AMENDMENT 0005.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

See Attachment Page.

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1305M223QNCNR00871305M223QNCNR00870005 JUN 13, 2023 NC-NR5000-23-00225

AJ830023

NOAA/AGO/EAD

601 E 12TH STREET

ROOM 1734

KANSAS CITY MO 64106

See Block 6

1305M223QNCNR0087

MAY 15, 2023

See Schedule

Attachment Page

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Amendment 0005 to Solicitation 1305M223QNCNR0087

The purpose of this amendment includes the following:

1. Include the clause at 52.204-27.

2. Update the provision at 52.212-2.

3. Please see the updated SF 1449 and changes in red text. There are no further changes to this solicitation.

Table of Contents

52.204-27

52.212-2

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CLAUSES

52.204-27

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52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.212-2

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52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

ADDENDUM

This provision has been tailored to this procurement.

The Government will award a BPAs resulting from this solicitation to up to three responsible vendors per geographic region, as mentioned in the PWS, whose offers conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The Government will not make an award at a significantly higher overall price to achieve only slightly superior performance capability. The Government will make this assessment through the development of trade-off analyses or other analytical studies that involve the assessment of benefits of superior performance capability features versus the added costs. As non-price factors approach equality, price as an evaluation factor becomes increasingly more important.

The Government intends to award without discussions; however, the Government may conduct discussions if determined necessary.

The quotes will be evaluated on the criteria listed below:

VOLUME I – BUSINESS SOLUTION

The business solution factors, when combined are significantly more important than price. Technical Approach is more important than past performance.

TECHNICAL APPROACH

In accordance with FAR 52.212-1, Instructions to Offerors–Commercial Products and Commercial Services (Nov 2021) ADDENDUM, quotes will be evaluated on the information contained in the technical approach that demonstrates the degree of understanding by the offeror of the requirements and proposed methodology. In addition, the offeror’s quality control measures and management, oversight, qualifications of key personnel meeting or exceeding the requirements, and the ability to execute the requirements of the PWS will be evaluated.

An adjectival rating system will be used to evaluate the Technical Approach as described in Table 1 below. The minimum acceptable rating will be “Satisfactory”. NOAA requires the ability to respond to incidents around the United States and its Territories. That ability to respond can come from one large contract company or possibly multiple smaller contract companies operating in smaller geographic regions, or a combination of the two. NOAA’s final selection for this BPA will balance the need for national marine debris response coverage with the benefits that may come from having a small company with more specialized experience in a local region. Additionally, having capable contract companies that overlap in geographic focus allows for increased competition at the task order level.

Contractors shall indicate in their quote, each region in which it is willing and capable to work. NOAA will award up to three (3) vendors per geographic region, in order to ensure appropriate geographic coverage for marine debris removal services. NOAA defines the geographic scope of this requirement - the coastal United States and territories

- to consist of 5 regions defined in the following ways:

● Greater Atlantic Region (Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia) and the Great Lakes Region (New York, Pennsylvania, Ohio, Indiana, Illinois, Wisconsin, Minnesota, Michigan) will be considered a single region.

● Southeast / Caribbean Region (Texas, Louisiana, Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina; Puerto Rico and United States Virgin Islands)

● Pacific Islands Region (Hawaii, Commonwealth of the Northern Mariana Islands (CNMI), American Samoa, Guam)

● West Coast Region (California, Oregon, Washington)

● Alaska

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Offerors shall identify in which geographic regions they have operational coverage and demonstrate that they can successfully complete all contract requirements within that area. Offerors may identify more than one geographic region for operational coverage. NOAA will determine which contractors are selected for support in each region.

The business solution factors, when combined are significantly more important than price. Technical Approach is more important than past performance. The degree of the importance of price will increase commensurately with the degree of equality among the business solution factors. Because NOAA can’t predict where large marine debris removal may be needed, Call Orders for marine debris removal work may not be made equitably across every region. NOAA will make selections within the range of Exceptional to Satisfactory quotes to ensure the most appropriate technical and geographic coverage for the BPA.

Table 1: Technical Approach Confidence Ratings

Adjectival Rating Description

Exceptional Quote indicates an extensive understanding of the requirements and an exceptional approach. The quote offers significant benefits and far exceeds the government’s needs. The quote contains no weaknesses or very minor weaknesses, and there is no or very low potential for schedule disruption, increased costs, or performance degradation. The quote demonstrates a high likelihood of being able to effectively operate within the offeror’s defined geographic operational area. Risk of unsuccessful performance is very low.

Very Good

Quote indicates a thorough understanding of the requirements and a comprehensive approach. The quote offers benefits and exceeds the government’s needs. The quote may contain minor weaknesses that have low potential to cause disruption of schedule, increased cost, and/or degradation of performance. The quote demonstrates a reasonable likelihood of being able to effectively operate within the offeror’s defined geographic operational area. Strengths significantly outweigh any weaknesses and risk of unsuccessful performance is low. The quote may contain one or more deficiencies that would require only minor edits to the quote.

Satisfactory Quote indicates a sufficient understanding of the requirements and an adequate approach. The quote fully meets the government’s needs and may offer benefits to the government. The quote may contain weaknesses that have little potential of causing disruption of schedule, increased cost, and/or or degradation of performance. The quote demonstrates a likelihood of being able to effectively operate within the offeror’s defined geographic operational area. Risk of unsuccessful performance is moderate. The quote may contain one or more deficiencies that would require only minor edits to the quote.

Marginal / Unsatisfactory Quote indicates an insufficient understanding of the requirements, an incomplete approach, or does not meet one or more requirements of the solicitation. The quote may offer some benefits but overall does not adequately meet the government’s minimum needs. The quote contains one or more weaknesses likely to cause disruption of schedule, increased cost, and/or degradation of performance. It is questionable whether the offeror would be able to effectively operate within their defined geographic operational area. Risk of unsuccessful performance is high.

The quote may contain one or more deficiencies that would require extensive edits to the quote.

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PAST PERFORMANCE

In accordance with FAR 52.212-1, Instructions to Offerors–Commercial Products and Commercial Services (Nov 2021) ADDENDUM, quotes will be evaluated on the offerors’ demonstrated relevant past performance or affirmative statement that it possesses no relevant past performance. Relevant past performance is performance under contracts/orders (within the past 3 years from the date of issuance of this solicitation) that is of the same or similar size, scope, and complexity to that which is described in the solicitation. This information will be used to assess offerors’ past performance history. Offerors without a record of relevant past performance or for whom information on past performance is not available will be given a neutral rating.

An adjectival rating system will be used to evaluate Past Performance as described in Table 2 below. The minimum acceptable rating will be “Satisfactory”.

Table 2: Past Performance Confidence Ratings

Adjectival Rating Description

Exceptional The offeror’s performance on previously awarded, recent, relevant contract(s) was consistently of the highest quality and exceeded all contractual requirements to the customer’s benefit. Any problems encountered during performance of prior contract(s) were very few in number and/or very minor in nature, and any corrective actions taken were highly effective. The offeror’s past performance record leads to an expectation that the contractor’s performance on the contemplated contract will be outstanding.

Very Good

The offeror’s performance on previously awarded, recent, relevant contract(s) was of high quality and met all contractual requirements, while exceeding some contractual requirements to the customer’s benefit. Any problems encountered during performance of the prior contract(s) were few in number and/or or minor in nature, and any corrective actions taken were effective. The offeror’s past performance record leads to an expectation that the contractor will be very successful in performing the contemplated contract.

Satisfactory The offeror’s performance on previously awarded, recent, relevant contract(s) was of adequate or better quality and met contractual requirements. Any problems encountered during performance of the prior contract(s) were addressed and corrective actions taken were effective for the most part. The offeror’s past performance record leads to an expectation that the contractor will be successful in performing the contract.

Neutral The offeror lacks a record of recent, relevant, or available past performance history. There is no expectation of either successful or unsuccessful performance.

A rating of neutral is neither favorable nor unfavorable.

Marginal / Unsatisfactory The offeror’s performance on previously awarded, recent, relevant contract(s) indicated an insufficient understanding of the requirements, or that they did not meet one or more requirements of their past contractual obligations. The offeror's past performance references one or more weaknesses indicating a reasonable likelihood of substandard performance.

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VOLUME II – PRICE QUOTE

Pricing must be complete and address pricing for the scenario of removal activities provided in FAR 52.212-1, Instructions to Offerors–Commercial Products and Commercial Services (Nov 2021) ADDENDUM. A quote that does not fully address pricing will not be evaluated for award.

The degree of its importance will increase commensurately with the degree of equality among the business solution factors.

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