAN ACT
1452.280-1 Notice of Indian small business economic enterprise set-aside
Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian economic enterprises
(Subpart 1480.8) that are also small business concerns. Any acquisition resulting from this
solicitation
will be from such a concern. Offers received from enterprises that are not both Indian economic
enterprises
and small business concerns will not be considered and will be rejected.
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BUY INDIAN ACT
1452.280-2 Notice of Indian economic enterprise set-aside
Documents the definitions and eligibility requirements already discussed, including required
certifications about work to be performed in-house or subcontracted.
Mentor-Protégé Program – Participation in an authorized mentor-protégé program does not
render an IEE ineligible for contract set-asides.
Eligibility - If a contractor no longer meets the definition of an IEE after award, it must notify the
CO in writing. The contractor must fully disclose the circumstances causing the loss of eligibility
status and a description of any actions that the contractor will take to regain eligibility. Failure to do
so may result in contract termination or being deemed ineligible for future awards.
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BUY INDIAN ACT
1452.226-70 Indian Preference
The contractor agrees to give hiring preferences to Indians who can perform the work
required regardless of age, sex, religion, or tribal affiliation.
The contractor also agrees to give subcontracting preference to Indian organizations and
Indian-owned economic enterprises
Contractors may hire persons other than Indians or contract with non-Indian owned entities if it
cannot otherwise meet its contract requirements under these stipulations.
In this event, contractors shall seek to utilize other small business concerns
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BUY INDIAN ACT
1452.226-71 Indian Preference Program
Requires contractors to actively recruit employees from tribal areas
Requires contractors to have a subcontracting plan for IEEs
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BUY INDIAN ACT
1452.280-4 Indian Economic Enterprise Representation
The offeror represents as part of its offer that it [ ] does [ ] does not meet the definition of
Indian economic enterprise as defined in 1480.201.
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SPEAKER
INSERT YOUR
LOGO HERE
THANK YOU TO OUR SPEAKER
Bill Olver
Pub K Group
bill@pubkgroup.com
1-844-782-5529
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THANK YOU FOR ATTENDING!
FAR SUPPLEMENTS
FEDERAL ACQUISITION
REGULATIONS
-------------------
PLEA SE FIN D TH E R EC OR D IN G
ON OU R W EB SITE A N D YOU TU B E C H A N N EL.
PPTS A R E ON SLID ESH A R E.N ET
HELLO@JENNIFERSCHAUS.COM

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