(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, and in accordance with simplified acquisition procedures authorized in FAR Part 13 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) This solicitation is issued as a request for proposal (RFP) and has been assigned Solicitation Number 1305M321RNFFR0006.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular No. 2021-03 effective February 16, 2021.

(iv) This solicitation is being issued as a Total Small Business Set-Aside. The NAICS code for this requirement is 238220 and the small-business size standard is $16.5 million. The Product Service Code is Z1JZ.

(v) This combined synopsis/solicitation is for the purchase of the following commercial items:

　　Line Item Number    Description                                                                   Qty      Unit     Price

          0001                      McQuay Indoor Air Handling Unit repair and retrofit      1         JB            

          0002                      Air Handler Unit AHU-1 Fan Repairs (Optional Item 1)  1        JB             

          0003                      Air Handler Unit AHU-5 Fan Repairs (Optional Item 2)   1       JB            

(vi) The Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA) is seeking sources capable of providing repair and retrofit of five previously installed McQuay Indoor Air Handling units including all labor, materials, equipment, and supplies. See Reference Attachment 2 – Statement of Work and Attachment 3 - Technical specifications.

(vii) The period of performance is 120 days after award. The place of performance is:

NOAA/NMFS

Southwest Fisheries Science Center

8901 La Jolla Shores Drive

La Jolla, CA 92037-1509

PLEASE NOTE SITE VISIT INFORMATION

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995).

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Site visits may be arranged during normal duty hours on March 30, 2021. Please contact the Facility Manager below:

Name:

Matthew D. Vogel, PE, LEED AP
Facility Manager
NOAA - Southwest Fisheries Science Center
8901 La Jolla Shores Drive
La Jolla, CA 92037

Tel: 858-334-2880
Cell: 858-886-6553

(End of Provision)

(viii) FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2020) applies to this acquisition.

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JUN 2020)

Proposals are expected to conform to solicitation provisions and be prepared in accordance with the solicitation instructions. The proposal shall be clearly written and logically presented.

At a minimum, technical approach shall include the following elements:

Key personnel proposed roles as they relate to the Statement of Work with documentation of most current applicable technical certifications.

A description of previous work with the U.S. government including contract number, agency name, and contract dollar value.

A description of previous work on Air Handling Units include manufacturer name and model type.

A proposed work schedule that is consistent with the scheduling described in 1305M321RNFFR0006 Attachment 2 - Statement of Work.

Past performance: Offerors shall provide past performance questionnaires (Attachment 1) to no less than three references for relevant work conducted within the past five years. In their proposal submission, the offeror shall provide a list of references with contact information so that the Contract Specialist is aware of past performance evaluation questionnaires released. References should be for recent contracts similar in scope, in whole or in part, to the SOW. Once completed, references shall provide responses directly to the Contract Specialist by email to [email protected].

In order for past performance questionnaires to be considered, they must be received by the solicitation closing date. Past performance questionnaires received directly from the offeror will not be considered.

Price Proposal

The price proposal shall include details for all resources required to accomplish the requirements, e.g., estimated labor hours and rates, and other applicable costs. The price proposal shall include the completed pricing schedule in (v) of this solicitation. The proposal shall be consistent with the technical approach specified in the SOW (Attachment 2).

(ix) FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

ADDENDUM TO FAR 52.212-2 EVALUATION-COMMERCIAL ITEM (OCT 2014)

CAR 1352.213-70 EVALUATION UTILIZING SIMPLIFIED ACQUISITION PROCEDURES (APR 2010)

The Government will issue firm-fixed price contract resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The non-price factors are equal to the price factor. The following factors will be used to evaluate quotations:

Factor 1 – Technical Approach:

The Government will evaluate the offeror’s understanding of the requirements and likelihood of successful contract performance. The offeror’s demonstrated capabilities and relevant experience to perform all aspects of the Statement of Work (SOW) as well as the schedule to perform the work detailed in the SOW.

Factor 2 – Past Performance:

The offeror´s past performance on recent contracts similar in scope, in whole or in part, to the Performance Work Statement herein, will be evaluated to determine the relevance as compared to the requirements stated within this solicitation. The relevance of an offeror’s past performance will be measured based on the similarity of support services, complexity of the work, dollar value, and contract type. More relevant past performance will have more influence on the past performance assessment than past performance of lesser relevance. Information must address relevant and recent performance for both Government and non-Government contracts, subcontracts, and grants for both the prime contractor and any major subcontractor(s) proposed.

Firms with a history of poor performance will receive a low rating on the "Past Performance" evaluation factor. Firms with a strong history of reliable performance will receive a higher rating.

The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency's knowledge of contractor performance, other Government agencies or commercial entities, or past performance databases.

If an offeror does not have a history of relevant contract experience, or if past performance information is not available, the offeror will receive a neutral past performance rating.

Factor 3 - Price Evaluation.

The proposed prices will be evaluated but not scored. The price evaluation will determine whether the proposed prices are complete, and reasonable in relation to the solicitation requirements. Proposed prices must be entirely compatible with the technical proposal.

(x) The offeror must submit a completed copy of the provision at FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (FEB 2021) with its offer. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(xi) FAR 52.212-4, CONTRACT TERMS CONDITIONS - COMMERCIAL ITEMS (DEVIATION 2017-02) (OCT 2018) applies to this acquisition:

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (DEVIATION) (2017-02)(OCT 2018)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

　

This contract 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/these address(es):

　

FAR: https://www.acquisition.gov/far/

http://farsite.hill.af.mil/vfcara.htm

CAR: http://farsite.hill.af.mil/vfcara.htm

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMEN (OCT 2018)

FAR 204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

FAR 52.204-18 COMMERCIAL AND GOVRNMENT ENTITY CODE MAINTENANCE (JUL 2016)

FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

FAR 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)

FAR 52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

FAR 52.222-8 PAYROLLS AND BASIC RECORDS (AUG 2018)

FAR 52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

FAR 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

FAR 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

FAR 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS (MAY 2014)

FAR 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

FAR 52.222-15 CERTIFICATE OF ELIGIBILITY (MAY 2014)

FAR 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)

FAR 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (ALT I) (AUG 2003)

FAR 52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACT (DEC 2007)

FAR 52.228-5 INSURANCE – WORK ON GOVERNMENT INSTALLATION (JAN 1997)

FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (OCT 2010)

FAR 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)

FAR 52.232-39 UNENFORCEABLEILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTOR (DEC 2013)

FAR 52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

FAR 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

FAR 52.236-6 SUPERINTENDANCE BY THE CONTRACTOR (APR 1984)

FAR 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

FAR 52.236-8 OTHER CONTRACTS (APR 1984)

FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

FAR 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

FAR 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

FAR 52.236-12 CLEANING UP (APR 1984)

FAR 52.236-13 ACCIDENT PREVENTION (NOV 1991)

FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

FAR 52.242-13 BANKRUPTCY (JUL 1995)

FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2018)

FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

FAR 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

FAR 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

CAR 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

CAR 1352.228-70 INSURANCE COVERAGE (APR 2010)

CAR 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE-FIXED PRICE (APR 2010)

(xii) FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTE ORDERS – COMMERCIAL ITEMS (JAN 2021) (DEVIATION 2017-02 (AUG 2017), (DEVIATION 2020-05 (MAR 2020), (DEVIATION 2020-11 (AUG 2020)), applies to this acquisition:

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

(1) 52.203-19, 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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31　U.S.C.　3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (　19　U.S.C.　3805　note)).

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

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41　U.S.C.　4704　and　10　U.S.C.　2402).

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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.)

_X_ (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) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31　U.S.C.　6101　note).

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

___ (10) [Reserved].

___ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15　U.S.C.　657a).

___ (ii) Alternate I (Mar 2020) of 52.219-3.

___ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15　U.S.C.　657a).

___ (ii) Alternate I (Mar 2020) of 52.219-4.

___ (13) [Reserved]

_X_ (14)

(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.

___ (15)

(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.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15　U.S.C.　637(d)(2) and (3)).

___ (17)

(i)　52.219-9, Small Business Subcontracting Plan　(Jun 2020)　(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 (Jun 2020) of 52.219-9.

___ (18)

(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.

___ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15　U.S.C.　637(a)(14)).

___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15　U.S.C.　637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15　U.S.C.　657f).

_X_ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15　U.S.C.　632(a)(2)).

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

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15　U.S.C.　637(m)).

___ (24) 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 (Mar2020) (15　U.S.C.　637(m)).

___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15　U.S.C.　644(r)).

___ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30)

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

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (31)

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

___ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32)

(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.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38　U.S.C.　4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35)(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

_X_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (37)

(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.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40)

(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.

___ (41)

(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.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42　U.S.C.　8259b).

___ (43)

(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_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

___ (47)

(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (48) 52.225-1, Buy American-Supplies (May 2014) (41　U.S.C.　chapter　83).

___ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41　U.S.C.chapter83,　19　U.S.C.　3301　note,　19　U.S.C.　2112　note,　19　U.S.C.　3805　note,　19　U.S.C.　4001　note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2019) (19　U.S.C.　2501,　et seq.,　19　U.S.C.　3301　note).

___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;　10　U.S.C. 2302Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42　U.S.C.　5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42　U.S.C.　5150).

___ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41　U.S.C.　4505,　10　U.S.C.　2307(f)).

___ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41　U.S.C.　4505,　10　U.S.C.　2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31　U.S.C.　3332).

___ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31　U.S.C.　3332).

_X_ (60) [52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEVIATIONS APR 2020)　(31　U.S.C.　3903 and 10 U.S.C.552a)].

___ (61) 52.239-1, Privacy or Security Safeguards　(Aug 1996)　(5　U.S.C.　552a).

___ (62) 52.242-5, Payments to Small Business Subcontractors　(Jan 2017)　(15　U.S.C.　637(d)(13)).

___ (63)

(i)　52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels　(Feb 2006)　(46　U.S.C.　Appx.　1241(b)　and　10　U.S.C.　2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41　U.S.C.　chapter67).

___ (2)　52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29　U.S.C.　206　and　41　U.S.C.　chapter　67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29　U.S.C.　206　and　41　U.S.C.　chapter　67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (　29U.S.C.206　and　41　U.S.C.　chapter　67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41　U.S.C.　chapter　67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41　U.S.C.　chapter　67).

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42　U.S.C.　1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart　4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41　U.S.C.　3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15　U.S.C.　637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38　U.S.C.　4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41　U.S.C.　chapter　67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22　U.S.C.　chapter　78　and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41　U.S.C.　chapter　67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41　U.S.C.　chapter　67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5　U.S.C.　552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;　10　U.S.C.　2302　Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42　U.S.C.　1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46　U.S.C.　Appx.　1241(b)　and　10　U.S.C.　2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause)

(xiii) Additional contract requirements or terms and conditions:

Department of Labor Wage Determination 2015-5635 is applicable to this acquisition (Attachment 5)

FAR 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor at any time within the ordering period specified in the schedule. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

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

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

　

(b) The use in this solicitation or contract of any Department of Commerce Procurement Memoranda. (48 CFR Chapter 1452) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

　

(End of Clause)

　

　

　

CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010)

(a) [TO BE ASSIGNED AT AWARD BY SEPARATE LETTER] is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

[TO BE ASSIGNED AT AWARD BY SEPARATE LETTER]

　

(b) The responsibilities and limitations of the COR are as follows:

　

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

　

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of Clause)

CAR 1352.215-72 INQUIRIES (MAR 2010)

Offerors must submit all questions concerning this solicitation in writing to Contracting Officer, Mona Ash, at [email protected]. Questions shall be received no later than 2:00 p.m. PT on 31 March 2021. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation via beta.sam.gov. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause)

NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015)

(a) Before Leaving Government.

An offeror who engages in employment discussions with a federal employee involved in an acquisition subject to the restrictions of 41 U.S.C. § 2103 and who knows that the federal employee has not done the required notification is subject to criminal, civil, and administrative penalties. (FAR 3.104-8(b))

An employee working "personally and substantially" on a procurement for a contract worth more than the simplified acquisition threshold (currently $150,000) must provide written notice of a contact with an offeror about prospective employment, even if the employee immediately rejects the possibility of employment. The employee must file a written disqualification memo if the employee commences to seek employment. (41 U.S.C. § 2103; 48 C.F.R. Part 3);

An employee may not work on a matter if the employee is "seeking employment" with a person or organization affected by that matter, even if the employee’s job search has not progressed to actual negotiations. (5 C.F.R. Part 2635);

An employee may not work on a matter (such as an existing or future contract or grant) that would have a direct and predictable effect on the employee’s financial interests or on the financial interests of a person or organization with whom the employee is negotiating or has an arrangement concerning prospective employment. (18 U.S.C. § 208);

(b) After Leaving Government　　

Permanent ban for specific party matter – A former employee is prohibited from having contact with an employee of any Federal agency or court, on behalf of another person or entity, concerning a specific party matter (such as a contract or grant) with which the former employee was involved as a Government employee. (18 U.S.C. § 207);

One-year compensation ban for employees involved in procurement –

Two-year ban for senior political appointees – A former senior political appointee shall not communicate with or appear before an officer or employee of his or her former Federal agency, on behalf of another person or entity, concerning any official matter for two years. (18 U.S.C. § 207);

One-year ban for senior employees – A former high-level employee is prohibited from having contact with an employee of his or her former Federal agency, on behalf of another person or entity, concerning any official matter for one year. (18 U.S.C. § 207; 5 U.S.C. § 5311);

Two-year ban for specific party matter (official responsibility) – A former employee is prohibited for two years from having contact with an employee of any Federal agency or court, on behalf of another person or entity, concerning a specific party matter (such as a contract or grant) for which the former Government employee had official responsibility in his last year of Government service. (18 U.S.C. § 207);

A former employee may not accept compensation from a contractor within one year after the former employee personally made for the federal agency a decision to award a contract, subcontract, modification of a contract or subcontract, or a task order or delivery order in excess of $10,000,000 to that contractor; establish overhead or other rates applicable to one or more contracts for that contractor that are valued in excess of $10,000,000; approve issuance of one or more contract payments in excess of $10,000,000; or pay or settle a claim in excess of $10,000,000 with that contractor. (41 U.S.C. § 2104; FAR 3.104-3(d))

A former employee may not accept compensation from a contractor within one year after the former employee served as the contracting officer, source selection authority, a member of the source selection evaluation board, chief of a financial or technical evaluation team, program manager, or deputy program manager, in a procurement in which that contractor was selected for award of a contract in excess of $10,000,000. (41 U.S.C. § 2104; FAR 3.104-3(d));

(c) Solicitation and Contract Language.

Federal laws and regulations impose certain restrictions on federal employees after leaving Government service.

To maximize awareness of and improve compliance with post-Government employment restrictions NOAA Contracting Officers shall included language at　1330-52.203-71, Notice of Post-Government Employment Restrictions　in all solicitations and contracts exceeding the simplified acquisition Threshold.

(d) Contractor Acknowledgment

The contractor further acknowledges that it has provided notice to their former NOAA employees of post-Government employment restrictions that may be applicable to them.　

By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restrictions on current and former NOAA employees; and

(e) NOAA Employee Awareness

An official or former official who does not know whether he or she would be precluded from accepting compensation from a particular contractor may seek an advisory opinion from the Ethics Law and Programs Division of the Office of General Counsel.

AGO encourages NOAA employees to consult the Department’s Ethics Law and Programs Division for specific guidance at　[email protected].

NAM 1330-52.237.70 CONTRACTOR COMMUNICATIONS

(a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when:

When submitting any type of electronic correspondence to any NOAA employee or stakeholder.

Included in NOAA’s locator, and

(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.

(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.

NAM 1330-52.237-71 - NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-PERSONAL SERVICES CONTRACT (SEPT 2017)

(a)　 The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services as defined in FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other contractors performing under other NOAA contracts.

Be placed in a position where they are under relatively continuous supervision and control of a Government employee.

(c)　 The services to be performed under this contract do not require the contractor or the contractor’s personnel to exercise personal judgement and discretion on behalf of the Government. Rather, the contractor’s personnel will act and exercise personal judgement and discretion on behalf of the contractor.

(d) Rules, regulations, directives, and requirements that are issued by the Department of Commerce and NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(e) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies:

The contracting officer will review the information provided by the contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the contractor. The contracting officer’s response will provide a decision on whether the contracting officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue.

The contractor shall notify the contracting officer in writing within 5 business days from the date of any situation or occurrence where the contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance.

NAM 1330-52.237-72 CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)

(a) NOAA may close and or otherwise deny contractor employees access to a NOAA facility for a portion of a business day or longer for various reasons including, but not limited, to the following events:

The performance of this contract requires employees of the prime contractor or its subcontractors, affiliates, consultants, or team members ("contractor employees") to have access to and to the extent authorized, mobility within, a NOAA facility.

Federal Statute, Executive Order, Presidential Proclamation, or any other unforeseen reason.

Lapse in Appropriations; or

Occupational safety or health hazards;

Fires, floods, earthquakes, and unusually severe weather, including but not limited to snow storms, tornadoes, and hurricanes;

Federal public holidays for Federal employees in accordance with 5 U.S.C. 6103;

　In such events, the contractor employees may be denied access to a NOAA facility that is ordinarily available for the contractor to perform work or make delivery, as required by the contract.

(b)　 In all instances where contractors are denied access or required to vacate a NOAA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, either directly or through the contracting officer’s Representative (COR), which could include continuing on-site performance during the NOAA facility closure period; however, if Government oversight is required and is not available, on-site performance shall not be allowed. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts, for example, performing required work off- site if possible or reassigning personnel to other activities if appropriate.

(c)　 The contractor shall be responsible for monitoring the Office of Personnel Management at　opm.gov, the local radio, television stations, NOAA web sites, and other communication channels. Once the facility is accessible, the contractor shall resume contract performance as required by the contract.

(d)　 For the period that NOAA facilities were not accessible to contractors who required access in order to perform the services, the contracting officer may—

Reschedule the work by mutual agreement of the parties.

Forego the work; or

Adjust the contract performance or delivery schedule for a period equivalent to the period the NOAA facility was
not accessible;

(e)　　 Notification procedures of a NOAA facility closure, including contractor denial of access, are as follows:

Unless otherwise specified within the contract award, contractors requiring access to NOAA facilities outside normal business hours or outside the normal workweek shall submit a written request in writing through the COR to the contracting officer. The written request shall provide justification supporting the required access and be submitted 72 hours (3 full business days)　before access to the NOAA facility is needed.

Access to Government facilities and resources, including equipment and systems, will be limited and personnel necessary to administer contract performance may not be available. Generally, supply and service contracts that are funded beyond the date of the lapse in appropriation and do not require access to Government facilities, active administration by Government personnel or the use of Government resources in a manner that would cause the Government to incur additional obligations during the lapse in appropriation may continue. If a delivery date for a contract falls during the period of a lapse in appropriations, Government personnel may not be available to receive delivery. Contractors are directed to consult with a contracting officer before attempting to make a delivery. Contracting officers will be available throughout the lapse in appropriation period to provide guidance.

Once OMB guidance is given, CORs, in consultation with the contracting officer, will notify those contractors that are deemed by the Program Office to be performing excepted work and identify the contractor personnel requiring access to NOAA facilities. CORs will also coordinate with directly with facility management or physical security personnel at respective locations to ensure that the names of contractor personnel requiring access to Government facilities during the lapse in appropriations are provided to physical security personnel.

Contractors who are not designated as performing excepted work are not allowed access to Government facilities or to utilize Government resources in a manner that would incur any additional obligation of funding on behalf of the Government during the lapse in appropriation.

The contractor shall be responsible for notification of its employees of the NOAA facility closure to include denial of access to the NOAA facility. The dismissal of NOAA employees in accordance with statute and regulations providing for such dismissals shall not, in itself, equate to a NOAA facility closure in which contractors are denied access. Moreover, the leave status of NOAA employees shall not be conveyed or imputed to contractor personnel. Accordingly, unless a NOAA facility is closed and the contractor is denied access to the facility, the contractor shall continue performance in accordance with the contract.

NAM 1330-52.242-70 SUBMITTAL OF INVOICES (FEB 2011)

The contractor shall prepare and submit an invoice to the COR for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.

To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph titled, "Contractor’s Invoice," of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, "Invoices," applies.

If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.

NAM 1330-52.243-70 REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

(a)　 The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the contractor believes the Government is liable. The request shall include only costs for performing the change. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b)　　Any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

_____________________________________________
(Official’s Name)

_____________________________________________
(Title)

(c)　 The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including:

Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.

Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

(d)　　The certification requirement in paragraph (b) of this clause does not apply to:

Final adjustments under an incentive provision of the contract.

Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

NAM 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

(a)　 The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:

Identify constraints in transparency

Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting

Allow contractors to better prepare for and propose on business opportunities.

　(b)　 The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA.

(c)　　Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer’s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.

(d)　 There are several constraints to the scope of the AGO Ombudsman’s authority, for instance:

The AGO Ombudsman is not NOAA’s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity).

The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the U.S. Government.

The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.

The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.

The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.

The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.

Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates).

(e)　　 After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable Federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.

(f)　 The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.

(g)　 Questions regarding items (a) through (f) within this language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at　[email protected].

CAR 1352.233-70 AGENCY PROTESTS

Mona Ash

Contracting Officer

NOAA/Western Acquisition Division

7600 Sand Point Way NE WC3

Seattle, WA 98115

[email protected]

Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

Agency protests filed with the Contracting Officer shall be sent to the following address:

An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)

Sarah Waugh

NMFS Branch Chief

NOAA/Western Acquisition Division

7600 Sand Point Way NE WC3

Seattle, WA 98115

[email protected]

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce

Office of the General Counsel

Chief, Contract Law Division

Room 5893, Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230,

FAX: (202) 482-5858

(End of clause)

CAR 1352.233-71 GAO AND COURT OF CLAIMS PROTESTS

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230, FAX: (202) 482-5858 (End of clause)

CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: NOAA/NMFS, Southwest Fisheries Science Center Auke Bay Laboratories, Ted Stevens Marine Research Institute, 8901 La Jolla Shores Drive, La Jolla, CA 92037-1509 (End of clause)

(xiii) The following FAR provision is applicable to this acquisition:

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price.

(End of provision)

(xiv) The Defense Priorities and Allocations System (DPAS) is not applicable to this solicitation.

(xv) Offers are required to be received in the contracting office no later than 2:00 p.m. PT on 7 April 2021. All offers must be e-mailed to Mona Ash at [email protected].

The Government will not be responsible for any failure attributable to the transmission or receipt of the email/facsimile, including the missing of any established deadlines. It is the offeror’s responsibility to confirm the Government’s receipt of transmitted information.

Contracting Office Address:

7600 Sand Point Way NE WC3

Seattle, Washington 98115-6349

LIST OF ATTACHMENTS:

Wage Determination 2015-5635

Vibration Report

Technical Data

Statement of Work

Past Performance Questionnaire

Bid Protests Not Available