Janitorial Services for NOAA Gulf of Mexico Disaster Response Center
Added: Apr 26, 2017 4:01 pm JANITORIAL SERVICES FOR NOAA GULF OF MEXICO DISASTER RESPONSE CENTERCOMBINED SYNOPSIS/ SOLICITATION(i) This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued.(ii) The solicitation is issued as a Request for Quotation (RFQ). The solicitation number is EA133C-17-RQ-0372.(iii) This solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular FAC 2005-95 dated January 19, 2017.(iv) This requirement is being solicited as total small business set aside using FAR Part 12 Acquisition of Commercial Items and FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items. The NAICS Code is 561720- Janitorial Services with a small business size standard of $18 million.(v) SCHEDULE OF SUPPLIES/SERVICES: The contractor shall provide prices in the Schedule of Supplies/Services Table provided at Attachment 1. Prices quoted herein shall be in accordance with the Performance Work Statement for Janitorial Service (PWS), Attachment 2 and Department of Labor Wage Determination Number 2015-4605, Attachment 3. The contractor shall price the option periods using this determination. In the event the option period(s) are exercised by the Government, the contract price(s) will be adjusted upward or downward at the time the option period is exercised in accordance with FAR clause FAR 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple year and option contracts) for submission requirements pertaining to any such future price adjustments.(vi) DESCRIPTION OF WORK: The contractor shall furnish all personnel, supplies, supervision, tools, materials, equipment, and such other items as are necessary to perform janitorial services at the NOAA Gulf of Mexico Disaster Response Center (DRC) to ensure the facility retains a cleanly appearance. The contractor shall perform this work in accordance with the PWS at Attachment 2.(vii) PERIOD AND PLACE OF PERFORMANCEPERIOD OF PERFORMANCE: The performance period for this requirement includes a base period of 12 months and four 12-month option periods for a total of 60 months. The contracting officer may extend up to six months in accordance with FAR clause 52.217-8, Option to Extend Services. The period of performance dates are as follows:a) Base year June 11, 2017- June 10, 2018b) Option year I June 11, 2018- June 10, 2019c) Option year II June 11, 2019- June 10, 2020d) Option year III June 11, 2020- June 10, 2021e) Option year IV June 11, 2021- June 10, 2022PLACE OF PERFORMANCE: The place of performance is NOAA Gulf of Mexico Disaster Response Center 7344 Zeigler Blvd. Mobile, AL 36608.(viii) FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN 2017) FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JAN 2017) applies to this acquisition with the following addendum to the provision: a) Quotes must be submitted by Wednesday, May 10, 2017, 4:00 PM EDT. Quotes must be submitted electronically via e-mail to Tracy Trickett at tracy.trickett@noaa.gov and Shavonda Jamison at shavonda.jamison@noaa.gov. The due date for receipt of questions is Wednesday, May 03, 2017, 4:00PM EDT. All questions must be submitted to Ms. Trickett and Mrs. Jamison via email only.b) Offerors are required to submit a Business Solution which will be used to assess the offerors' capability to perform the services described in the Performance Work Statement (PWS). The solution shall clearly demonstrate that the offeror has a thorough understanding of the effort called for herein.c) Offerors shall assume that the Government has no prior knowledge of them and that it will base its evaluation on the information presented in the Solution; as such, Solutions must be fully self-sufficient and provide all necessary information for a comprehensive evaluation. Solutions must be sufficient enough so as to show how the offeror proposes to accomplish the effort described in the Performance Work Statement, including a full explanation of the procedures and techniques to be followed.The following volumes of material shall be submitted for each quote: Volume I - Business SolutionBusiness Solution: Electronic copies shall include all information required for evaluation, excluding any reference to price. Volume I shall be subdivided into the following factors:• Technical Approach• Management Approach• Past PerformanceThe Business Solution shall be subdivided by the factors listed above and shall collectively be no more than 50 pages. Pages submitted above this page count will not be read or considered part of the evaluation. Each side of a single sheet of paper is considered a page, such that a single sheet of 8 ½ X 11, is two pages of the 50 page total, exclusive of dividers and any single sheet front or back cover. Each page in this volume shall be separately numbered.The quote shall not merely offer to perform work in accordance with the PWS but shall outline the actual work proposed as specifically as practical. The PWS reflects the objectives of the program under consideration; therefore, repeating the PWS without sufficient elaboration will not be acceptable. It shall contain technical information that addresses how the offeror plans to meet the requirements of the solicitation based on the following evaluation criteria and shall not include any pricing information.Volume II - Price QuotePrice Quote - Electronic copies.VOLUME I - BUSINESS SOLUTIONA. Management Approach: Offerors shall address how the project is to be organized, staffed (including back-up personnel), and managed. The quote shall include an organizational chart with lines of authority. The quote must explain how the management and coordination of subcontractor efforts will be accomplished. The quote must contain plans for maintaining employee training and certifications. The quote must provide evidence of employee relevant training and experience which allow employee to successfully complete task described in the PWS. In particular, the quote should demonstrate employee experience with the facility components (waterless urinals, bio-based tiles, etc.) described in the PWS. If Contractor Team Arrangements (CTAs) are offered, the offeror shall specifically identify that the contractors are offering a CTA and provide a CTA Document. The document shall clearly communicate how the arrangement will work, identify all team members and if applicable, the team lead should also be identified as should the individual team members responsible for performance, etc. If subcontracting is planned or anticipated, the management approach shall include to the extent and in what functional areas/activities subcontracting will be utilized.B. Technical Approach: Offerors should clearly describe their understanding of what is required under this RFQ. The technical approach should clearly address the requirements in sufficient detail to demonstrate that the offeror understands the requirement described in the PWS (Attachment 2). The approach should address how the offeror will satisfy the specific requirements of the PWS and fill the client's needs. The technical approach should include a discussion of quality assurance control measures and how quality assurance performance and products will be assured.C. Past Performance: Offerors shall describe relevant performance on other contracts or affirmatively state that it possesses no relevant past performance. List a minimum of tee contracts similar in size, content, and complexity to the requirement described in the PWS. Information shall include: 1. Contract Number 2. Name And Address Of The Government Agency Or Commercial Entity 3. Brief Description Of Work/Services Provided and the Relevance to the requirements herein 4. Point of Contact With Current Phone Number and E-Mail Address5. Date of Contract Award 6. Period of Performance 7. Initial and Current Task order Value, and the Extent of Subcontracting.The requested past performance shall not be older than tee years. The Government reserves the right to contact any government and private source in addition to those included with the quote. If a CTA is quoted, the above information must be provided for all team members.VOLUME II - PRICE QUOTEThe price quote shall be submitted separately from the Business Solution using the Schedule of Supplies or Services Table (Attachment 1). The offeror shall include the unit price and the total amount for each contract line item number (CLIN) for each of the twelve-month pricing periods. The offeror shall include the fully burden rate to provide equipment, materials, tools, and labor for emergency or special event cleaning and the total amount for each option item for each of the pricing periods. The offeror provided pricing for each of the five pricing periods will be added together to derive the overall evaluated price. 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) or the option item(s). Award is anticipated to be on or about May 30, 2017. Performance will begin on June 11, 2017 and continue for a twelve-month period. Prices offered are understood to be for a period of performance beginning within the range stated herein and for each option period exercised thereafter.END OF ADDENDUM TO FAR 52.212-1(ix) FAR 52.212-2, EVALUATION--COMMERCIAL ITEMS (OCT 2014) FAR 52.212-2, EVALUATION--COMMERCIAL ITEMS (OCT 2014) applies to this acquisition and the specific evaluation criterion to be included in paragraph (a) of the provision is as follows:The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.The determination of greatest value will be made by comparing the differences in the values of the Business Solution factors with the differences in the prices proposed. The Business Solution factors when combined are significantly more important that price. However, the Government will not make an award at a significantly higher overall price to achieve only slightly superior performance capability. The Government will make this assessment tough the development of trade-off analyses or other analytical studies that involve the assessment of benefits of superior performance capability features versus the added costs. As non-price factors approach equality, price as an evaluation factor becomes increasingly more important. The Government intends to award without discussions; however, the Government may conduct discussion if determined necessary.The quotes will be evaluated on the criteria listed below:VOLUME I - BUSINESS SOLUTIONThe business solution factors, listed in descending order of importance, when combined are significantly more important than price.MANAGEMENT APPROACHIn accordance with the "Instructions to Offerors" above, quotes will be evaluated on the offeror's offered staffing plan, management and oversight, employee qualification, and ability to fulfill and execute the requirements of the PWS.TECHNICAL APPROACHIn accordance with the "Instructions to Offerors" above, quotes will be evaluated on the information contained in the technical approach that demonstrates the degree of understanding by the offeror of the requirements and proposed methodology.PAST PERFORMANCEIn accordance with the "Instructions to Offerors" above, quotes will be evaluated on the offeror's demonstrated relevant past performance or affirmative statement that it possesses no relevant or no past performance. Relevant past performance is performance under contracts or efforts (within the past 3 years) that is of the same or similar scope, magnitude, and complexity to that which is described in the solicitation. This information will be used to assess the contractor's past performance history. Offerors without a record of relevant past performance or for whom information on past performance is not available will be given a neutral rating.VOLUME II - PRICE QUOTEThe Business Solution factors when combined are significantly more important than price. While the price is not the most important evaluation factor, its importance in this procurement will not be overlooked. The degree of its importance will increase commensurately with the degree of equality among technical solutions. For evaluation purposes, the entire 60 months potential period shall be broken out in five 12-month periods (base and option periods) will be evaluated.(x) FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (Jan 2017) Offeror shall include a complete copy of the provision at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer.(xi) FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) FAR 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JAN 2017) applies to this acquisition with the following addendum to the clause: FAR 52.212-4 (a) INSPECTION AND ACCEPTANCE IS AUGMENTED TO ADD THE FOLLOWING:PERFORMANCE OBJECTIVES/METHOD FOR INVOICE DEDUCTIONSPerformance Objectives: The contractor is expected to perform all periodic service tasks as shown in the PWS. Deductions from the contractor's monthly invoices will be taken when performance fails to meet established standards. Established Standards: Established standards are defined as failure to complete any of the periodic tasks. Upon notification by the COR of a deficiency, the contractor will be given 24 hours to correct the deficiency. An example of a deficiency is the failure to empty a trash can(s), failure to stock a restroom(s), etc. If the contractor is notified of tee deficiencies within a thirty (30) day period, performance is deemed "unsatisfactory" and a deduction will be taken from the contractor's next invoice in accordance with the procedures that follow.Procedures: When contractor performance is determined to be unsatisfactory in accordance with established standards, an invoice deduction will be taken. Deductions will be calculated 1/30th of the unit price (monthly rate) for each incidence of unsatisfactory performance. It is possible that more than one incidence of unsatisfactory performance is deducted from any given invoice.(xii)FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMSFAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items applies to this acquisition and the following clauses cited in the clause are applicable to this acquisition:Employee Class Government Labor Category Monetary Wage - Fringe Benefit11150 Janitor WG-2(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).(28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).(33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)(35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50) (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). (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).Employee Class: 11150Government Labor Category: JanitorMonetary Wage-Fringe Benefit: WG-2 This statement is for information only; it is not a Wage Determination.(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (XIII) ADDITIONAL APPLICABLE CONTRACT REQUIREMENTS OR TERMS AND CONDITIONSA. LIST OF ATTACHMENTS1. ATTACHMENT 1: SCHEDULE OF SUPPLIES OR SERVICES2. ATTACHMENT 2: PEFORMANCE WORK STATEMENT FOR JANITORIAL SERVICES (PWS)3. ATTACHMENT 3: WAGE DETERMINATION NO 2015-4605 /REVISION NO 3B. APPLICABLE CONTRACT CLAUSES AND PROVISIONS1. FAR 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-02)(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.2. 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 seven (7) days.3. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)(a) The Government may extend the term of this contract by written notice to the Contractor within seven (7) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least seven (7) days before the contract expires. The preliminary notice does not commit the Government to an extension.(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.4. FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEPT 2013)(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-(1) The product cannot be acquired-(i) Competitively within a time frame providing for compliance with the contract performance schedule;(ii) Meeting contract performance requirements; or(iii) At a reasonable price.(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:(i) Spacecraft system and launch support equipment.(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.(b) Information about this requirement and these products is available at http://www.biopreferred.gov.(c) In the performance of this contract, the Contractor shall-(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and(2) Submit this report no later than-(i) October 31 of each year during contract performance; and(ii) At the end of contract performance.5. FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFTEY DATA (JAN 1997)(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.Material (If none, insert "None") Identification No.____________________ ______________________________________ ______________________________________ __________________ (c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous. (d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;(ii) Obtain medical treatment for those affected by the material; and(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.(3) The Government is not precluded from using similar or identical data acquired from other sources.(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this clause.(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS's with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS's must be placed in a weather resistant envelope. 6. FAR 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)(a) Definitions. As used in this clause-"Recycling" means the series of activities, including collection, separation, and processing, by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion."Waste prevention" means any change in the design, manufacturing, purchase, or use of materials or products (including packaging) to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials."Waste reduction" means preventing or decreasing the amount of waste being generated tough waste prevention, recycling, or purchasing recycled and environmentally preferable products.(b) Consistent with the requirements of section 3(e) of Executive Order 13423, the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor's programs shall comply with applicable Federal, State, and local requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR Part 247). 7. FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008) (a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired-(1) Competitively within a timeframe providing for compliance with the contract performance schedule;(2) Meeting contract performance requirements; or(3) At a reasonable price. (b) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm. 8. CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (MAR 2010)The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the task order terms and conditions, including price.9. CAR 1352.201-72 CONTRACTING OFFCIER'S REPRESENTATIVE (COR) (APR 2010)(a) TBD 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:TBD Phone Number: E-mail:(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 tough 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.10. CAR 1352.228-70 INSURANCE COVERAGE (APR 2010)(a) Workers Compensation and Employer's Liability. The contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.(b) General liability. (1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $0.00(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.11. CAR 1352.233-70 HARMLESS FROM LIABILITY (MAR 2000)The contractor shall hold and save the Government, its' officers, agents and employees harmless from liability of any nature or kind, including costs and expenses to which they may be subject, for or on account of any or all suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or persons or property by virtue of performance of this contract, arising or resulting in whole or in part from the fault, negligence, wrongful act or wrongful omission of the contractor, or any subcontractor, their employees or agents.12. CAR 1352.237-74 PROGRESS REPORT (APR 2010)The contractor shall submit, to the Government, a progress report one month after the effective date of the contract, and every month thereafter during the period of performance. The contractor shall deliver progress reports that summarize the work completed during the performance period, the work forecast for the following period, and state the names, titles and number of hours expended for each of the contractor's professional personnel assigned to the contract, including officials of the contractor. The report shall also include any additional information, including findings and recommendations that may assist the Government in evaluating progress under this contract. The first report shall include a detailed work outline of the project and the contractor's planned phasing of work by reporting period.13. 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) 482-5858.14. CAR 1352.237-75 KEY PERSONNEL (APR 2010)(a) The contractor shall assign to this contract the following key personnel:(NAME), PROJECT MANAGER(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.15. 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 Gulf of Mexico Disaster Response Center 7334 Zeigler Blvd Mobile, AL 3660816. CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)The 12 month base period of performance of this purchase order will begin on June 11, 2017. If an option is exercised, the period of performance shall be extended and continue tough the end of that option period for a period of 12 months, for a potential overall purchase order ordering period of 60 monthsa) Base year June 11, 2017- June 10, 2018b) Option year I June 11, 2018- June 10, 2019c) Option year II June 11, 2019- June 10, 2020d) Option year III June 11, 2020- June 10, 2021e) Option year IV June 11, 2021- June 10, 2022The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9. Should the option at 52.217-8, Option to Extend Services Tem of the Contract be exercised, up to six additional months may be added to the period of performance. 17. 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: Shavonda Jamison, 200 Granby Street, 8th Floor, 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) 482-5858.18. NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015)By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the task order of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in:a) 41 U.S.C. § 2103 regarding contacts between a federal employee working on a procurement and an offeror about prospective employment;b) 18 U.S.C. § 207 regarding the restrictions on former federal employees having contact with a federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a federal employee or for which the former federal employee had official responsibility;c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former federal agency on behalf of another person or entity concerning any official matter; andd) 41 U.S.C. § 2104 regarding the restrictions on a former federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor.19. 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: (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.20. NAM 1330-242.70 SUBMITTAL OF INVOICESThe Contractor shall prepare and submit an invoice to the COR for approval, with a copy to the contract specialist for information. All invoices shall be submitted by the 10th day of the subsequent month.Invoices shall be sent by electronic mail to the designated billing office as follows:NOAA/NOS/ /CCMA1305 East-West HighwaySSMC4, N/SCI1Silver Spring, MD 20910COR E-mail: (To be provided at the time of award) Contract Specialist E-mail: Nancy.Svabek@noaa.govShould a different designated billing office apply from that above, it will be identified in individual call orders.The requirements of a proper invoice are as specified in the Federal Supply Schedule (FSS) contract. Unless otherwise agreed to, all invoices under this BPA must contain the following information:a) Name of Contractorb) BPA numberc) Call order numberd) Date of ordere) Period covered by billing/invoicef) Contact name and phone numberg) Services provided, including category, number of hours, hourly rate and extension of costsThe contractor will submit invoices to the Contracting Officer's Technical Representative (COR) stating the hours worked and the task completed. 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.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.21. NOAA/EAD REQUIREMENTS FOR HSPD-12 (APRIL 2006)The performance of this contract requires contractors to have physical access to Federal premises for more than 180 days or access to a Federal information system. Any items or services delivered under this contract shall comply with the Department of Commerce personal identity verification procedures that implement HSPD-12, FIPS PUB 201, and OMB Memorandum M-05-24. The contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally controlled facility or access to a Federal information system.22. NOAA/EAD GOVERNMENT-CONTRACTOR RELATIONS (MARCH 2006)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 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.c) Employee relationship. Rules, regulations, directives, and requirements that are issued by the DOC/NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation 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.d) Inapplicability of employee benefits. This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.e) Notice. The Contractor shall notify the Contracting Officer in writing within 3 calendar days from the date of any incident that the Contractor considers to constitute a violation of this clause. The notice should include the date, nature and circumstance of the conduct, the name, function and activity of each Government employee or Contractor official or employee involved or knowledgeable about such conduct, identify any documents or substance of any oral communication involved in the conduct, and the estimate in time by which the government must respond to this notice to minimize cost, delay, or disruption of performance.23. 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:1) Allow contractors to better prepare for and propose on business opportunities.2) Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefitting from.3) Identify constraints in transparency and process.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 AG) Ombudsman will maintain the reasonable and responsible confidentiality of the source of the 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 officers' 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:1) Consulting with the AGO Ombudsman does not alter or postpose the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A-76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.)2) The AGO Ombudsman cannot participate in the evaluation of proposal, source selection processes, or the adjudication of protests or formal contract disputes.3) The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.4) The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contract, or their terms and conditions.5) The AGO Ombudsman cannot overrule the authorized decision or determinations of the contracting officer.6) The AGO Ombudsman has no authority to render a decision that bind AGO, NOAA, the Department of Commerce, or the U.S. Government.7) 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).a) 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.b) The AGO Ombudsman is not to be contacted to request copies or forms and/or documents under the purview of a contracting officer. Such documents in Request for Information, solicitations, amendments, contracts, modifications, or conference materials.c) Questions regarding this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.24. EAD OPTION FOR EMERGENCY OR SPECIAL EVENT CLEANING SERVICES- SEPARATELY PRICED LINE ITEMS (APR 2017)The Government may require the performance of emergency or special event cleaning services, identified in the Schedule of Supplies or Services (Schedule) as an option item, at the prices stated in the Schedule. The Contracting Officer may unilaterally exercise the option for performance of emergency or special event cleaning services separately no more than the quantity cited in the Schedule during the period of performance of the contract. Performance of the emergency or special event cleaning shall be as stated in the Performance Work Statement, Section 1.5 Emergency or Special Event Cleaning Services of the contract. 25. 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 these address:FAR: https://www.acquisition.gov/?q=browsefarCAR: http://www.osec.doc.gov/oam/acquistion_management/policy/NAM: http://www.ago.noaa.gov/acquisition/AcqManualThe following contract clauses are incorporated by reference:FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)FAR 52.204-13, System for Award Management Maintenance (JUL 2013)FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013)FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)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 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE - FIXED PRICE (APR 2010)CAR 1352.237-71 Security Processing Requirements - Low Risk Contracts (APR 2010)CAR 1352.239-70 Software License Addendum26. FAR 52.252-1 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:FAR: https://www.acquisition.gov/?q=browsefarProvision No. Provision Title DateFAR 52.217-5 Evaluation Of Options JUL 1990(XIV) DEFENSE PRIORITIES AND ALLOCATIONS SYSTEMThe Defense Priorities and Allocations System (DPAS) and assigned rating, is not applicable to this requirement.(xv) QUOTATION DUE DATE: Quotes must be submitted via electronic means (e-mail) by 4:00 P.M. EST on Wednesday, May 10, 2017. The anticipated award date is on or about Tuesday, May 30, 2017. Contractors are encouraged to register with the FedBizOpps Offeror Notification Service as well as the Interested Offerors List for this acquisition (see applicable tab within FedBizOpps where this synopsis/solicitation is posted). 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/.(xvi) QUESTIONS: All questions must be submitted to Tracy Trickett at tracy.trickett@noaa.gov and Shavonda Jamison at shavonda.jamison@noaa.gov. The due date for receipt of questions is Wednesday, May 03, 2017, 4:00PM EDT.
EA133C-17-RQ-0372 Department of Commerce National Oceanic and Atmospheric Administration
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