RFPPackage.pdf

TABLE OF CONTENTS

SECTION TITLE/DESCRIPTION PAGE NUMBER

A SF 1449 1 - 2

B General Information 4

C Terms and Conditions 5 – 30

D Request for Proposal Provisions 31 - 37

ATTACHMENT TITLE/DESCRIPTION PAGE COUNT

Attachment A Performance Work Statement 14

Attachment B Schedule of Supplies/Services and Pricing Table 1

Attachment C Past Performance Questionnaire 4

Attachment D NOAA Subcontracting Plan Template 12

Attachment E NOS/OCS/MCD Nautical Chart Policy 132

Attachment F1 NOS OCS/MCD Nautical Chart Manual Volume 1 897

Attachment F2 NOS OCS/MCD Nautical Chart Manual Volume 2 1323

Attachment F3 NOS OCS/MCD Nautical Chart Manual Volume 3 573

NOTES:

Federal Acquisition Regulation (FAR), Commerce Acquisition Regulation (CAR), National Oceanic and

Atmospheric Administration (NOAA) Acquisition and Grants Office (AGO), NOAA Acquisition Manual

(NAM) and Eastern Acquisition Division (EAD) provisions and clauses that are included in this solicitation are denoted by the applicable acronyms.

SECTION B – GENERAL INFORMATION

1. GENERAL INFORMATION

NOAA’s Marine Chart Division (MCD) maintains a Nautical Chart System (NCS) that underpins production of NOAA’s nautical charts, which are tools for safe, efficient and environmentally sound navigation in United States waters. MCD provides charts and chart products for use in the maritime transportation system that moves over two thirds of all consumer goods purchased in the United States.

MCD’s current NCS consists of two production systems that maintain and generate nautical chart products for commercial and recreational mariners; the Nautical Chart System I (NCS I) and the Nautical

Chart System II (NCS II). These systems are used in tandem to create all of MCD’s products and maintain MCD’s suite of 1024 charts.

The services required are to supplement the MCD nautical charting program existing staff, processes for continual maintenance of nautical source application, and modernization of existing raster and vector chart files.

The Government anticipates awarding a single firm-fixed-price (FFP) Contract as a result of this Request for Proposal (RFP).

2. PERFORMANCE WORK STATEMENT

The contractor shall furnish the necessary personnel to perform Performance Work Statement, “Mapping and Cartographic Services, Raster and Electronic Navigation Products”, which is provided at Attachment

A.

The Contractor shall provide prices in the Schedule of Supplies/Services and Pricing Table provided at

Attachment B.

3. PROPOSAL PREPARATION AND SUBMISSION

See the Addendum to FAR clause 52.212-1, Instructions to Offerors – Commercial Items, for additional information regarding proposal preparation and submission.

SECTION C - TERMS AND CONDITIONS

1. TERMS AND CONDITIONS

The base period of performance is 12 months beginning August 18, 2019, or date of award, whichever occurs later and three option periods consisting of 12 months each.

Base Period: August 18, 2019 – August 17, 2020

Option Period 1: August 18, 2020 – August 17, 2021

Option Period 2: August 18, 2021 – August 17, 2022

Option Period 3: August 18, 2022 – August 17, 2023

2. MARKING DELIVERABLES

The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract, including reports.

3. FAR 52.212-4, CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS

(OCT 2018) ADDENDUM

4. FAR 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

* The Pricing Schedule (Attachment B) includes estimated quantities for each source type. The source types are paid for on a unit price basis for the number of units actually performed and accepted, at the firm-fixed unit prices set forth in the Pricing Schedule, provided that the

Contractor shall not perform work exceeding the Extended Price per line item without prior written approval from the Contracting Officer.

(End of Clause)

5. 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 30 days before the contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 48 months.

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR Clauses: https://www.ecfr.gov/cgi-bin/text-idx?SID=917b5ef34ed670625cb344629d245c5a&mc=true&tpl=/ecfrbrowse/Title48/48cfrv2_02.t pl#0

CAR Clauses: http://www.ecfr.gov/cgi-bin/text-idx?sid=2d08a6e69af3b9bb1a7be4eae370d256&c=ecfr&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

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

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2016)

FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

FAR 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN--REPRESENTATION

AND CERTIFICATIONS (AUG 2018)

FAR 52.227-17, RIGHTS IN DATA—SPECIAL WORK (DEC 2007)

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

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

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

CAR 1352.227-70 RIGHTS IN DATA, ASSIGNMENT OF COPYRIGHT (APR 2010)

CAR 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE – FIXED

PRICE. (APR 2010)

7. CAR 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.

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

(a) (To be provided 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: (to be provided at the time of award)

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

http://www.ecfr.gov/cgi-bin/text-idx?sid=2d08a6e69af3b9bb1a7be4eae370d256&c=ecfr&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1300 http://www.ecfr.gov/cgi-bin/text-idx?sid=2d08a6e69af3b9bb1a7be4eae370d256&c=ecfr&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1300 http://www.ecfr.gov/cgi-bin/text-idx?sid=2d08a6e69af3b9bb1a7be4eae370d256&c=ecfr&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1300

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

(2) The COR is not authorized to make any commitments or otherwise obligate the

Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the

COR. No such changes shall be made without the express written prior authorization of the

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

9. CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer's Representative, in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor's possession, to those employees needing such information to perform the work described herein, i.e., on a “need to know” basis. The contractor agrees to immediately notify the

Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred.

(b) The contractor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

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

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

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

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest

(hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity.

For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the

Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms “contract,” “contractor,” and

“Contracting Officer” shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer.

If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting

Officer, including a full written description of the requested waiver and the reasons in support thereof.

12. 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 $100,000.00.

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.

13. CAR 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK

CONTRACTS (APR 2010)

(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any

Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor.

(b) Investigative requirements for Non-IT Service Contracts are:

(1) Contracts more than 180 days—National Agency Check and Inquiries (NACI).

(2) Contracts less than 180 days—Special Agency Check (SAC).

(c) Investigative requirements for IT Service Contracts are:

(1) Contracts more than 180 days—National Agency Check and Inquiries (NACI).

(2) Contracts less than 180 days—National Agency Check and Inquiries (NACI).

(d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check.

(e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens

(lawful permanent residents) to be employed under this contract within the United States must have:

(1) Official legal status in the United States;

(2) Continuously resided in the United States for the last two years; and

(3) Obtained advance approval from the servicing Security Officer in consultation with the

Office of Security headquarters.

(f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts.

Processing requirements for Low Risk non-IT Service Contracts are as follows:

(1) Processing of a NACI is required for all contract employees employed in Low Risk non-

IT service contracts for more than 180 days. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting.

(2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The

Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release

Authorization to the servicing Security Officer, who will send the investigative packet to the

Office of Personnel Management for processing.

(3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site.

(4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the

Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance

Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management

Division (FBIN).

(5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee's Alien Registration Receipt Card number to aid in verification.

(6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of

Security. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing

Security Officer. The Security Officer will process the forms and advise the Sponsor and the

Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility (i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date.

(g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a

NACI is required for all contract employees employed under Low Risk IT service contracts.

(1) Contract employees employed in all Low Risk IT service contracts will require a

National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer's

Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85.

Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM.

(2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the

Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC.

(h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.

(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the

Government regardless of whether the conduct was directly related to the contract.

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

(j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

14. CAR 1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

(Name - TBD), Position - GIS Analyst Level IV

(Name - TBD), Position - GIS Analyst Level IV

(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 1352.239-72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY

RESOURCES (APR 2010)

(a) Applicability. This clause is applicable to all contracts that require contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a contractor that process or store information that directly supports the mission of the Agency.

(b) Definitions. For purposes of this clause, the term “Sensitive” is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100-235), including the following definition of the term:

(1) Sensitive information is “ * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the, conduct of

Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.”

(2) For purposes of this clause, the term “National Security” is defined by the guidance set forth in:

(i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section

4.3.

(ii) The DOC Security Manual, Chapter 18.

(iii) Executive Order 12958, as amended, Classified National Security Information.

Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress.

(3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.

(c) The contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor's systems that are interconnected with a DOC network or DOC systems that are operated by the contractor.

(d) All contractor personnel performing under this contract and contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (see DOC, Office of the

Chief Information Officer Web site), or equivalent/more specific agency or operating unit counsel guidance as specified immediately hereafter [insert agency or operating unit counsel specific guidance, if applicable].

(e) Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual

1337.70, Security Processing Requirements for Service Contracts.

(f) Within 5 days after contract award, the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the contractor of any other available DOC training resources. Annually thereafter the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security

Program Policy.

(g) Within 5 days of contract award, the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209-72, Restrictions Against Disclosures.

(h) The contractor shall afford DOC, including the Office of Inspector General, access to the contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime.

(i) For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy. Specifically, the contractor shall:

(1) Within 14 days after contract award, submit for DOC approval a System Certification

Work Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy and

[Insert agency or operating unit counsel specific guidance, if applicable]. The Certification Work

Plan, approved by the COR, in consultation with the DOC IT Security Officer, or

Agency/operating unit counsel IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract.

(2) Upon approval, follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System

Accreditation Package for approval and system accreditation by an appointed DOC official.

(3) Upon receipt of the Security Assessment Report and Authorizing Official's written accreditation decision from the COR, maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, Section 6.3.1.1.

(j) The contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause.

16. 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:

Department of Commerce/NOAA/NOS

OCS/Marine Chart Division

1315 East-West Highway

SSMC-3 Room 7360

Silver Spring, MD 20910

17. CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

a) The 12-month base period of performance of this contract will begin August 18, 2019 or date of award, whichever occurs later. If an option is exercised, the period of performance shall be extended and continue through the end of that option period for a period of 12 months, for a potential overall period of 48 months.

b) The option periods that may be exercised are as follows:

Option Period 1: August 18, 2020 – August 17, 2021

Option Period 2: August 18, 2021 – August 17, 2022

Option Period 3: August 18, 2022 – August 17, 2023

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

18. NAM 1330-52.203-70 SCIENTIFIC INTEGRITY AND RESEARCH MISCONDUCT

(OCT 2012)

(a) Definitions. As used in this provision –

Scientific activities mean activities that involve inventorying, monitoring, observations, experimentation, study, research, integration, modeling, and scientific assessment.

Scientific integrity means the condition resulting from adherence to professional values and practices when conducting and applying the results of science that ensures objectivity, clarity, and reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism, interference, censorship, and inadequate procedural and information security.

Presentation of scientific activities results includes the analysis, synthesis, compilation, or translation of scientific information and data into formats for the use of the Department of

Commerce or the United States of America.

Scientific and Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing scientific and research activities, or in the products or reporting of the results of these activities. It specifically includes intentional circumvention of the integrity of the scientific and research process and actions that compromise that process, but does not include honest error or differences of opinion.

Investigation is formal collection and evaluation of information and facts to determine if scientific or research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action.

(b) General Guidelines

1. Maintaining Integrity. The Contractor shall maintain the scientific integrity of research performed pursuant to this contract award including the prevention, detection, and remediation of research misconduct, and the conduct of inquiries, investigations and adjudications of allegations of research misconduct.

2. In performing or presenting the results of scientific activities under the contract, and in responding to allegations of scientific and research misconduct, the Contractor shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto.

3. Primary Responsibility. The Contractor shall have the primary responsibility to prevent, detect, and investigate allegations of scientific and research misconduct. Unless otherwise instructed by the contracting officer, the Contractor shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so.

4. By executing this contract, the Contractor provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation and reporting of such misconduct.

5. The Contractor shall insert the substance of this provision in subcontracts at all tiers that involve research being performed under this contract.

(c) Investigating Misconduct Research

1. Initiating Investigation. If the Contractor determines that there is sufficient evidence to proceed to an investigation, it shall notify the contracting officer and, unless otherwise instructed, the Contractor shall:

a. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted.

b. If the investigation leads to a finding of scientific and research misconduct, obtain adjudication by a neutral third party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions.

2. Finalizing Investigation. When the investigation is complete, the Contractor shall forward to the contracting officer a copy of the evidentiary record, the investigative report, any recommendations made to the Contractor’s adjudicating official, the adjudicating official’s decision and notification of any corrective action taken or planned, and the subject’s written response (if any).

(d) Findings and Corrective Actions

1. If the Contractor finds that scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall:

a. Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, and

b. Coordinate remedial action with the contracting officer.

(e) Department of Commerce Actions

1. The Department of Commerce may accept the Contractor’s findings or proceed with its own investigation, in which case the Contractor shall fully cooperate with the http://www.corporateservices.noaa.gov/ames/administrative_orders/chapter_202/202-735-D.html investigation. The contracting officer will inform the Contractor of the Department’s final determination.

2. The Department of Commerce reserves the right to pursue such remedies and other actions as it deems appropriate, consistent with the terms and conditions of the contract and applicable laws and regulations. Such remedies and actions may include, but are not limited to, disallowance of costs, recoupment of contract payments, and suspension or debarment.

19. NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005)

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

Item Description Qty. Due Date Deliver

To Ref.

Notification of

Organizational

Conflict of

Interest (OCI)

Per CAR 1352.209-74, Contractor warrants that there are no relevant facts or circumstances which would give rise to an organizational conflict of interest.

Disclosure of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor’s impartiality because of the appearance or existent of bias or an unfair competitive advantage. Such disclosure shall state how the contractor has taken or proposes to take in order to avoid, neutralized, or mitigate any resulting conflict of interest.

As required by CAR

1352.209-

When made aware of

OCI.

CO CAR

1352.209-

Blue Prints Consisting of various formats in analog or digital form from various private or Government agencies and providing data for various types of surveys which may include but are not limited to

U.S. Army Corps of Engineers

(USACE) channel surveys, private agency drawings for bridges, overhead and submerged pipelines and cables, wharfs, piers, harbor facilities, etc.

As defined in

Attachment

B, Pricing

Schedule

Within 10 days of assignment or within an established delivery schedule

COR PWS

Section 2, B

DataBase Data Consisting of reports from U.S.

Power Squadrons on the conditions of chart features that are found to be inconsistent with real world conditions. Features consist of but are not limited to, As defined in

Attachment

B, Pricing

Schedule

Within 10 days of assignment or within an established

COR PWS

Section 2, B land and water features such as tanks, wind turbines, water depths, piers, ramps, buildings, obstructions, rocks, wrecks, platforms, towers, cables, etc.

delivery schedule

Letters Consisting of various formats in analog or digital form from various private or Government agencies (Internal and External) and providing data for various types of land and water information. Letters are typically associated and referenced to other types of data which include but are not limited to, Blue Prints, Letters, Field Exams, Geographic

Cells, Hydrographic surveys, and

Chart Forwards. Letters typically contain the metadata and analog data to be used in reference and conjunction to other source data for proper compilation.

As defined in

Attachment

B, Pricing

Schedule

Within 10 days of assignment or within an established delivery schedule

COR PWS

Section 2, B

Digital Data Consisting of various digital formats from various private or

Government agencies (Internal and External) and providing data for various types of land and water information. DDs are typically associated and referenced to other types of data which include but are not limited to, Blue Prints, Letters, Field Exams, Geographic

Cells, Hydrographic surveys, and

Chart Forwards. DDs contain the digital form of the data to be ingested into Bentley Map composite files or the NIS.

As defined in

Attachment

B, Pricing

Schedule

Within 10 days of assignment or within an established delivery schedule

COR PWS

Section 2, B

Field Exam Consisting of various formats of analog and digital data from various private or Government agencies and providing data for

Hydrographic surveys of limited scope. FEs are investigations of specific features, such as obstructions, rocks, and wrecks, or basic hydrographic surveys of limited extent.

As defined in

Attachment

B, Pricing

Schedule

Within 10 days of assignment or within an established delivery schedule

COR PWS

Section 2, B

Geographic

Cell

Consisting of various formats of analog and digital data from various private or Government

As defined in

Attachment

Within 10 days of assignment

COR PWS

agencies and providing data for topography, including but not limited to, shoreline, low water line, land-water interfaces, man-made features, etc. GCs may also consist of near shore

Topobathymetry.

Topobathymetric data

(“topobathy”) are a merging and rendering of both topography

(land elevation) and bathymetry

(water depth) to provide a single product useful for nearshore mapping and a variety of other applications.

B, Pricing

Schedule or within an established delivery schedule

Hydrographic

Survey

Consisting of various formats of analog and digital data from various private or Government agencies and providing data for hydrographic conditions. A

Hydrographic Survey is a complete and thorough survey of the seafloor. For charting purposes, a Hydrographic survey must be adequate to supersede all prior surveys of the same area. A

Hydrographic survey verifies or disproves the existence of all charted or reported features of significance.

As defined in

Attachment

B, Pricing

Schedule

Within 10 days of assignment or within an established delivery schedule

COR PWS

Section 2, B

W Survey Consisting of various formats of analog and digital data from various private or Government agencies and providing data for hydrographic conditions. W surveys are outside source surveys that have not been acquired under an official Hydrographic Surveys

Division (HSD) project and may be evaluated for use in nautical charting.

As defined in

Attachment

B, Pricing

Schedule

Within 10 days of assignment or within an established delivery schedule

COR PWS

Section 2, B

Forwards Consisting of tasks indicated in the Checklist for Forwards the

Forward Task Order Chart Letter.

Examples of these tasks include

USCG light list and US Coast

Pilot comparisons, chart overlap comparisons, and ensuring all documents found in DREG have been compiled.

As defined in

Attachment

B, Pricing

Schedule

Within 10 days of assignment or within an established delivery schedule

COR PWS

20. NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS (MARCH 2014)

(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.

21. NAM 1330-52.237-71 NOAA GOVERNMENT-CONTRACTOR RELATIONS- NON-

PERSONAL SERVICES (SEPT 2017)

(a) The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services as defined in

FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

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

MXDs and

GBs

Template Map Documents

(MXDs) and Template Geo-

Database files (GDBs) for each chart panel requested

As defined in

Attachment

B, Pricing

Schedule

Within 25 days of assignment or within an establish delivery schedule

COR PWS

Section 2, C

Monthly

Progress

Report

Identification of each activity and project including performance objectives, accomplishments, and the costs incurred during the reporting period .

Every month

With each monthly invoice

COR PWS

Section 6.

Insurance Evidence of required insurance. 1 Within 5 days after contract award

COR/

CO

FAR

52.228-5

Quality

Assurance

Plan

Description of strategy and methods utilized to ensure acceptable management of quality.

1 Within 5 days after contract award

COR PWS

Section 5.

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.

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

(a)

1. 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.

2. 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:

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

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

iii. Occupational safety or health hazards;

iv. Lapse in Appropriations; or

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

3. 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.