REV_A._COMBINED_SYNOPSIS-SOLICITATION.doc

NOAA Acquisition and Grants Office (AGO)

Eastern Region Acquisition Division

COMBINED SYNOPSIS/SOLICITATION

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on FEDBIZOPPS.

Solicitation number is 1305M219QNMAN0355 and is being issued as a Request for Quotations (RFQ).

This solicitation documents and incorporates provisions and clauses in effect through:

a. Federal Acquisition Circular (FAC) 2019-02, effective 06/05/2019 located on https://www.acquisition.gov/browse/index/far

b. Commerce Acquisition Regulations (CAR), effective 06/05/2019 located at http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm,

c. NOAA Acquisition Manual https://www.ago.noaa.gov/acquisition/AcqManual/09_acquisitionmanualtableofcontents.html It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The associated NAICS code is 325412, Pharmaceutical Preparation Manufacturing, which has a corresponding size standard of 1,250 employees. This procurement is being solicited on the basis of full and open competition.

The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:

Period of Performance: 09/12/2019-09/11/2020

Period of Performance: 09/12/2020-09/11/2021

Period of Performance: 09/12/2021-09/11/2022

Period of Performance: 09/12/2021-09/11/2023

Period of Performance: 09/12/2023-09/11/2024

Period of Performance: 09/12/2024-09/11/2025

TOTAL ALL PRICE

It is anticipated one firm-fixed price Indefinite Delivery/Indefinite Quantity (IDIQ) type of contract will be issued in response to this RFQ.

The following FAR provision and clauses are applicable to this procurement:

1. FAR 52.212-1 Instructions to Offerors - Commercial Items (Oct 2018) with the following addenda:

(b) Any questions regarding this Request for Quotations (RFQ) must be sent electronically to Frank Burton at frank.burton@noaa.gov and Ashley Perry at ashley.perry@noaa.gov NLT 3:00 PM (eastern) on August 23, 2019. All references herein to “offerors” shall be construed as “vendors”, and all references herein to “offers” or “bids” shall be construed as “quotes”. Vendors responding to this solicitation shall submit written quotes in the English language. Quote shall be signed and dated, and shall include the typed or printed name of the person signing the proposal, including the signer’s title.

(b)(2) Electronic submission is required and must be sent electronically to Frank Burton at frank.burton@noaa.gov and Ashley Perry at ashley.perry@noaa.gov. Vendors interested in submitting a quote in response to this Request for Quotations (RFQ) are requested to provide their written quote, including all information required by this RFQ, NLT 2:00 PM Eastern Standard Time (EST) on 09/04/2019.

(b)(4) Technical Capability: Vendors must submit detailed description of items to be provided. Vendors are required to state in attachment two that every item can be provided when a funded ordered is issued.

(b)(6) Vendors shall submit FIRM FIXED-PRICE quotes, including cost for delivery F.O.B. DESTINATION, in response to this solicitation in U.S. DOLLARS, rounded to NOT MORE THAN TWO DECIMAL POINTS.

(b)(10) Past Performance: Vendors shall provide three references with which they have provided the offered items of equipment within three years. Vendors that are not able to provide such references shall provide three relevant references of prior performance on other contracts and articulate the relevancy of the referenced performance to the type of work required in the solicitation (similar size, content, and complexity) or affirmatively state that it possesses no relevant past performance. For each reference, provide the following information: (1) a brief but detailed description of the item provided; (2) contract number; (3) name and address of the Government agency or commercial entity; (4) point of contact with current phone number and Email address; (5) date of contract award; (6) period services were provided or delivery was made; (7) initial and current contract value. Vendors are encouraged to provide information on problems or challenges encountered or how they were overcome or resolved as well as accomplishments. The Government reserves the right to obtain information from other sources in addition to those included with the quote.

(b)(11) Include a statement specifying the extent of agreement with all terms, conditions and provisions included in the RFQ. Also include a completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). Offers/Quotes that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(j) ALL VENDORS shall provide their Data Universal Numbering System (DUNS) number, as issued by Dun and Bradstreet, along with their quotes. For information regarding how to obtain a DUNS Number, refer to the full text version of paragraph (j) of FAR Provision 52.212-1.

2. FAR 52.212-2 Evaluation—Commercial Items (Oct 2014) applies to this acquisition with the following addenda:

The following shall be used to evaluate quotes: (i) technical capability of the items quoted to meet the Government requirement; (ii) past performance; and (iii) price. Technical capability and past performance, when combined, are more important than price. The degree of importance of the quoted price will increase with the degree of equality of the quotes in relation to the other factors on which selection will be based. Vendors with no record of past performance will be assigned a neutral rating for this factor.

(a) Technical Capability: Vendors shall submit a capability statement with their quote that outlines the ability to provide all items listed in attachment II. The vendor shall also, in writing, agree to all other terms as stated in the Statement of Work (SOW)

(b) Past Performance: The Government will evaluate past performance using the references provided with the vendor’s quote; however, the Government reserves the right to obtain information from other sources in addition to those included with the quote. The evaluation will consider the vendor’s past performance on relevant contracts with government and/or commercial customers. Points of contact provided in the quote may be contacted. Where there is no record of past performance, the vendor will be evaluated neither favorably nor unfavorably. Superior performance ratings on relevant contracts may be considered more favorably in the evaluation.

(c) Price: Vendors shall complete attachment II columns J and K for the unit prices and extended price for each item listed on the formulary. Vendors shall include all taxes, shipping costs, and other applicable fees in their extended price per item listed.

(End of Provision)

3. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

4. FAR 52.212-4 Contract Terms and Conditions - Commercial Items (Oct 2018) with the following addenda:

(a) CAR 1352.246-70 Place of Acceptance (April 2010)

NOAA Marine Operations Center – Atlantic (MOC-A)

ATTN: LCDR Jesse McAllister

439 West York Street

Norfolk, VA 23510

(g) NOAA/ERAD INVOICES (APR 2011)

Invoices may be submitted electronically or by mail to the designated billing office as follows:

NOAA MOC-A

ATTN: LCDR Jesse McAllister

439 West York Street

Norfolk, VA 23510

Email: jesse.mcallister@noaa.gov An electronic copy of invoices shall be submitted to the Contracting Office at the following email address: frank.burton@noaa.gov.

(i) PAYMENT: Payment will be made by the designated payment office, which is Department of Commerce/NOAA Finance Office, Room 1204, 20020 Century Blvd., Germantown, MD 20874.

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

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

(w) CAR 1352.201-70 Contracting Officer’s Authority (March 2010)

(x) CAR 1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)

During the term of the contract, the Government shall place orders totaling a minimum of $200.00. The amount of all orders shall not exceed TBD at time of award.

(End of clause)

(y) INSURANCE: The contractor shall maintain commercial insurance in compliance with local, state and federal laws and in amounts usual and customary to the type of work to be performed under the contract for the duration of the work. Contractor shall provide proof of such insurance to the Contracting Officer prior to commencing work under the contract.

(z) 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 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)

(aa) NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005) The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

(ab) NAM 1330-52.237-70, Contractor Communications (Sep 2017)

(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.

(ac) NAM 1330-52.237-71, NOAA Government-Contractor Relations – Non-Personal Services (Sep 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.

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:

1. 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.

2. 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.

(ad) NAM 1330-52.270-304 NOAA Acquisition and Grants 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 benefiting

3. Identify constraints in transparency

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

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

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

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

2. The AGO Ombudsman cannot participate in the evaluation of proposals, 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, contracts, or their terms or conditions.

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

6. The AGO Ombudsman has no authority to render a decision that binds 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).

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

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

(g) Questions regarding items (a) through (f) within this language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.

5. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (AUG 2019) is hereby incorporated by reference

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

XX (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).

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

XX (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).

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

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

XX (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

XX (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

XX (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

XX (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) XX (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

XX (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

The following additional FAR clauses are applicable to this acquisition:

a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 09/12/2019 through 9/11/2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $200.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(1) Any order for a single item in excess of TBD at time of the award;

(2) Any order for a combination of items in excess of TBD at time of the award; or

(3) A series of orders from the same ordering office within 1 day that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 day after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 09/11/2024.

(End of Clause)

APPLICABLE TO CLINs 0001, 0002, 0003, 0004, and 0005: The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the contract end date. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of Clause)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 years.

(End of Clause)

LIST OF ATTACHMENTS

The following attachments are hereby incorporated by reference and made a part of this solicitation and any resultant contract.

******* End of Combined Synopsis/Solicitation ********