1305M322QNFFM0025 DRAFT Solicitation.pdf

DRAFT: BUOYLESS/ROPELESS SYSTEMS TO PROVIDE TO POT/TRAP FISHERMEN TO

TEST IN COMMERCIAL FISHING OPERATIONS

i) This is a DRAFT combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with FAR Subpart 13.5, with additional information included in this notice. This notice will be amended to reflect a final version prior to solicitation closing. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The National Oceanic & Atmospheric Administration (NOAA) is contemplating up to 10 Firm-Fixed Price (FFP) awards from the solicitation and is tentatively reserving 3 of those awards for SBs in accordance with FAR 19.503. NOAA intends to award up to 10 contracts for different types of buoyless/ropeless systems to provide to pot/trap fishermen to test in commercial fishing operations, as described in the Statement of Work. All responsible business sources may submit a quotation which shall be considered by NOAA. The Government intends to select multiple contractors; however, the Government reserves the right to award no contract at all, depending on the quality of the quotations, the prices submitted, and the availability of funds.

ii) This solicitation is issued as a request for quotation (RFQ). Written quotes for RFQ number 1305M322QNFFM0025 shall be submitted on Standard Form 18.

iii) The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular No. 2022-04, dated January 30, 2022.

iv) This solicitation is tentatively open to all businesses. NOAA is contemplating up to 10 awards from the solicitation and is tentatively reserving 3 of those awards for small businesses. The associated NAICS code is 334511. The small business size standard is 1,250 employees.

v) This combined synopsis/solicitation is for purchase of the following commercial supply items:

BASE PERIOD

CLIN 0001: Period of Performance shall be May 15, 2022 – May 14, 2023; Up to 5 EA; Provide Deck System(s) [controller, transducer, and interface (e.g., tablet)] in support NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC), Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

CLIN 0002: Period of Performance shall be May 15, 2022 – May 14, 2023; Up to 26 EA; Provide Underwater acoustic release system(s) in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

*CLIN 0003: Period of Performance shall be May 15, 2022 – May 14, 2023; Optional CLIN Provide Through-hull transducers-permanently installed transducers in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

*CLIN 0004: Period of Performance shall be May 15, 2022 – May 14, 2023; Optional CLIN Provide Dash mounted/chart plotter controller units in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P295_49268 https://www.acquisition.gov/far/13.500

*CLIN 0005: Period of Performance shall be May 15, 2022 – May 14, 2023; Optional CLIN Provide Stand-alone gear location marking technology in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

OPTION PERIOD I:

CLIN 1001: Option Item - Period of Performance shall be May 15, 2023 – May 14, 2024; Up to 15 EA; Provide Deck System(s) [controller, transducer, and interface (e.g., tablet)] in support NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC), Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

CLIN 1002: Option Item - Period of Performance shall be May 15, 2023 – May 14, 2024; Up to 75 EA; Provide Underwater acoustic release system(s) in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

*CLIN 1003: Period of Performance shall be May 15, 2023 – May 14, 2024; Optional CLIN Provide Through-hull transducers-permanently installed transducers in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

*CLIN 1004: Period of Performance shall be May 15, 2023 – May 14, 2024; Optional CLIN Provide Dash mounted/chart plotter controller units in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

*CLIN 1005: Period of Performance shall be May 15, 2023 – May 14, 2024; Optional CLIN Provide Stand-alone gear location marking technology in support of NOAA Fisheries’ Northeast Fisheries

OPTION PERIOD II:

CLIN 2001: Option Item - Period of Performance shall be May 15, 2024 – May 14, 2025 Up to 15 EA; Provide Deck System(s) [controller, transducer, and interface (e.g., tablet)] in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC), Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

CLIN 2002: Option Item - Period of Performance shall be May 15, 2024 – May 14, 2025; Up to 75 EA; Provide Underwater acoustic release system(s) s in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

*CLIN 2003: Period of Performance shall be May 15, 2024 – May 14, 2025; Optional CLIN Provide Through-hull transducers-permanently installed transducers in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

*CLIN 2004: Period of Performance shall be May 15, 2024 – May 14, 2025; Optional CLIN Provide

Dash mounted/chart plotter controller units in support of NOAA Fisheries’ Northeast Fisheries in accordance with the Statement of Work contained herein.

*CLIN 2005: Period of Performance shall be May 15, 2024 – May 14, 2025; Optional CLIN Provide Stand-alone gear location marking technology in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

OPTION PERIOD III:

CLIN 3001: Option Item - Period of Performance shall be May 15, 2025 – May 14, 2026; Up to 15 EA; Provide Deck System(s) [controller, transducer, and interface (e.g., tablet)] in support NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC), Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

CLIN 3002: Option Item - Period of Performance shall be May 15, 2025 – May 14, 2026; Up to 75 EA; Provide Underwater acoustic release system(s) in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

*CLIN 3003: Period of Performance shall be May 15, 2025 – May 14, 2026; Optional CLIN Provide Through-hull transducers-permanently installed transducers in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

*CLIN 3004: Period of Performance shall be May 15, 2025 – May 14, 2026; Optional CLIN Provide Dash mounted/chart plotter controller units in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

*CLIN 3005: Period of Performance shall be May 15, 2025 – May 14, 2026; Optional CLIN Provide Stand-alone gear location marking technology in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

OPTION PERIOD IV:

CLIN 4001: Option Item - Period of Performance shall be May 15, 2026 – May 14, 2027; Up to 15 EA; Provide Deck System(s) [controller, transducer, and interface (e.g., tablet)] in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC), Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

CLIN 4002: Option Item - Period of Performance shall be May 15, 2026 – May 14, 2027; Up to 75 EA; Provide Underwater acoustic release system(s) in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

*CLIN 4003: Period of Performance shall be May 15, 2026 – May 14, 2027; Optional CLIN Provide Through-hull transducers-permanently installed transducers in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

*CLIN 4004: Period of Performance shall be May 15, 2026 – May 14, 2027; Optional CLIN Provide Dash mounted/chart plotter controller units in support of NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) Protected Species Branch study to protect, and rescue endangered species, in accordance with the Statement of Work contained herein.

*CLIN 4005: Period of Performance shall be May 15, 2026 – May 14, 2027; Optional CLIN Provide Stand-alone gear location marking technology in support of NOAA Fisheries’ Northeast Fisheries

vi) Description of requirements is as follows:

STATEMENT OF WORK

Title: Buoyless/Ropeless Systems

The Contractor shall provide all labor, materials, equipment, supervision and transportation for the delivery of commercial on-demand buoyless/ropeless systems, controllers, and transducers. It is anticipated that different technologies may be utilized to accomplish this requirement such as inflation bags and acoustic releases holding a float and rope at the bottom.

Background: The primary purpose of the Economics and Statistics Administration (ESA) is to protect and recover imperiled species and the ecosystems upon which they depend. The North Atlantic right whale is one of the world’s most endangered large whale species, with only an estimated 450 remaining. The leading causes of known mortality for North Atlantic right whales are entanglement in fishing gear and vessel strikes.

NOAA Fisheries’ Northeast Fisheries Science Center (NEFSC) and its partners are dedicated to conserving and rebuilding the North Atlantic right whale population. A variety of innovative techniques to study, protect, and rescue these endangered whales are used. The NEFSC believes that working with engineers and fishermen to test and evaluate new technologies will help engage partners as they develop solutions to reduce the risk of entanglements.

Objective: The NEFSC Gear Research Team is looking to collaborate with commercial fishermen to evaluate new technologies intended to minimize the potential for marine mammal interactions in pot and trap fisheries. NEFSC is going to provide fishermen technology for testing and to attain their input concerning reliability, operational usability, safety, and performance.

The NEFSC has a requirement for buoyless/ropeless solutions for pot and trap fishing gear. NEFSC is requesting existing technology that they can supply to fishermen to test for operational reliability, and to familiarize fishermen who can report on concerns or successes. Multiple different system types that can be made available to fishermen with the understanding that certain technologies may be suited better for different environments and depths are required. The Government is planning on awarding up to a maximum of ten contracts.

SYSTEMS (Deck and Release)

DECK SYSTEMS (controller, transducer, and interface (e.g., tablet) :

The deck system shall be capable of triggering the underwater acoustic release system and should be capable of controlling and storing acoustic release codes, have gear location marking capability, and data storage of release locations with a time/date stamp and be powered by a 12v power supply or have a battery life of 72 hours run time. Each deck system shall have a touch interface through a supplied screen or a commercially available tablet. Either shall be provided by the awardee.

Additionally, the deck system must include a transducer that is capable of communicating with and releasing the underwater acoustic release systems from the controller near the surface from 4 - 200fm in temperatures from 0-30C SST. Portable and boat mounted options are desirable.

UNDERWATER ACOUSTIC RELEASE SYSTEMS:

The Underwater acoustic release systems are expected to be the first unit in a trawl (series) of pots/traps and will be tied to the remaining pots/traps within the fishing operation. These systems must include all ancillary equipment and software that will trigger the release of their system that will allow the fishermen to retrieve their gear.

These systems must have:

1. Been previously tested in the commercial pot or trap fishery.

2. Be capable of operating in waters ranging from 0-30C SST.

3. When set and fishing, provide no vertical line in the water that could entangle a whale.

4. Units must have a mechanism (e.g., acoustic release) to trigger the systems so the gear can be retrieved.

5. Must be designed so the system can be reset and redeployed while at sea.

6. Unit must be of a size suitable for use on commercial fishing vessels where deck space and time may be limited. Unit should be similar in size and construction to a commercial lobster trap.

7. Units must be constructed of materials that will withstand constant submersion in salt water, weigh less than 250 lbs. and can withstand a drop from 10 feet.

The Government requires a minimum “up to” the quantities stated in the schedule listed above.

Optional CLIN(s) are listed with an asterisk (*) in the price schedule. Vendor pricing for these optional items is not required:

1. Through-hull transducers-permanently installed transducers

2. Dash mounted/ chart plotter controller units

3. Stand-alone gear location marking technology

REQUIREMENTS

To be eligible, contractors must have developed and tested systems previously and have systems available to market. Quotes shall include the design and testing details of each unit.

DELIVERY REQUIREMENTS

Following contract award, system(s) and all components shall be provided to Henry Milliken at the address in vii below no later than 60 days after award.

-End Statement of Work-

vii) Acceptance of all Contract Line Item Numbers (CLINs) will be at NOAA/NMFS/NEFSC 166 Water Street Woods Hole, MA 02543

viii) The provision at FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial

Services (NOV 2021) and addenda apply to this acquisition.

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

ADDITIONAL QUOTE PREPARATION INSTRUCTIONS:

Offerors shall submit all attachments with complete information which clearly and concisely relates to the evaluation criteria in SOLICITATION PROVISIONS, FAR 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021), specifically addressing the following:

Quotations are due no later than 2:00 PM Pacific Time on May 3, 2022, and shall be submitted via email to the Contract Specialist – Amanda Leal (amanda.leal@noaa.gov) and the Contracting Officer – Crystina R. Jubie (crystina.r.jubie@noaa.gov).

(a) General Instructions

(1) The offer must be prepared in two parts: A technical quote and business/price quote. Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other. The technical quote must not contain reference to price; however, adequate information must be contained in the technical quote so that the offeror’s technical approach is sufficiently detailed to provide a clear and concise presentation that addresses all contract requirements and demonstrates a clear understanding of the requirements.

(2) The technical quote should be typed, double-spaced, with one inch margins, using Times New Roman size 11-font or equivalent, and printed, unreduced in size, on 8½" by 11" paper. The technical quote shall be no more than 15 pages, including all tables and graphics but excluding resumes, index/appendices and past performance references. Picture submissions shall not exceed 20 pages and video submissions should be no more than 10 minutes in duration. There is no size limitation for business/price quotes.

(3) The offeror shall submit:

a. Technical Quote: One (1) copy, electronic required.

b. Business/Price Quote: One (1) copy, electronic required.

Each part shall be clearly marked by title. There is no page limitation for the price quote.

(4) The Government will evaluate quotes in accordance with the provisions set forth in this section and with the evaluation criteria stated below.

(5) The Offerors shall identify and explain any exceptions or deviations taken to any part of the solicitation or conditional assumptions made with respect to the technical requirements of the solicitation.

Offerors should note that taking exceptions to the Government’s requirements may indicate an unwillingness or inability to perform the contract, and the quote may be evaluated as such.

(b) Technical Quote

Vendors shall submit the following in their technical quote:

(1) Technical capability of the item offered to meet the Government requirement: The quote shall demonstrate the offeror´s organization and plan for successfully executing the Statement of Work.

mailto:amanda.leal@noaa.gov mailto:crystina.r.jubie@noaa.gov

In the technical quote, offerors shall provide information and documentation in sufficient detail to clearly identify qualifications.

Offerors shall complete the past performance form indicating pertinent employment experience for ropeless systems for the five (5) previous years.

Offerors shall provide sufficient detailed information which demonstrates their technical capability, proposed technical approach, and how they plan to meet the specified requirements.

(2) Evaluation Factor: Past Performance

• Attachment #1 – Past Performance Form

The Government will conduct a past performance assessment based on the quality of the past performance of the contractor on similar contracts as it relates to the probability of successful accomplishment of the required effort. The Government will use its discretion to determine the sources of past performance information used in the evaluation. Information utilized will be obtained from the references listed in the quote, other customers known to the Government, and others who may have useful and relevant information. Information will also be considered regarding any significant subcontractors and key personnel, who may be referenced on Attachment No. 1.

Offerors shall provide a listing of customers to which Past Performance Questionnaire forms were distributed. The list must contain the firms’ names, the representative to whom the form was provided, a telephone number of the contact and an email address. Your customers are requested to complete the Past Performance form and submit the form by email directly to the Contract Specialist and Contracting Officer noted below.

If an offeror does not have a history of similar or relevant past performance, or if it is not available, it should be noted as such in the quote.

NOTE: Upon completion of the form, the customer shall return it to:

DOC, NOAA, Western Acquisition Division by email to:

Contract Specialist – Amanda Leal, amanda.leal@noaa.gov Contracting Officer – Crystina R. Jubie, crystina.r.jubie@noaa.gov

Please Note: Any Exceptional, Marginal or Unsatisfactory rating assessed by the customer on individual elements or overall rating assigned on the past performance questionnaire, shall include an explanatory narrative to be provided in the remarks block. These narratives need not be lengthy, just adequately detailed to support evidence of the specific ratings noted above. Failure to provide information supporting the assigned rating may result in a lower rating being designated than that assigned by the customer.

Offerors shall make every effort to ensure that forms are received no later than the submission date stated in the solicitation for the quote in order to be considered for evaluation of this factor. Questionnaires submitted directly by the offeror rather than by the customer may not be considered.

If an offeror does not have a history of relevant past performance, or if past performance information is not available, the offeror will receive a neutral past performance rating.

(c) Business/Price Quote Instructions

Business/Price quotes must adhere to the pricing structure established in the Price Schedule.

The quote must include a price for all Contract Line Item Numbers (CLINs).

Any acceptance period entered on the quote form by the offeror shall not be less than forty-five days, which shall apply if no other period is offered.

The person signing the offer must have the authority to commit the offeror to all of the provisions of the quote, fully recognizing that the Government has the right, by terms of the Solicitation, to make an award without discussion if it so elects.

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive.

Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Quotes shall be fully executed and returned on the Standard Form (SF) 18 and any acknowledgements of solicitation amendments on the SF 30.

2. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are required and should be sent to Amanda Leal, amanda.leal@noaa.gov and Crystina R. Jubie, crystina.r.jubie@noaa.gov. Electronic/email quotes should be compatible with Microsoft Suite or Adobe. Due to size limitations placed on the NOAA email system, volumes of quotations may have to be sent in separate emails.

3. At a minimum the contractor shall provide the following information:

a) Point of contact name, telephone, facsimile and E-mail address.

b) DUNS Number

c) Acknowledgement of registration in the System for Award Management (SAM) database

d) Identification of Authorized Negotiators, including name, telephone, facsimile and E-mail address

e) Certification that Representations and Certifications have been executed by an individual authorized to legally bind the offering firm.

Offerors are responsible for submitting quotations, and any revisions, so as to reach the office identified in Block 9 of the SF-18 by the time specified in the solicitation. The Government will not be responsible for any failure attributable to the transmission or receipt of the electronic information, including the missing of any deadlines that may be established by the process. It is the offeror’s responsibility to confirm receipt of any transmitted information. Upon written request to the Contract Specialist/Contracting Officer, offerors may be granted access to the Department of Commerce’s Kiteworks secure file transfer site for secure transmission of quotes. The offeror is responsible for requesting access in a timely manner to ensure on-time receipt of quotes. The Government is not responsible for quotes received late through the secure file transfer site.

PLEASE NOTE: Offeror(s) MUST submit pricing for each blank line item in the schedule. Failure to offer in this manner may result in the quotation’s rejection. Pricing must reflect costs associated with the offer of one (1) system and all components, per quotation submission. Offerors wishing to propose more than one system and all components must submit separate offer packages for each system.

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov/browse/index/far CAR: https://www.acquisition.gov/car

(End of provision)

PROVISIONS INCORPORATED BY REFERENCE:

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG

2020)

FAR 52.217-5 EVALUATION OF OPTIONS (JULY 1990)

CAR 1352.242-70 POST AWARD CONFERENCE (APR 2010)

PROVISIONS INCORPORATED BY FULL TEXT:

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/car from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the

Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

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 FR 16,651 (April 6, 1999).

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

Crystina R. Jubie Via email: crystina.r.jubie@noaa.gov

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

Sarah Waugh Via email: sarah.waugh@noaa.gov

(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, NW., Washington, DC 20230. FAX: (202) 482–5858.

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, NW., Washington, DC 20230. FAX: (202) 482–5858.

ix) The provision at FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) applies to this acquisition.

FAR 52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

mailto:sarah.waugh@noaa.gov

(1) Technical Understanding and Capability:

The Government will evaluate the offeror’s ability and method of providing all the requirements in the SOW as identified in their technical quote. Technical capability will be rated as to the extent the offeror can clearly and fully demonstrate that it has a thorough understanding of the requirements and can successfully provide the requirements. Offerors that cannot specifically address their ability and method of providing all the requirements in the SOW, or that do not submit a technical quote with their offer, may be rejected without further consideration.

(2) Past Performance:

The Government will evaluate an offeror’s past performance to determine the degree to which current and previous contract efforts indicate the probability of the offeror successfully performing the requirements of the SOW. The currency and relevancy of the information, source of the information, context of the data, and general trends in contractor’s performance will be considered. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency's knowledge of contractor performance, other government agencies or commercial entities, or past performance databases. Past Performance information received from the offeror shall be within the past 3 years or ongoing and be relevant to this requirement (i.e.

the same or similar requirement.) Current performance will have a greater impact in the evaluation than less recent performance. Only relevant past performance will be evaluated. An offeror’s lack of relevant past performance will not be evaluated favorably or unfavorably and will be rated as “neutral”. However, a strong record of relevant past performance will be considered more advantageous to the Government than a “neutral” rating.

(3) Price:

The Government shall evaluate the prices listed in the Schedule of Supplies/Services for price reasonableness (Base Period and all Option Period CLINS). Evaluation of options does not obligate the Government to exercise any option periods. Unrealistic low prices and high prices may be rejected without further consideration. The other evaluation factors are significantly more important than price. Although price is not the controlling factor in award of an order, it is an important factor and should not be ignored. Offerors are required to provide a firm-fixed unit price for all items/CLINS.

(b) OPTIONS: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

x) Offerors are required to include a completed copy of the provision at FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (NOV 2021) with their offer(s).

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (DEVIATION CAAC

LETTER 2020-05) (AUG 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology— https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications.