NM-AN2190-21-00842 21_FH_PORT_SVCS_CANAVERAL
The National Oceanic and Atmospheric Administration (NOAA), Office of Marine and Aviation Operations/Marine Operations Center - Atlantic NOAA Ship Ferdinand R. Hassler requires docking and port services during a port call in Cape Canaveral, FL from April 17 – May 03, 2021. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, 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. Solicitation number NM-AN2190-21-00842 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2021-05. This acquisition is a small business set-aside under NAICS code 488310, Part and Harbor Operations; the small business size standard is $41.5. Line items are as follows: Pier space at South Berth, 200 ft for 16 days total (2) Line Handlers for Arrival and (2) Line Handlers for Departure Two YOKOHAMA 5’ diameter fenders, placed approximately 85 feet apart Sewage offload - 3” or 4” male camlock, Sewage/Graywater - 4500-5000 gallons Potable Water and Hookup – 1½ inch NPT, Potable Water - ~2000 gallons Contract security guard (unarmed) for vessel and pier conducting 24 hourly rounds of vessel for 14 days (Approximately 336 hours). Starting at 1400 on 17APR2021 Ending at 1400 on 30APR2021 Dumpster/Garbage service to include all disposal fees 230 kw Diesel Generator rental including delivery fees and refueling Escort services if required- we may have personnel without TWICs/CACs Shipping and Receiving Support (mail and deliveries ie. food, equipment) Crane Support with 48 hour notice (optional) 4. Ship Specifics: LOA: 124 ft Beam: 54 ft Draft: 13 ft Maximum height: 74 ft Gross Tonnage: 809 T Period of Performance/Services - The period of performance is April 17 – May 3, 2021 (16 days). Dates are subject to change, based on operational needs. The ship will notify the Contractor at least 24 hours prior to any change to an arrival or departure date. Offers shall submit quotes electronically via email to Cistopher.baker@noaa.gov no later than 1700 s EST, March 25, 2021. Purchase Order will be issued after evaluation of quotes and made to the vendor whose quote is best value to the Government with regards to availability, capabilities, and price Contact Cistopher Baker at Cistopher.baker@noaa.gov for information regarding this solicitation. Inquiries and/or Questions shall be submitted electronically via email to Cistopher.baker@noaa.gov no later than 1700s EST March 24 2021. Contractor is to provide an itemized cost breakdown per unit for each of the items above. Other arrangements can be discussed if above services are not possible due to port conditions. Contractors are encouraged to register with the beta.sam.gov, Vendor Notification Service as well as the Interested Vendors List for this acquisition (see applicable tab within beta.sam.gov where this synopsis/solicitation is posted). All interested parties wishing to submit a quote (Quoters) must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/. CONTRACT CLAUSES 1. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Jan 2021) (Deviation 2020-11) (Aug 2020) (Deviation 2020-05) (Apr 2020) (Deviation 2017-05)(Sept 2017) (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 (Jun 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (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 2020) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ___ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (41 U.S.C. 4712) relating to whistleblower protections) (Deviation 2017-05)(Sept 2017). __ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Award (Jun 2020). (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (6) [Reserved]. __ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (9) 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). __ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). __ (11) [Reserved]. __ (12)(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. __ (13)(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. __ (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 52.219-7. __ (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). __ (18)(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. XX(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 (Mar 2020) (15 U.S.C. 637(a)(14)). __ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2020) (15 U.S.C. 657 f). XX (23) 52.219-28, (i) Post Award Small Business Program Rerepresentation (May 2020) (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 (Mar 2020) (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 (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(a)(17)). XX (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XX (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126). (Deviation 2020-11) (Aug 2020) __ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (31) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). __ (32) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212). __ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). __ (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). XX (36)(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). __ (37) 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.) __ (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 (Jun 2014) 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. XX (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). __ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (47) 52.223-21, Foams (JUN 2016) (E.O. 13693). __ (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3. XX (49) 52.225-1, Buy American—Supplies (Jan 2021) (41 U.S.C. chapter 83). __ (50)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (Jan 2021) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, [19 U.S.C. chapter 29 (sections 4501- 4732),] 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). (Deviation 2020-11) (Aug 2020) __ (ii) Alternate II (May 2014) of 52.225-3. (Deviation 2020-11) (Aug 2020) __ (iii) Alternate III (May 2014) of 52.225-3. __ (51) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). (DEVIATION 2020-11) (AUG 2020) XX (52) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (53) 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). __ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020). __ (56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (57) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (58) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332). __ (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (62) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (31 U.S.C. 3903 and 10 U.S.C. 2307). (Deviation 2020-05) (April 2020) __ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)). __ (65)(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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). XX__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). XX (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 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). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (6) 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). __ (7) 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). XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020). XX (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). __ (10) 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 teshold, 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 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). (xi) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) (xii)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. (xiii)52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiv)52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xv)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). (xvi)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). (xvii)52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xviii)52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020). (xix)52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xx)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B)Alternate I (Jan 2017) of 52.224-3. (xxi)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). (xxii)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. (xxiii)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) 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): WWW.ACQUISITION.GOV FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) (Reference) FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017) (Reference) FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013) (Reference) FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference) CAR 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010) (Reference) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) (Reference) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (Reference) (End of Clause) 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 _____. [insert regulation name] (48 CFR _____) clause with an As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supple-mental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized devi-ation, the contracting officer shall identify it by the same num-ber, title, and date assigned to the clause when it is used without deviation, include regulation name for any supple-mental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause. (End of clause) NAM 1330-52.242- 70 INVOICES (FEB 2011) (a) 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 (via electronic copy) by the 10th day of the subsequent month. (b) Payment will be based on receipt of a proper invoice and satisfactory contract performance and guidelines in FAR 32.9, Prompt Payment. To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in FAR 52.212-4(g), “Invoices”. (c) Original invoices shall be mailed (via electronic copy) to the designated billing office as follows: Email: xo.ferdinand.hassler@noaa.gov A copy of all invoices shall be emailed to the contract administration office as follows: NOAA/OMAO Acquisition, Analysis, Accountability Branch Attn: Cistopher Baker, 439 W York Street Norfolk, VA 23510-1811 Email: cistopher.baker@noaa.gov The designated payment office for this contract is: NOAA-Eastern Finance Branch NOAA Finance Office, AOD 20020 Century Blvd. Germantown, MD 20874-1178 (d) The Contractor will submit invoices to the Contract Officer’s Representative stating the hours worked, the task and/or equipment purchases made. A final invoice should be submitted with the final report, and will be paid when the final report and all tasks are reviewed and deemed to be complete by the Agency. (e) The Government will return invoices that do not comply with these requirements. If the invoice does not comply with FAR 52.212-4(g), “Invoices”, the COR will return it to 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. (End of Clause) NAM 1330-52.237-71 NOAA Government-Contractor Relations – Non-Personal Services (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 where they are under relatively continuous supervision and control of a Government employee. 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. (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. NAM 1330-52.237-72 Contractor Access to NOAA Facilities (SEPT 2017) CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017) 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 public holidays for Federal employees in accordance with 5 U.S.C. 6103; Fires, floods, earthquakes, and unusually severe weather, including but not limited to snow storms, tornadoes, and hurricanes; Occupational safety or health hazards; Lapse in Appropriations; or Federal Statute, Executive Order, Presidential Proclamation, or any other unforeseen reason. 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. CAR 1352.237-73 Foreign national visitor and guest access to departmental resources. (APR 2010) As prescribed in 48 CFR 1337.110–70 (e), insert the following clause: Foreign National Visitor and Guest Access to Departmental Resources (APR 2010) (a) The contractor shall comply with the provisions of Department Administrative Order 207–12, Foreign National Visitor and Guest Access Program; Bureau of Industry and Security Export Administrative Regulations Part 734, and [insert operating unit counsel specific procedures]. The contractor shall provide the Government with notice of foreign nationals requiring access to any Department of Commerce facility or tough a Department of Commerce IT system. (b) The contractor shall identify each foreign national who requires access to any Departmental resources, and shall provide all requested information in writing to the Contracting Officer's Representative. (c) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts. (End of clause) CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010) (a) The base period of performance of this contract is from 17 April 2021 tough 03 May 2021 if an option is exercised, the period of performance shall be extended tough the end of that option period. (b) The option periods that may be exercised are as follows: Period Start date End date Option I Option II Option III Option IV (c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217–9. (End of clause) NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS (APR 2010) (a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when: (1) Included in NOAA’s locator, and (2) When submitting any type of electronic correspondence to any NOAA employee or stakeholder. (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. (End of clause) NAM 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016) 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: Allow contractors to better prepare for and propose on business opportunities. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from. Identify constraints in transparency and process. 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. 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. There are several constraints to the scope of the AGO Ombudsman’s authority, for instance: 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, etc.). The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer. 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 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). 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 tough more formal venues. 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. Questions regarding this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov. (End of solicitation and contract language) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within ONE (1) DAY. (End of Clause) NAM 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY (MAY 2018) In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy, it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NOAA prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for NOAA. NOAA Sexual Assault/Sexual Harassment (SASH) Workplace Harassment Training for Contractors These slides provide the following policies regarding sexual assault and sexual harassment (SASH) related to contractors and financial assistance recipients: 133052.22270 NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy for Services (except for services for the use of vessels) The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA’s Workplace Violence Program Manager. The required elements of the training are provided below: REQUIRED ELEMENTS OF SEXUAL ASSAULT AND SEXUAL HARASSMENT TRAINING Explain to each employee/affiliate (as defined in the solicitation and contract) assigned under the contract the definitions of sexual assault and sexual harassment, and that sexual assault and sexual harassment will not be tolerated. Encourage each employee/affiliate assigned under the contract to immediately report instances (whether they observe or are the victim) of sexual assault or sexual harassment. Provide the available resources/ways to report as prescribed in the contract and below. Provide a copy of the Solicitation and Contract Language (contracts/orders) addressing sexual assault and sexual harassment. DEFINITIONS Sexual Harassment –A form of sexual discrimination that violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature when any of the following are true: Submission to such conduct is either explicitly or implicitly a term or condition of an individual’s employment Submission to or rejection of such conduct by an individual is used for employment decisions affecting such individual The conduct interferes with an individual’s work performance or creates an intimidating, hostile, or offensive working environment The main characteristics of sexual harassment are that the harasser’s conduct is targeted against the recipient’s sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or teats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put downs, constant or unwelcome questions about an individual’s identity, and offensive objects or pictures. Sexual Assault Any conduct by any person that proscribed by state and federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of Title 18 of the U.S. Code (sexual abuse). Specifically, a person is committing sexual assault when they: Cause another person to engage in sexual act by teatening or placing that other person in fear; or Engage in sexual act with another person if that other person is: Incapable of appraising the nature of the conduct; or Physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act. SEXUAL HARASSMENT AND SEXUAL ASSAULT BY INDIVIDUALS ASSIGNED UNDER THIS CONTRACT WILL NOT BE TOLERATED. INDIVIDUALS ASSIGNED UNDER THIS CONTRACT ARE ENCOURAGED TO IMMEDIATELY REPORT INSTANCES OF SEXUAL ASSAULT OR SEXUAL HARASSMANT Ways to Report Instances of Sexual Assault and Sexual Harassment: Employee/affiliate’s immediate supervisor, The Contracting Officer’s Representative (COR), if applicable, Subset of the COR (e.g. Task Manager or Assistant COR), if applicable, Contracting Officer if a COR is not assigned to the contract, if applicable, NOAA Civil Right Office (if applicable) Contract the NOAA Civil Rights Office at 18004526728 or (301) 7130500 or tough the NOAA Sexual Assault/Sexual Harassment Helpline referenced below Resources Available For all NOAA employees, affiliates, and contractor employees who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. The helpline is designed to provide crisis intervention, referrals, and emotional support to all NOAA victims and/or survivors of sexual harassment or sexual assault. All NOAA employees, contractor employees, and affiliates may use the helpline to receive live, confidential, oneonone support regardless of the place or time of an occurrence, even if an incident occurs outside of the workplace or is unrelated to work. All services are anonymous, secure and available worldwide, 24 hours a day, 7 days a week. The NOAA SASH helpline is accessible tough a variety of channels including: Phone: 18662886558 Website and Online Chat: https://www.noaasashhelpline.org/ Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores) Text: (202) 3350265 SASH TRAINING COMPLETED NAME Date Provisions FAR 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/ The following Federal Acquisition Regulation terms and conditions apply to this acquisition and are included by reference: 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017) 52.204-7 System for Award Management (OCT 2016) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (FEB 2016) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.212-1 Instructions to Offerors-Commercial Items. (Jun 2020) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A) If it was transmitted tough an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST ( https://assist.dla.mil/online/start/). (ii) Quick Search ( http://quicksearch.dla.mil/). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase teshold, and offers at or below the micro-purchase teshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (k) [Reserved] (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of provision) FAR 52.212-2, Evaluation-Commercial Items, (OCT 2014) applies to this acquisition. The specific evaluation criteria per in paragraph (a) of that provision is below: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is the Lowest Price Technically Acceptable (LPTA) Offer. Technically acceptable is defined as the offeror’s ability to meet all the requirements/salient characteristics identified in the Statement of Work/Specification and the offeror’s demonstrated ability to perform the contract successfully tough Past Performance. Only the lowest priced offer will be evaluated for technical acceptability. If the lowest priced offer is found not to be technically acceptable, then the next lowest priced offer will be evaluated. This process will continue until a technically acceptable offer is identified; not all offers will be evaluated. The following factors shall be used to evaluate offers: (1) Technical, (2) Past performance, and (3) Price (b) "Options." The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) FAR 52.212-3, Offeror Representations and Certifications-Commercial Items. (FEB 2021) 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 tough https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) tough (v)) of this provision. 26. CAR 1352.215-72 Inquiries. (APR 2010) Offerors must submit all questions concerning this solicitation in writing to cistopher.baker@noaa.gov. Questions should be received no later than one (2) calendar day after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. 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) 27. CAR 1352.233-70 Agency protests (APR 2010) (a) 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 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Cistopher Baker, 439 W York Street, Norfolk, VA 23510 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S. Dept. of Commerce, DOC Senior Procurement Executive, 1401 Constitution Ave. NW, Ste. 6422, Washington, DC 20230. (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, NW., Washington, DC 20230. FAX: (202) 482-5858. (End of clause) 28. CAR 1352.233-71 GAO and Court of Federal Claims protests (APR 2010) (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, NW. Washington DC 20230 Fax: (202) 482-5858. (End of clause) (End of Solicitation and Contract language) NM-AN2190-21-00842 Department of Commerce National Oceanic and Atmospheric Administration
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