1. 1332KP21RNEEB0003 SF1449 Solicitation.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

NE-EB3000-21-00164

1332KP21RNEEB0003

SAMANTHA DUBLIN

SAMANTHA.DUBLIN@NOAA.GOV 301-628-1349

4:00 PM ET

AJF00025

SATELLITE AND INFO ACQ DIV

1325 EAST WEST HWY

SSMC2, 11th FLOOR

SILVER SPRING MD 20910

561210

EB300031

USDOC/NOAA/NESDIS/FCDAS

1300 EISELE ROAD

FAIRBANKS AK 99712

see continuation page for line item details.

See Schedule

SEP 29, 2021

Please

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

1332KP21RNEEB0003

Attachment Page

PAGE 3 OF 84 1332KP21RNEEB0003

SECTION B: SERVICES AND PRICES/COSTS

Contract Line Item Number

Description CLIN Type QTY

Unit of

Issue

Unit Price

Extended Price

0001 Base Period (Period of Performance: February 1, 2022 – January 31, 2023)

0001AA Missions Systems Operations and Maintenance FFP 12 MO $ $ 0001AB Risk Management FFP 12 MO $ $ 0001AC IT System Support Requirements FFP 12 MO $ $ 0001AD IT Security FFP 12 MO $ $ 0001AE Facilities Systems Operation and Maintenance FFP 12 MO $ $ 0001AF Environmental, Safety, and Health FFP 12 MO $ $ 0001AG Property Management and Logistics FFP 12 MO $ $ 0001AH Security Guard Services FFP 12 MO $ $ 0001AI Management and Administrative Requirements FFP 12 MO $ $

TOTAL (CLIN 0001 AA - 0001AI): $

0002 Base Period (Period of Performance: February 1, 2022 – January 31, 2023)

0002AA Repairs* T&M 1 NTE $45,000.00 0002AB Government Directed Overtime** T&M 1 NTE $75,000.00 0002AC Travel* T&M 1 NTE $25,000.00 0002AD Training* T&M 1 NTE $5,000.00

TOTAL (CLIN 0002AA - 0002AD): $150,000.00

TOTAL (CLIN 0001 - 0002):

1001 Option Period I (Period of Performance: February 1, 2023 – January 31, 2024)

1001AA Missions Systems Operations and Maintenance FFP 12 MO $ $ 1001AB Risk Management FFP 12 MO $ $ 1001AC IT System Support Requirements FFP 12 MO $ $ 1001AD IT Security FFP 12 MO $ $ 1001AE Facilities Systems Operation and Maintenance FFP 12 MO $ $ 1001AF Environmental, Safety, and Health FFP 12 MO $ $ 1001AG Property Management and Logistics FFP 12 MO $ $ 1001AH Security Guard Services FFP 12 MO $ $ 1001AI Management and Administrative Requirements FFP 12 MO $ $

TOTAL (CLIN 1001AA - 0001AI): $

1002 Option Period I (Period of Performance: February 1, 2023 – January 31, 2024) 1002AA Repairs* T&M 1 NTE $46,350.00 1002AB Government Directed Overtime** T&M 1 NTE $77,250.00 1002AC Travel* T&M 1 NTE $25,750.00 1002AD Training* T&M 1 NTE $5,150.00

PAGE 4 OF 84 1332KP21RNEEB0003

TOTAL (CLIN 1002AA - 1002AD): $154,500.00

TOTAL (CLIN 1001 - 1002):

2001 Option Period II (Period of Performance: February 1, 2024 – January 31, 2025)

2001AA Missions Systems Operations and Maintenance FFP 12 MO $ $ 2001AB Risk Management FFP 12 MO $ $ 2001AC IT System Support Requirements FFP 12 MO $ $ 2001AD IT Security FFP 12 MO $ $ 2001AE Facilities Systems Operation and Maintenance FFP 12 MO $ $ 2001AF Environmental, Safety, and Health FFP 12 MO $ $ 2001AG Property Management and Logistics FFP 12 MO $ $ 2001AH Security Guard Services FFP 12 MO $ $ 2001AI Management and Administrative Requirements FFP 12 MO $ $

TOTAL (CLIN 2001AA - 2001AI): $

2002 Option Period II (Period of Performance: February 1, 2024 – January 31, 2025)

2002AA Repairs* T&M 1 NTE $47,740.50 2002AB Government Directed Overtime** T&M 1 NTE $79,567.50 2002AC Travel* T&M 1 NTE $26,522.50 2002AD Training* T&M 1 NTE $5,304.50

TOTAL (CLIN 2002AA - 2002AD): $159,135.00

TOTAL (CLIN 2001 - 2002):

3001 Option Period III (Period of Performance: February 1, 2025 – January 31, 2026)

3001AA Missions Systems Operations and Maintenance FFP 12 MO $ $ 3001AB Risk Management FFP 12 MO $ $ 3001AC IT System Support Requirements FFP 12 MO $ $ 3001AD IT Security FFP 12 MO $ $ 3001AE Facilities Systems Operation and Maintenance FFP 12 MO $ $ 3001AF Environmental, Safety, and Health FFP 12 MO $ $ 3001AG Property Management and Logistics FFP 12 MO $ $ 3001AH Security Guard Services FFP 12 MO $ $ 3001AI Management and Administrative Requirements FFP 12 MO $ $

TOTAL (CLIN 3001AA - 3001AI): $

3002 Option Period III (Period of Performance: February 1, 2025 – January 31, 2026)

3002AA Repairs* T&M 1 NTE $49,172.72 3002AB Government Directed Overtime** T&M 1 NTE $81,954.53 3002AC Travel* T&M 1 NTE $27,318.18 3002AD Training* T&M 1 NTE $5,463.64

TOTAL (CLIN 3002AA - 3002AD): $163,909.07

TOTAL (CLIN 3001 - 3002):

PAGE 5 OF 84 1332KP21RNEEB0003

4001 Option Period IV (Period of Performance: February 1, 2026 – January 31, 2027)

4001AA Missions Systems Operations and Maintenance FFP 12 MO $ $ 4001AB Risk Management FFP 12 MO $ $ 4001AC IT System Support Requirements FFP 12 MO $ $ 4001AD IT Security FFP 12 MO $ $ 4001AE Facilities Systems Operation and Maintenance FFP 12 MO $ $ 4001AF Environmental, Safety, and Health FFP 12 MO $ $ 4001AG Property Management and Logistics FFP 12 MO $ $ 4001AH Security Guard Services FFP 12 MO $ $ 4001AI Management and Administrative Requirements FFP 12 MO $ $

TOTAL (CLIN 4001AA - 4001AI): $

4002 Option Period IV (Period of Performance: February 1, 2026 – January 31, 2027)

4002AA Repairs* T&M 1 NTE $50,647.90 4002AB Government Directed Overtime** T&M 1 NTE $84,413.16 4002AC Travel* T&M 1 NTE $28,137.72 4002AD Training* T&M 1 NTE $5,627.54

TOTAL (CLIN 4002AA - 4002AD): $168,826.32

TOTAL (CLIN 4001 - 4002):

TOTAL CONTRACT VALUE (BASE PERIOD + FOUR OPTION PERIODS):

*The values listed in the Schedule for these items represent the Government’s best estimate of the requirement for evaluation purposes. The number listed does not guarantee the contractor the total estimated value to be performed. Any reallocation between the SubCLINs within the ceiling amount requires prior written approval by the Contracting Officer (CO).

**Labor rates for Government Directed Overtime shall be in accordance with Section J, Attachment 2. These rates shall be fully loaded billable rates which include costs of overhead, G&A, fringe benefits, profit, insurance, etc. These rates shall be used regardless of the number of hours actually ordered.

- END OF SECTION B -

PAGE 6 OF 84 1332KP21RNEEB0003

SECTION C: PERFORMANCE WORK STATEMENT

The Performance Work Statement (PWS) is attached as Section J, Attachment 1.

- END OF SECTION C -

PAGE 7 OF 84 1332KP21RNEEB0003

SECTION D: PACKAGING AND MARKING

There are no specific packaging and marking requirements for items delivered under the contract.

There are no clauses/provisions in this section.

- END OF SECTION D -

PAGE 8 OF 84 1332KP21RNEEB0003

SECTION E: INSPECTION AND ACCEPTANCE

E.1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

E.2 52.246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)

E.3 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/NESDIS Fairbanks Command and Data Acquisition Station 1300 Eisele Road Fairbanks, AK 99712-1725

(End of clause)

- END OF SECTION E -

PAGE 9 OF 84 1332KP21RNEEB0003

SECTION F: DELIVERIES OR PERFORMANCE

F.1 52.242-15 STOP-WORK ORDER (AUG 1989)

F.2 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.3 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

The base period of performance of this contract is from February 1, 2022 through January 31, 2023. If an option is exercised, the period of performance shall be extended through the end of that option period.

The option periods that may be exercised are as follows:

Option Period I: February 1, 2023 through January 31, 2024 Option Period II: February 1, 2024 through January 31, 2025 Option Period III: February 1, 2025 through January 31, 2026 Option Period IV: February 1, 2026 through January 31, 2027

The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.

F.4 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEP 2005)

The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

Item Description Quantity Due Date Deliver to Reference

See Section X, Table A, Reporting Requirements Summary, of Attachment 2, Performance Work Statement

- END OF SECTION F -

PAGE 10 OF 84 1332KP21RNEEB0003

SECTION G: CONTRACT ADMINISTRATION DATA

G.1 1352.201-70 CONTRACTING OFFICER´S AUTHORITY (APR 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 contract terms and conditions, including price.

G.2 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010)

(a) (To be specified at the time of award) 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:

NOAA/NESDIS Fairbanks Command and Data Acquisition Station 1300 Eisele Road Fairbanks, AK 99712-1725 Phone Number: TBD Email: TBD

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

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.

The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer.

The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

G.3 HOLIDAYS

PAGE 11 OF 84 1332KP21RNEEB0003

(a) The Government hereby provides notice and contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

i. New Year’s Day

ii. Birthday of Martin Luther King, Jr.

iii. Washington’s Birthday

iv. Memorial Day

v. Juneteenth National Independence Day

vi. Independence Day

vii. Labor Day

viii. Columbus Day

ix. Veterans Day

x. Thanksgiving Day

xi. Christmas Day

(b) In addition to the days designated as holidays, the Government observes the following:

i. Any other day designated by Federal Statute.

ii. Any other day designated by Executive Order.

iii. Any other day designated by the President's Proclamation.

(c) When any such day falls on a Saturday, the preceding Friday is observed. When any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel will not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, estimated cost, or fee(s), if any, except as set forth in the contract.

(d) Except for designated around-the-clock or emergency operations, contractor personnel shall not be able to perform on-site under this contract with National Oceanic and Atmospheric Administration (NOAA) on holidays set forth above. The contractor shall not charge any holiday as direct charge to the contract. In the event contractor personnel work during a holiday observed by the contractor other than those above, no form of holiday or other premium compensation will be reimbursed as either a direct or indirect cost. However, this does not preclude reimbursement for authorized overtime work.

(e) In the event NOAA grants administrative leave to its Government employees at the site, on-site contractor personnel shall also be dismissed if the site is being closed. However, the contractor shall continue to provide sufficient personnel to perform around-the-clock requirements of critical efforts already in progress or scheduled and shall be guided by the instructions issued by the Contracting Officer and her/his duly appointed representative. In each instance when the site is closed to contractor personnel as a result of inclement weather, potentially hazardous conditions, explosions, or other special circumstances, the contractor will direct its staff as necessary to take actions such as reporting to its own site(s) or taking appropriate leave consistent with its policies. The cost of salaries and wages to the contractor for the period of any such site closure shall be a reimbursable item of direct cost under the contract for employees whose regular time is normally a direct charge, if they continue to perform on contract work; otherwise, the costs

PAGE 12 OF 84 1332KP21RNEEB0003

are reimbursable as indirect costs in accordance with the contractor's established accounting policy.

G.4 EVALUATION OF CONTRACTOR PERFORMANCE

Interim and final evaluations of contractor performance will be prepared on this contract through the Contract Performance Assessment Reporting System (CPARS). The final performance evaluation will be prepared within 30 days of completion of work. In addition to the final evaluation, at least one interim evaluation will be prepared during the base period and each option period, if exercised.

Interim and final evaluations will be provided to the contractor as soon as practicable after completion of the evaluation. The contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the Contracting Officer, whose decision will be final. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

G.5 NONPERSONAL SERVICES

(a) Pursuant to FAR 37.1, no personal services shall be performed under this contract. All work requirements shall flow only from the Contracting Officer or the Contracting Officer’s Representative to the contractor’s Project Manager. No contractor employee will be directly supervised by the Government. All individual contractor employee assignments, and daily work direction, shall be given by the applicable contractor employee supervisor. If the contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any contractor employee, the contractor shall promptly notify the Contracting Officer of this communication or action.

(b) Pursuant to FAR 7.5, the contractor shall not perform any inherently governmental actions under this contract. No contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, contractor employees shall identify themselves as contractor employees and specify the name of the company for which they work. In all communications with other Government contractors in connection with this contract, the contractor employee shall state that they have no authority to in any way change the contract and that if the other contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

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(c) The contractor shall ensure that all of its employees working on this contract are informed of the substance of this article. Nothing in this article shall limit the Government's rights in any way under the other provisions of the contract, including those related to the Government’s right to inspect and accept the services to be performed under this contract. The substance of this article shall be included in all subcontracts at any tier.

G.6 GOVERNMENT PROPERTY INCIDENTAL TO THE PLACE OF PERFORMANCE

The Government shall furnish, exclusively for use in the performance of the contract, the following:

(a) Necessary on-site office space

(b) Necessary on-site office furniture, computers, and access to computer facilities;

(c) Telephone services for official use; and

(d) LAN, Internet, and e-mail access.

G.7 1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

The Government will provide the following item(s) of Government property to the contractor for use in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of the "Government Property" clause included in this contract. The Government Furnished Property list is attached as Section J, Attachment 9.

- END OF SECTION G -

PAGE 14 OF 84 1332KP21RNEEB0003

SECTION H: SPECIAL CONTRACT REQUIREMENTS

H.1 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

H.2 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

H.3 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

H.4 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.5 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE-

FIXED PRICE (APR 2010)

H.6 1352.231-71 DUPLICATION OF EFFORT (APR 2010)

H.7 1352.237-70 SECURITY PROCESSING REQUIREMENTS - HIGH OR MODERATE

RISK CONTRACTS (APR 2010)

H.8 1352.237-72 SECURITY PROCESSING REQUIREMENTS – NATIONAL

SECURITY CONTRACTS (APR 2010)

H.9 1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO

DEPARTMENTAL RESOURCES (APR 2010)

H.10 1352.239-72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY

RESOURCES (APR 2010)

H.11 1352.227-70 RIGHTS IN DATA, ASSIGNMENT OF COPYRIGHT (APR 2010)

In accordance with 48 CFR 52.227-17, Rights in Data - Special Works, the contractor agrees to assign copyright to data, including reports and other copyrightable materials, first produced in performance of this contract to the United States Government, as represented by the Secretary of Commerce.

(End of clause)

H.12 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.

PAGE 15 OF 84 1332KP21RNEEB0003

(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.

(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.

(End of clause)

H.13 1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel (to be approved by the Contracting Officer in writing at the time of award):

On-Site Project Manager: TBD On-Site Operations Manager: TBD On-Site Facilities Manager: TBD On-Site Information Systems Security Officer (ISSO): TBD Environmental, Safety, and Health Manager: TBD Armed Contract Security Officer Supervisor: TBD

(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.

PAGE 16 OF 84 1332KP21RNEEB0003

H.14 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 contract 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; and

(d) 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. (End of solicitation and contract language)

H.15 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.

(a) Definitions.

Contractor Employees - The term “contractor employees,” as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members.

Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim.

Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

PAGE 17 OF 84 1332KP21RNEEB0003

It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true:

● Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment;

● Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

● The conduct unreasonably 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 threats, 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.

(b) Requirements.

1. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment.

2. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor.

3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the Contracting Officer’s Representative (COR), subset of the COR (e.g. Task Manager or Assistant COR), or Contracting Officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6.07, Reporting from Remote Locations.

4. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants’ needs are addressed.

5. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor’s written policy (where applicable).

6. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within 30 business days of contract award or the date a contractor employee is assigned to perform under the contract, as applicable.

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Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or CO (if no COR assigned) within 10 business days of completion.

Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or Contracting Officer (if no COR assigned) no later than March 1st of each calendar year of contract performance.

7. 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. A link to the website including the required elements of the training is provided at https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed.

8. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training.

9. NOAA’s Workplace Violence Program Manager, COR, or CO may periodically review the contractor’s training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor.

10. Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of NAO 202-1106.

11. The contractor shall provide a copy of this solicitation and contract language and NAO 202- 1106 to contractor employees.

(c) Sexual Assault/Sexual Harassment (SASH) Helpline.

For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee. All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week. The NOAA SASH helpline is accessible through a variety of channels, including:

● Phone: 1-866-288-6558

● Website & Online Chat: https://www.noaasashhelpline.org/

● Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores)

● Text: (202) 335-0265

(d) Confidentiality.

Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information

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confidential. “Confidentiality” means that the information shall only be shared with others who have a need to know the information to conduct their official duties.

(e) Remedies.

In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in:

1. Requiring the contractor to remove a contractor employee or employees from the performance of the contract;

2. Requiring the contractor to terminate a subcontract;

3. Suspension of contract payments until the Contractor has taken appropriate remedial action;

4. Termination of the contract for default or cause, in accordance with the termination clause of this contract;

5. Suspension or debarment; or

6. Other appropriate action.

H.16 1330-52.232-70 NOAA LIMITATION OF FUNDS ON TIME-AND-MATERIALS AND

LABOR-HOUR CONTRACTS (MAY 2015)

It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price of [TBD]. Funds in the amount of [TBD] are hereby allotted. The balance of this contract’s estimated ceiling will be allotted upon availability of funds through a unilateral modification(s).

(a) The parties estimate that performance of this contract will not cost the Government more than the ceiling amount specified in the contract. The contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the ceiling amount.

(b) The Schedule specifies the amount of funds presently available for payment by the Government and allotted to this contract as well as the items covered. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, provided that funds become available. The contractor agrees to perform work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.

(c) The contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 85% of the total funded amount so far allotted to the contract by the Government. The notice shall state the additional funds required to continue performance for the period specified in the Schedule.

(d) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause – The Government is not obligated to reimburse the contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and The

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contractor is not obligated to continue performance under this contract or otherwise incur costs in excess of the amount then allotted to the contract by the Government until the Contracting Officer notifies the contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this contract.

(e) Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the Schedule, unless they contain a statement increasing the amount allotted.

(f) Nothing in this language shall affect the right of the Government to terminate this contract.

If this contract is terminated, the Government and the contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.

(End of clause)

H.17 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:

● Included in NOAA’s locator, and

● 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.

H.18 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:

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

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2. 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.

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

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

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

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

H.19 1330-52.237-72 CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)

(a) 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.

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:

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

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● 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.

(b) In all instances where contractors are denied access or required to vacate a NOAA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the Contracting Officer will provide direction to the contractor, either directly or through the Contracting Officer’s Representative (COR), which could include continuing on-site performance during the NOAA facility closure period; however, if Government oversight is required and is not available, on-site performance shall not be allowed.

In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts, for example, performing required work off-site if possible or reassigning personnel to other activities if appropriate.

(c) The contractor shall be responsible for monitoring the Office of Personnel Management at opm.gov, the local radio, television stations, NOAA web sites, and other communication channels.

Once the facility is accessible, the contractor shall resume contract performance as required by the contract.

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

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

● Forego the work; or

● Reschedule the work by mutual agreement of the parties.

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

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

Access to Government facilities and resources, including equipment and systems, will be limited and personnel necessary to administer contract performance may not be available. Generally, supply and service contracts that are funded beyond the date of the lapse in appropriation and do not require access to Government facilities, active administration by Government personnel or the use of Government resources in a manner that would cause the Government to incur additional obligations during the lapse in appropriation may continue. If a delivery date for a contract falls during the period of a lapse in appropriations, Government personnel may not be available to

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receive delivery. Contractors are directed to consult with a Contracting Officer before attempting to make a delivery. Contracting Officers will be available throughout the lapse in appropriation period to provide guidance.

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

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

Unless otherwise specified within the contract award, contractors requiring access to NOAA facilities outside normal business hours or outside the normal workweek shall submit a written request in writing through the COR to the Contracting Officer. The written request shall provide justification supporting the required access and be submitted ____________ hours/days (Contracting Officer insert number of days. If blank, 72 hours applies) before access to the NOAA facility is needed.

(End of clause)

H.20 1330-52.242-70 SUBMITTAL OF INVOICES (FEB 2011)

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

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

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

(End of clause)

H.21 1330-52.243-70 REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

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

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(b…