1305M318QNFFS0038_Combined_Synoposis_In-flight_automated_detection.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

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8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

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c. CITY

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/ SERVICES

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12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

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c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

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PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

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NFFS7300-18-02974

1305M318QNFFS0038

WESTERN ACQUISITION DIVISION

CONTRACTS BRANCH

7600 SAND POINT WAY NE, SOU6

SEATTLE WA 98115-6349

CARINA TOPASNA

carina.topasna@noaa.gov

Please See Continuation Page for Line Item Details

206 526-6350

NATIONAL MARINE MAMMAL LAB

NOAA/NMFS 7600 SAND PT WAY NE F/AKC3

SEATTLE

98115-6349WA

AUG 10, 2018

See Schedule

FS730031

Attachment Page

PAGE 2 OF 51 1305M318QNFFS0038

NOAA/NMFS

In-Flight Sensing System Payload Development

SYNOPSIS/SOLICITATION

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, in conjunction with the Simplified Procedures for Certain Commercial Items in Subpart 13.5, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and an additional written solicitation will not be issued.

(ii) The solicitation number for this procurement is 1305M318QNFFS0038 and is hereby issued as a request for quotes (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-99, effective July 16, 2018

(iv) The Government intends to award one or more FIRM-FIXED PRICE contracts. This is full and open competition. The associated NAICS code is 541519 Other Computer Related Services with a corresponding small business size standard of $27.5 million.

(v) This combined solicitation/synopsis is for purchase of the following commercial services. A list of contract line item numbers, quantities and units of measure is below.

Contract Line Item No.

Services Qty Unit Unit Price Extended Price

BASE YEAR

(September 1, 2018 – June 1, 2019)

0001 In-Flight Sensing System Payload Development, in accordance with PWS

1 JB

Total Base Period

OPTION PERIOD I

(June 2, 2019 – February 1, 2020)

OPT

In-Flight Sensing System Payload Development, in accordance with PWS

1 JB

Total Option Period I Total Base + All Option Period’s

(vi) Description of requirements for the items to be acquired is included in Attachment 1, “Performance Work Statement.”

(vii) Dates: The last date for delivery of raw data acquisition test flight to NOAA is December 2018 and final test flight is April 2019. The Period of Performance of any resulting contracts is Target award date September 1, 2018 through February 01, 2020.

PAGE 3 OF 51 1305M318QNFFS0038

(viii) Place of Delivery: Data shall be submitted as set forth in Attachment 1, “Performance Work Statement.”

(ix) 52.212-1, Instructions to Offerors-Commercial Items (JAN 2017) applies to this acquisition.

Addenda to 52.212-1, Instructions to Offerors – Commercial Items, are included in Attachment 3, “Instructions and Evaluation.”

(x) 52.212-2, Evaluation-Commercial Items (OCT 2014) applies to this acquisition as set forth in Attachment 3, entitled “Instructions and Evaluation.”

(xi) The Offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (NOV 2017), included below in Attachment 5, “Solicitation Provisions and Required Certifications,” with its Quote.

(xii) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (JAN 2017) (DEVIATION 2017-02) (AUG 2017) applies to this acquisition. The following language replaces section

(r) of this clause:

(a) *********

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

These terms and conditions will be incorporated by reference in any resulting award.

(xiii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JUL 2018) (DEVIATION 2017-02) (AUG 2017) applies to this acquisition, including the additional FAR clauses cited in the clause, as set forth in Attachment 2, “Additional Terms and Conditions.”

(xiv) Additional contract requirements, terms, and conditions can be found in Attachment 1, “Performance Work Statement (PWS)”, and Attachment 2, “Additional Terms and Conditions”.

(xv) Defense Priorities and Allocations System (DPAS) and assigned ratings do not apply.

(xvi) Quotes are required to be received in the contracting office no later than 2:00 P.M., Pacific Time (PT) on Friday, August 10, 2018.

PAGE 4 OF 51 1305M318QNFFS0038

(xvii) All quotes must be emailed to the attention of Carina Topasna, Contract Specialist at:

carina.topasna@noaa.gov For information regarding the solicitation, the Contract Specialist may be contacted via email at carina.topasna@noaa.gov. Telephone calls will not be accepted. Instructions for the submissions of quotes are presented in Attachment 3, “Instructions and Evaluation.” Offerors are responsible for ensuring timely submission of quotes. Offerors are responsible for ensuring Quotes are complete, including the requirements and certifications set forth in Attachment 5, “Solicitation Provisions and Required Certifications.” Multiple emails may be sent in order to accommodate large file sizes.

Attachments:

Attachment 1: Performance Work Statement Attachment 2: Additional Terms and Conditions Attachment 3: Instructions and Evaluation Attachment 4: Past Performance Questionnaire Attachment 5: Solicitation Provisions and Required Certifications

PAGE 5 OF 51 1305M318QNFFS0038

ATTACHMENT I

PERFORMANCE WORK STATEMENT

National Oceanic Atmospheric Administration National Marine Fisheries Service Alaska Fisheries Science Centers

Marine Mammal Lab

Performance Work Statement In-Flight Sensing System Payload Development

1. General

1.1. Background:

The National Oceanic Atmospheric Administration (NOAA), National Marine Fisheries Services (NMFS), Alaska Fisheries Science Center’s (AFSC), Marine Mammal Laboratory (MML), Polar Ecosystems Program is responsible for estimating the abundance and distribution of ice-associated seals and coastal harbor seals of Alaska. We conduct large scale fixed-wing surveys of the pack ice in the Bering, Chukchi, and Beaufort seas in a collaborative effort with international researchers in order to accurately assess transboundary population estimates. We have also tested the feasibility of using unmanned aerial systems (UAS) to reach areas of the Bering Sea still inaccessible by manned survey aircraft. Both manned and unmanned surveys result in the collection of extraordinary amounts of imagery which, historically, have been evaluated manually or, more recently, using a semi-automated approach. This requirement is for an aerial survey payload to manage the collection of thermal and color imagery of the sea ice habitat in the Arctic, capable of running algorithms in flight and operating in an autonomous state. This system will improve the efficiency of aerial survey efforts and contribute to improved abundance estimates and stock assessments.

1.2 Period of Performance:

The period of performance shall be for one (1) Base Period and one (1) 8-month option year.

The Period of Performance reads as follows:

Base Year: September 01, 2018 – June 1, 2019 Option Year I: June 2, 2019 – February 1, 2020

1.3 Place of Performance

This work shall be performed primarily at the contractor’s facility. Test flights shall be conducted at government facilities and off-site, within the United States, including the North Slope of Alaska.

1.4 Objectives:

An autonomous payload is required to integrate UAS into surveys of ice-associated mammals, in order to improve the efficacy and human safety in gathering essential data for NOAA stewardship. A supervised system has been developed to collect thermal and color imagery for the detection and classification of animals on the sea ice. This system was used during surveys of the Bering and Chukchi seas using occupied aircraft. A key objective is to minimize the collection of extraneous imagery that requires burdensome data storage, management, and processing. Implementing onboard image processing to run various algorithms in real time will allow the system to run in an autonomous state while reducing excessive image collection. Additionally, major image processing steps will be completed onboard, allowing the final abundance estimation to be conducted at the end of a survey effort, providing timely stock assessment and awareness of trends.

PAGE 6 OF 51 1305M318QNFFS0038

1.5 Scope/High-level Description:

The Contractor’s primary responsibility shall be to develop software to manage data collection from existing imaging instruments including three thermal imagers paired with three machine vision cameras and an appropriate GNSS/IMU identified and procured by the vendor. The software shall be capable of supervised operation with flexible parameters, and capable of running various algorithms real-time to achieve unsupervised operation. The vendor shall also provide training in operation, maintenance, and deployment of the system. Travel is required to conduct test flights of the raw data acquisition, advanced system, final product delivery, and training.

1.6 Specific Requirements/Tasks:

Task A: Instrumental Integration:

Integrate instruments listed below, providing flexible user control of parameters for confirming instrument functionality of quality of imagery, as well as dynamic control of data acquisition based on user inputs pre-flight or during flight operations. System shall be operational in supervised and unsupervised flight. All image acquisition triggering must happen through the Global Navigation Satellite System/Inertial Measurement Unit (GNSS/IMU) to ensure image processing compatibility with existing NOAA image processing code (to be provided).

• FLIR A6750sc SLS (strained layer supperlattice) thermal imagers o Backup thermal camera: FLIR SC645

• Prosilica GT6600c machine vision cameras

• Synology16 TB Networks Attached Storage (RAID)

• GNSS/IMU (NovAtel or similar) to be purchased by vendor

Task B: Graphic User Interface (GUI):

Provide a GUI to allow configuration of instruments and recording of flight information:

• Flight data: Provide user defined data input fields (e.g., project name, flight number, aircraft, effort type, notes field, etc);

• Effort changes throughout a flight, therefore effort type of image collection shall be specified:

“on effort” “off effort” or “other effort” by operator;

• Display reduced size imagery real-time to allow camera checks and adjustments, as well as peripheral data display (e.g., altitude, speed, frame rate, etc);

• Real-time camera control (e.g., gain, shutter speed, frame rate, white balance, etc.);

• Image acquisition options triggered based on detection algorithm, time interval, required image overlap or gap settings (based on image size, lens, altitude, speed over ground) and gps position;

• Provide error messages to indicate why a failure has occurred (in plain English);

Task C: Image Registration:

Register images/pixel locations between color and thermal images, supporting different fields of view (allowing flexible vertical windowing, which may align the following or previous image with areas in the corresponding paired image).

Task D: Data Output

• Collect paired and registered imagery at full resolution and frame rate of 4 fps (16-bit thermal and 12-bit color) with user defined naming routine;

• Output file (.csv) including a record for each image pair, detection, or note. Each record shall include GNSS/IMU data, image names, effort type, trigger type;

• When triggering on a detection algorithm, an output file shall include records for each detection including: unique object ID, image names, x,y pixel coordinates of detected objects, classification if available.

PAGE 7 OF 51 1305M318QNFFS0038

Task E: Running Detection Algorithms In-Flight

• In-line hook for testing and implementing real-time use of detection algorithms;

• Include image path for algorithm access to thermal and color images and feedback approach to allow images to be saved, discarded, or flagged based on algorithm output;

• Algorithm requirements shall mirror those of the NOAA VIAME framework:

(http://www.viametoolkit.org/) such that algorithms can be run either in-flight or in the post-processing VIAME environment (Specific requirements will be provided by NOAA);

• A test algorithm shall be provided by NOAA for software development needs.

Task F: Additional Requirements

• Provide hardware requirements for control computers or provide hardware itself;

• Provide GNSS/IMU hardware (NovAtel SPAN-IGM-A1 or similar) and required antenna and required cables;

• Provide processing of GNSS/IMU data as needed to meet the requirements;

• Provide shapefiles of area photographed by each camera per flight and metadata report (user inputs of fixed camera angles, camera type and lenses used).

Task G: Testing Installation and Training Specifications

• Bench testing raw data acquisition (at vendor location);

• Test flight of raw data acquisition (location TBD, likely Florida, expected to take one week);

• Bench testing full system functionality (at vendor location);

• Flight test full system in survey conditions (Barrow, Alaska expected to take one week);

• On-site installation and training NOAA staff, including software use and any post-processing or registration steps required. Delivery of written manual with system requirements, installation instructions, user manual, and troubleshooting (Seattle, Washington, not to exceed one week).

Task H: Option Period I

If the product developed under this contract performs as specified as outlined, the following option period may be exercised, subject to availability of funds.

• Integrate radar altimeter and UV (or other) cameras to instrument package and control software if provided by NOAA – Marine Mammal Laboratory;

• Add detection algorithm development and optimize in-flight operation;

• Modification of output logs to provide detection record

PAGE 8 OF 51 1305M318QNFFS0038

1.7 Deliverables:

Date Milestone Deliverable Location Format

Sept Kickoff Meeting 10 business days of contract award Virtual phone/video

Oct Raw data acquisition bench test

Report of tests and results, identify next steps

Vendor site pdf

Nov Raw data acquisition test flight

Report of tests and results, identify next steps

TBD* pdf

Dec Expansion Meeting Image registration and real-time detection demo

Vendor site demo

Feb Full functionality bench test

Report of tests and results, identify next steps

Vendor site pdf

Apr Full functionality In flight test

Report of tests and results, any final fixes required

Barrow, AK pdf

June On-site training Manual, hardware, software, license(s), source code (I/A)

Seattle, WA pdf, txt, exe

2. Quality Assurance:

Performance will be measured during bench and flight tests using the following measures:

• Accuracy of data collection over multiple, four-hour tests to ensure product meets specifications of contract reliably and consistently.

o Are images lost? Are image timestamps accurate and reflective of GNSS/IMU?

o Does image registration remain consistent at different fields of view (vertical windowing)?

o Accuracy of registration and data collection will be tested using the sample algorithm

• Ease of use, intuitive design of GUI

• A thorough analysis of final in-flight data collected in survey conditions will be conducted to ensure performance meets specifications.

3. Meetings:

For all meetings, the contractor shall be responsible for providing meeting materials, administrative, and facilitation support. Meetings will be conducted locations specified in the Deliverables table (section 1.7) unless otherwise agreed upon by both parties:

PAGE 9 OF 51 1305M318QNFFS0038

Post-award Kickoff Meeting

• Within 10 business days of contract award, the Government will conduct a post-award kickoff meeting via teleconference (specific date and time to be mutually agreed-upon).

Intermittent Project Status Reviews

• At the sole discretion of the Government, intermittent project status reviews may be conducted on an informal basis, by telephone or teleconference, or in person at vendor location for bench test demonstrations and expansion meetings as outlined in the Deliverables time table (section 1.7). The Contractor shall provide written data and verbal presentations as to performance of the software and identify any risks, issues, or concerns and their mitigation or its plans for their mitigation.

4. Required Travel and Other Direct Costs (ODCs)

Travel is required to conduct test flights of the raw data acquisition and the final product and for final product delivery and training. Personnel involved in the software development and able to operate and modify the software as needed during test flights and able to provide training. The current projected itinerary is as follows. Departure and return dates will be finalized prior to travel and may vary slightly from scheduled itinerary:

• Raw data acquisition test flights will take place in the Contiguous United States, likely Florida, and shall not exceed one (1) week in December 2018;

• Final test flights shall be conducted under survey conditions in Barrow, Alaska in the spring. The anticipated length of this trip is one (1) week in April 2019, however, weather in Alaska is unpredictable and there is potential for the trip to be extended by a number of days required to complete a successful test flight;

• Final product delivery and staff training shall take place in Seattle, Washington and shall not exceed one (1) week (anticipated in June 2019).

Travel will be coordinated through the COR and approved on a case-by-case basis by the Contracting Officer in writing. Travel costs authorized under this order shall be reimbursed at cost and in accordance with the Federal Travel Regulation (www.gsa.gov/ftr). Any travel conducted prior to the receipt of proper written authorization from the Contracting Officer will be done at the Contractor’s own risk and expense.

PAGE 10 OF 51 1305M318QNFFS0038

ATTACHMENT 2

ADDITIONAL CONTRACT TERMS, CONDITIONS, AND REQUIREMENTS

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Items (JUL 2018) (DEVIATION 2017-02) (AUG 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-

78 (19 U.S.C. 3805 note)).

(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).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (April 2014)(41 U.S.C 4712).

XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

XX (9) 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(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

__ (11) [Reserved].

__ (12)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (13)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

PAGE 11 OF 51 1305M318QNFFS0038

__ (14) [Reserved] __ (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (17) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (18)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (19) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (20) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657 f).

XX (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

XX (28) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (29) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

XX (30) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

XX (31) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX (32) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

XX (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

XX (34)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

XX (35) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (36)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (37) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (38) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

PAGE 12 OF 51 1305M318QNFFS0038

__ (39)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (40)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (41) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (42)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (43) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (44) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (45) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (46)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

XX (47) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-

43. __ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (50) 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).

__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

XX (56) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013)

(31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (61)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

PAGE 13 OF 51 1305M318QNFFS0038

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

PAGE 14 OF 51 1305M318QNFFS0038

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xiii)52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O

13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

PAGE 15 OF 51 1305M318QNFFS0038

Clauses Incorporated by Reference:

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):

https://www.acquisition.gov/far/ http://farsite.hill.af.mil/vfcara.htm

Federal Acquisition Regulations (FAR) 52.204-4 Printed or Copied Double-sided On Postconsumer Fiber Content Paper (MAY 2011) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

Commerce Acquisition Regulations (CAR) 1352.201-70 Contracting Officer’s Authority (APR 2010) 1352.208-70 Restrictions on Printing and Duplicating (APR 2010) 1352.209-70 Potential Organizational Conflict of Interest (APR 2010) 1352.209-72 Restrictions Against Disclosure (APR 2010) 1352.209-73 Compliance with the Laws (APR 2010) 1352.239-72 Security Requirements for Information Technology Resources (APR 2010) 1352.209-74 Organizational Conflict of Interest (APR 2010)

Additional clauses full text:

FAR 52.217-5 Evaluation Of Options (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation.

Evaluation of options will not obligate the Government to exercise the option(s)

(End of provision)

FAR 52.217-8 Option To Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services. The option(s) will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise.

(End of Clause)

PAGE 16 OF 51 1305M318QNFFS0038

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 5 days of contract expiration, 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 one year.

(End of Clause)

CAR 1352.201-72 Contracting Officer’s Representative (COR) (APR 2010)

(a) [WILL BE DESIGNATED AT TIME OF AWARD VIA LETTER] 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 contracting officer letter.

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

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

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or 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.

(End of clause)

CAR 1352.215-72 Inquiries (APR 2010) Offerors must submit all questions concerning this solicitation in writing to the Contracting Specialist, Ms.

Carina Topasna at carina.topasna@noaa.gov. Questions should be received no later than five (5) business days after issuance of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

PAGE 17 OF 51 1305M318QNFFS0038

CAR 1352.233-70 Agency Protests (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

Joseph Greene Deputy Director - Seattle Western Acquisition Division 7600 Sand Point Way NE SOU6 Seattle, WA 98115 Fax: (206)526-6345

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

Senior Procurement Executive and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 1401 Constitution Avenue N.W.

Washington, D.C. 20230

FAX: (202) 482-1711

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

PAGE 18 OF 51 1305M318QNFFS0038

CAR 1352.233-71 GAO And Court Of federal claims protests (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel

Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

CAR 1352.201-72 Contracting Officer's Representative (COR) (APR 2010)

(a) To Be Designated By Letter at 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 Designated By Letter at Time of Award

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

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

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

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

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: coordinated with the COR after award

PAGE 19 OF 51 1305M318QNFFS0038

CAR 1352.270-70 Period of Performance (APR 2010)

(a) The base period of performance of this contract is from September 01, 2018 through June 1, 2019. If an option is exercised, the period of performance shall be extended through the end of that option period.

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

Period Start date End date Option I June 02, 2019 February 1, 2020

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)

NAM 1330-52.270-304 NOAA Acquisition and Grants Office Ombudsman (OCT 2016)

(a) The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:

1. Allow contractors to better prepare for and propose on business opportunities. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from.

2. Identify constraints in transparency and process.

(b) The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her.

Further, the 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.

PAGE 20 OF 51 1305M318QNFFS0038

(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, etc.).

(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…