Request for Proposal 1305M323RNRMA0015 - TRACK CHANGES.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 7900)

RATING PAGE OF

PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

1305M323RNRMA0015 SEALED BID (IFB)

NEGOTIATED (RFP)

NR-MAG000-22-00224

NR-MAG000-22-00224

7. ISSUED BY CODE AJ730004 8. ADDRESS OFFER TO (If other than Item 7)

WESTERN ACQUISITION DIVISION

325 BROADWAY, SOU6

BOULDER CO 80305

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in N/A until 3:00

PM MT

local time AUG 24, (Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawls: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

B. TELEPHONE (NO COLLECT CALLS)10. FOR

INFORMATION CALL

A. NAME

JULIA HAMILTON AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

julia.l.hamilton@noaa.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART 1 - THE SCHEDULE PART II - CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 - 2 I CONTRACT CLAUSES 27 - 41

X B SUPPLIES OR SERVICES AND PRICES/COSTS 6 - 7 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 8 - 8 J LIST OF ATTACHMENTS 42 - 42

D PACKAGING AND MARKING 9 - 9 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 10 - 10 K REPRESENTATIONS, CERTIFICATIONS AND OTHER 43 - 49

F DELIVERIES OR PERFORMANCE 11 - 15 STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 16 - 17 L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 50 - 62

H SPECIAL CONTRACT REQUIREMENTS 18 - 26 M EVALUATION FACTORS FOR AWARD 63 - 66

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15A. NAME AND

ADDRESS OF

OFFEROR

(Type or print)

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT

AREA CODE NUMBER EXTENSION FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c) 41 U.S.C. 3304(a) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER(Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

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SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1100 Task 1 - Radar Test Article (RTA)

Period of Performance: 06/21/2024 to 06/20/2026

1.00 EA

2100 Task 2 - Radar Task Facility (RTF)

3100 Task 3 - Installation and Integration of RTA

4100 Task 4 - Documentation and Training

OPT

5100 Task 5 - Support and Maintenance

Option Period 1

Period of Performance: 06/21/2026 to 06/20/2027

1.00 EA

OPT

5200 Task 5 - Support and Maintenance

Option Period 2

Period of Performance: 06/21/2027 to 06/20/2028

1.00 EA

OPT

5300 Task 5 - Support and Maintenance

Option Period 3

Period of Performance: 06/21/2028 to 06/20/2029

1.00 EA

OPT

5400 Task 5 - Support and Maintenance

Option Period 4

Period of Performance: 06/21/2029 to 06/20/2030

1.00 EA

OPT

5500 Task 5 - Support and Maintenance

Option Period 5

Period of Performance: 06/21/2030 to 06/20/2031

PAGE 2 OF 2 1305M323RNRMA0015

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1305M323RNRMA0015 Phased Array Radar

Table of Contents

PART I – THE SCHEDULE

SECTION A – SOLICITATION FORM 1

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS 6

B.1 GENERAL 6

B.2 CONTRACT LINE ITEM NUMBERs (CLINs) 6

B.3 %APPLICABILITY OF WAGE RATE REQUIREMENTS (CONSTRUCTION) 7

B.4 %DISCLOSURE OF MAGNITUDE 7

B.5 %BID GUARANTEE AND PERFORMANCE AND PAYMENT BONDS 7

SECTION C – DESCRIPTION / SPECIFICATIONS / PERFORMANCE WORK STATEMENT 8

SECTION D – PACKAGING AND MARKING 9

SECTION E – INSPECTION AND ACCEPTANCE 10

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 10

E.2 CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) 10

E.3 METHODS OF SURVEILLANCE 10

E.4 RESPONSIBILITY FOR INSPECTION AND ACCEPTANCE 10

SECTION F – DELIVERIES OR PERFORMANCE 11

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 11

F.2 % FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) 11

F.3 % ADDENDUM TO FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (AUG 1984) 11

F.4 CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010) 11

F.5 NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005) 12

F.6 OBSERVANCE OF LEGAL HOLIDAYS 14

F.7 CPARS REGISTRATION 15

F.8 NOVATION AGREEMENT FOR ACQUIRING CERTAIN INFORMATION TECHNOLOGY (SEPT 2015)

SECTION G – CONTRACT ADMINISTRATION DATA 17

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 17

G.2 CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010) 17

G.3 CAR 1352.237-74 PROGRESS REPORTS (APR 2010) 17

G.4 NAM 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (Feb 2023) 17

G.5 1330-52.242-70 SUBMITTAL OF INVOICES (FEB 2011) 18

SECTION H – SPECIAL CONTRACT REQUIREMENTS 19

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 19

H.2 CAR 1352.228-70 INSURANCE COVERAGE (APR 2010) 19

H.3 CAR 1352.237-75 KEY PERSONNEL (APR 2010) 20

H.4 NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015)

H.5 NAM 1330-52.208-70 SUBCONTRACTING WITH ABILITYONE NONPROFIT ORGANIZATIONS (DEC 2022) 20

H.6 NAM 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND

RESPONSE POLICY (MAY 2018) 21

H.7 @NAM 1330-52.232-70 NOAA LIMITATION OF FUNDS ON TIME-AND-MATERIALS AND LABOR- HOUR CONTRACTS (MAY 2015) (applicable to T&M CLINs only) 23

H.8 NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS 24

H.9 NAM 1330-52.237-71 NOAA GOVERNMENT-CONTRACTOR RELATIONS – NON-PERSONAL

SERVICES (SEPT 2017) 24

H.10 NAM 1330-52.237-72 CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017) 25

H.11 NAM 1330-52.243-70 REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017) 26

H.12 NAM 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2022) 26

PART II – CONTRACT CLAUSES 28

SECTION I – CLAUSES AND CONTRACT LANGUAGE 28

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 28

I.2 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021) 31

I.3 &FAR 52.211-11 LIQUIDATED DAMAGES-SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEPT 2000) 32

I.4 %FAR 52.211-12 LIQUIDATED DAMAGES-CONSTRUCTION (SEPT 2000) 32

I.5 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 32

I.6 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 32

I.7 %FAR 52.228-11 INDIVIDUAL SURETY-PLEDGE OF ASSETS (FEB 2021) (DEVIATION APR 2020) 32

I.8 %FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (JUN 2020)

(DEVIATION APR 2020) 33

I.9 FAR 52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012) 34

I.10 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021) (DEVIATION APR 2020) (31 U.S.C. 3903 and 10 U.S.C. 2307) 37

I.11 % FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE

II (APR 1984) 37

I.12 FAR 52.243-7 NOTIFICATION OF CHANGES (JAN 2017) 38

I.13 &FAR 52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAY 2001) 39

I.14 FAR 52.246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE

SPECIFICATIONS OR DESIGN CRITERIA (MAY 2001) 40

I.15 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) 42

I.16 INCORPORATION OF SUBCONTRACTING PLAN 42

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 43

SECTION J – LIST OF ATTACHMENTS 43

PART IV – REPRESENTATIONS AND INSTRUCTIONS 44

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS 44

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 44

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022) 44

K.3 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) 46

K.4 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 48

K.5 FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2018) 48

K.6 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATIONS

(NOV 2021) 49

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 51

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 51

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1982) 51

L.3 %FAR 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) 51

L.4 %FAR 52.228-1 BID GUARANTEE (SEPT 1996) 52

L.5 FAR 52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED PAYMENTS (MAR 2000) 52

L.6 FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) 53

L.7 %FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) 53

L.8 CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) 54

L.9 CAR 1352.215-71 INSTRUCTIONS FOR ORAL PRESENTATIONS. (APR 2010) 59

L.10 CAR 1352.215-72 INQUIRIES. (APR 2010) 60

L.11 CAR 1352.233-70 AGENCY PROTESTS. (APR 2010) 61

L.12 CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS. (APR 2010) 61

L.13 CAR 1352.239-71 ELECTRONIC AND INFORMATION TECHNOLOGY. (APR 2010) 62

L.14 NOTICE OF SUPPLY CHAIN RISK ASSESSMENT (SEPT 2015) 62

L.15 NON DESTRUCTIVE AND DESTRUCTIVE TESTING (SEPT 2015) 62

L.16 SUPPLY CHAIN RISK ASSESSMENT INFORMATION (SEPT 2015) 62

SECTION M – EVALUATION FACTORS FOR AWARD 64

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 64

M.2 CAR 1352.215-74 BEST VALUE EVALUATION. (APR 2010) 64

M.3 CAR 1352.215-75 EVALUATION CRITERIA. (APR 2010) 64

M.4 EVALUATION OF SUPPLY CHAIN RISK ASSESSMENT INFORMATION (SEPT 2015) 67

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL

This requirement is for a Phased Array Radar (PAR) Test Article and ancillary items for the Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Office of Oceanic and Atmospheric Research (OAR) National Severe Storms Laboratory (NSSL). The applicable North American Industry Classification System (NAICS) code is 334519, “Other Measuring and Controlling Device Manufacturing.”

This is a non-commercial contract executed under FAR Part 15, Contracting by Negotiation. Task One (1) Radar Test Article (RTA) is a firm fixed price supply. Task Two (2) Radar Test Facility (RTF), includes construction and is supplementally governed by FAR Part 36, Construction and Architect-Engineer Contracts. Additionally, Task Five (5) is for support and maintenance to be executed as a Time and Materials effort. As such, certain clauses are only applicable to these three aforementioned tasks’ CLINs as delineated below.

& Delineates clauses only applicable to task one (1) Radar Test Article (RTA) (FAR Part 16.2 - Fixed Price Supply) % Delineates clauses only applicable to task two (2) RTF (FAR Part 36 - Construction) @ Delineates clauses only applicable to task five (5) Support and Maintenance (FAR Part 16.6 -Time & Materials)

B.2 CONTRACT LINE ITEM NUMBERs (CLINs)

CLIN

Task Task Period of Performance

Contract Type

1001 One (1) RTA

Two Three (32) year base period Firm Fixed Price

2001 Two (2) RTF (including construction)

3001 Three (3) Installation and Integration of RTA

4001 Four (4) Documentation and Training

5101 Five (5) Support and Maintenance to include Other Direct Costs (ODCs):

Option Period One (1)

Five (5) one-year option periods

Time & Materials

5201 Five (5) Support and Maintenance to include ODCs:

Option Period Two (2)

5301 Five (5) Support and Maintenance to include ODCs:

Option Period Three (3)

5401 Five (5) Support and Maintenance to include ODCs:

Option Period Four (4)

5501 Five (5) Support and Maintenance to include ODCs:

Option Period Five (5)

B.3 %APPLICABILITY OF WAGE RATE REQUIREMENTS (CONSTRUCTION)

Wage Rate Requirements (Construction), formerly known as the Davis-Bacon Act, now codified at 40 U.S.C. chapter 31, is applicable to this contract. See FAR 52.222-6 Construction Wage Rate Requirements.

B.4 %DISCLOSURE OF MAGNITUDE

In accordance with FAR 36.204 the disclosure of magnitude is more than $10,000,000.00.

B.5 %BID GUARANTEE AND PERFORMANCE AND PAYMENT BONDS

All Offerors must furnish a bid guarantee in accordance with Section L.4, FAR 52.228-1 BID GUARANTEE.

Performance and payment bonds are required for this procurement. The awardee must furnish the required performance and payment bonds within ten (10) calendar days after contract award. Refer to Section I for additional bonding requirements.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

SECTION C – DESCRIPTION / SPECIFICATIONS / PERFORMANCE WORK STATEMENT

The Performance Work Statement (PWS) including all drawings, specifications, and addenda (if applicable) are included as attachments to this document as indicated in Section J, List of Attachments.

SECTION D – PACKAGING AND MARKING

This section is intentionally left blank.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

FAR 52.246-2 Inspection of Supplies – Fixed-Price (AUG 1996) FAR 52.246-4 Inspection of Services – Fixed-Price (AUG 1996)

@ FAR 52.246-6 Inspection – Time-and-Material and Labor-Hour (MAY 2001) % FAR 52.246-12 Inspection of Construction (AUG 1996)

E.2 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:

PAR Site 35°14'06.8"N 97°27'55.6"W Norman, OK 73069

E.3 METHODS OF SURVEILLANCE

Quality Assurance Surveillance Plan (QASP) to be incorporated at time of award.

E.4 RESPONSIBILITY FOR INSPECTION AND ACCEPTANCE

The Contracting Officer’s Representative (COR), as appointed/designated by letter per the information listed in Section G of this document, is the Government's official responsible for inspection and acceptance of required services under the terms and conditions of this contract. The Government may designate additional representative(s) to provide periodic inspections or observations during the performance of this contract. However, Government inspections are for the sole benefit of the Government and do not relieve the Contractor of its responsibilities to provide adequate quality control for the works described in Attachment 1 - Performance Work Statement. The Contractor is responsible for inspection of its own work to ensure that all work performed conforms to the terms and conditions of the contract.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

% FAR 52.236-15 Schedules for Construction Contracts (APR 1984) % FAR 52.242-14 Suspension of Work (APR 1984)

FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.242-17 Government Delay of Work (APR 1984)

F.2 % FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than June 20July 23, 20276 (estimated, to be confirmed at award). The time stated for completion shall include final cleanup of the premises.

F.3 % ADDENDUM TO FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (AUG 1984)

In accordance with FAR 52.236-15, Schedules for Construction Contracts, the contractor shall provide a “draft” project schedule for review during the post award/pre-construction meeting, which specifically shows the time frame required to accomplish the individual construction activities. The schedule shall be in the form of a progress chart (of suitable scale) to appropriately indicate the percentage of work scheduled for completion and associated price at any given date during the performance period. The chart shall outline the general sequential order in which the contractor proposes to perform the work and the dates on which the contractor contemplates start and completion. A final project schedule shall be submitted to the COR for review and approval through the submittal process no later than five days after work commences.

F.4 CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The base period of performance of this contract is three (3)two years and is currently estimated to be from June 21July 24, 2024 through June 20July 23, 20276. If an option is exercised, the period of performance shall be extended through the end of that option period.

Note 1: If the contract is awarded more than 105 calendar days before June 20July 23, 2024, the period of performance will be shifted forward to begin 5 business days after contract award.

Note 2: If the awardee’s proposed schedule is less than 3624 months, it will be adopted into the award.

Note 3: If the deliverables required in the base period are completed early, the start date of the option periods will be shifted forward via modification and Option Period I will be exercised accordingly.

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

Period Start Date End Date Option Period 1 June 21July 24, 20276 June 20July 23, 20287 Option Period 2 June 21July 24, 20287 June 20July 23, 20298 Option Period 3 June 21July 24, 20298 June 20July 23, 203029 Option Period 4 June 21July 24, 203029 June 20July 23, 20310 Option Period 5 June 21July 24, 20310 June 20July 23, 20321

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

F.5 NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005)

Following is a schedule of deliverables, including administrative deliverables, required during the period of performance (POP) of this contract. Any deliverables, enrollments, or notifications required by clauses and contract language incorporated into the contract apply, regardless of inclusion or exclusion from the below list:

Reference

Deliverable

Time

Medium/ Format/ # of Copies

Submit To

PWS Section 5.4.1

Project Management Plan 45 days after award Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.4.2

Project Monthly Progress Report One (1) month after award and every one (1) month thereafterMonthly 15 days after the end of each month

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.32, 6.1

RTA Preliminary Design Review 13 weeks after awardTo be identified upon Award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.2.3, 6.1

RTF Preliminary Design Review 13 weeks after awardTo be identified upon Award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.32, 6.2

RTA Critical Design Review 26 weeks after awardTo be identified upon Award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.2.3, 6.2

RTF Critical Design Review 26 weeks after awardTo be identified upon award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.32

RTA Factory Test Review 26 weeks before the end of base POP78 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.4.3

System Operations Manual 24 weeks before the end of base POP80 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.4.3

System Drawings and Diagrams 24 weeks before the end of base POP80 weeks after award

Electronic / AutoCAD or PDF

COR/PM

PWS Section 5.4.3

Interface Control Documentation 24 weeks before the end of base POP80 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.4.3

Maintenance Schedule and Instructions

24 weeks before the end of base POP80 weeks after award

Electronic / PDF or

PWS Section 5.1.32

RTA Factory Test Report 22 weeks before the end of base POP82 weeks after award

Electronic PDF or MS Office Format

COR/PM

PWS Section 5.5.1

Annual Support Agreement 20 weeks before the end of base POP84 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.4.3

Delivery of System Test Procedures 16 weeks before the end of base POP88 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.3.3

RTA/RTF Integrated Test Readiness Review

12 weeks before the end of base POP92 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.4.4

Modifiable software source code and related documentation

4 weeks before the end of base POP100 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.4.5

Training Materials & Documentation 4 weeks before the end of base POP100 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.19

Software Application Programming Interface (API) documentation

4 weeks before the end of base POP100 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.27

RTA Antenna Pattern Report End of base POP104 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.28

RTA System Calibration Report End of base POP104 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.29

RTA System Calibration Procedures End of base POP104 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.30

RTA Radiation Hazard Report End of base POP104 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.31

RTA Radiation Emission Report End of base POP104 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.3.3

RTA/RTF Integrated System Test Report

End of base POP104 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.3.1

Deliver the integrated RTA within the

RTF

End of base POP104 weeks after award

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.4.5

Conduct the training of the RTA/RTF operations and maintenance (including delivering training materials)

End of base POP104 weeks after award

In-person with media selected by vendor

COR/PM

PWS Section 5.1.26, 5.2.26, 5.4.3

Rights and ownership turned over to the Government (all necessary legal documentation)

End of base POP104 weeks after award

Electronic / PDF or

Solicitation Section I

FAR 52.203-7 Anti-Kickback procedures

Upon Contract Award or New Hire (Violation Discovery Only)

Electronic / PDF or MS Office Format

CO

Solicitation Section I

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

Per Clause Database Online

Solicitation Section I

% FAR 52.222-8 Payroll and Basic Records

% Included with Invoice Submission (Construction Only)

Electronic / PDF or MS Office Format

COR

Solicitation Section I

FAR 52.222.37 Vets-4212 Report Annual Database Online

Solicitation Section I

FAR 52.222.54 Employment Eligibility Verification

30 Days After Contract Award

E-Verify Database COR

Solicitation Section I

FAR 52.228-15 Performance and Payment Bonds-Construction

10 Days after Contract Award

Per Clause CO

Solicitation Section I

FAR 52.236-7 Permits and Responsibilities

10 Days after Contract Award

Per Clause CO

Solicitation Section F

FAR 52.236-15 Construction Schedule (Final)

5 Days after work commences

Per Clause CO

Solicitation Section H

CAR 1352.209-72 Restrictions Against Disclosure

Upon Contract Award (Violation Discovery Only)

Electronic / PDF or MS Office Format

CO

Solicitation Section G

CAR 1352.237-74 Progress Reports One (1) month after award and every one (1) month thereafter

Electronic / PDF or MS Office Format

COR/PM

Solicitation Section H

CAR 1352.237-75 Key Personnel 15 Days Prior to Any Changes

Electronic / PDF or MS Office Format

CO

Solicitation Section L

CAR 1352.242-70 Postaward Conference

15 Days After Award Virtual (Google Meet preferred)

N/A

Solicitation Section H

NAM 1330-52.222-70 NOAA Sexual Assault and Harassment Prevention and Response Training

30 Days After Award, evidence provided within 10 business days of completion and every one (1) year following by March 1st of each calendar year of contract performance

Electronic / PDF or

CO

F.6 OBSERVANCE OF LEGAL HOLIDAYS

(a) The Contractor hereby agrees to observe the following Federal, not including American Samoa, holidays, plus any other day off work designated by Federal Statute, by Executive Order, or by Presidential proclamation:

New Year’s Day Labor Day Martin Luther King’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Day Independence Day

Christmas Day

(b) In addition to the days designated as holidays, the Government observes the following days:

(1) Any other day designated by Federal Statute

(2) Any other day designed by Executive Order

(3) Any other day designed by the President’s Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel are authorized by the Government to work during the holiday at the government site, they may be reimbursed by the Contractor; however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

(d) When the Federal entities grant excused absence to its employees, the Contractor agrees to continue to provide sufficient personnel at a government site to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the COR or the CO.

(e) If Government personnel are furloughed, the Contractor shall contact the Task Manager or the COR to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

(1) Contractor personnel that are able to continue contract performance (either on-site or at a site other than their normal work station), shall continue to work and the contract price shall not be reduced or increased.

(2) Contractor personnel that are not able to continue contract performance (e.g., support functions), may be asked to cease their work effort.

(f) In those situations that Government personnel are furloughed, the Contractor may not invoice for their employees working during the Government furlough, until such time as any special legislation affecting Government personnel is signed into law.

(g) When any holiday falls on a Saturday, the preceding Friday is observed; when any holiday falls on a Sunday, the following Monday is observed. All personnel assigned to this contract shall limit their observation of holidays to those set forth above.

F.7 CPARS REGISTRATION

The value of this procurement requires that the winning vendor be registered in the Contractor Performance Assessment and Reporting System (CPARS). Registration within 30 days of contract award is required.

F.8 NOVATION AGREEMENT FOR ACQUIRING CERTAIN INFORMATION TECHNOLOGY (SEPT

2015)

(1) "Novation agreement" means a legal instrument-(a) Executed by the--(i) Contractor (transferor); (ii) Successor in interest (transferee); and (iii) Government; and (b) By which, among other things, the transferor guarantees performance of the contract, the transferee assumes all obligations under the contract, and the Government recognizes the transfer of the contract and related assets. (FAR 2.101 -Definitions).

(2) The Department may in its interest recognize a successor in interest. The Offeror and or subsequent awardee(s) agree as a condition of this contract, that any novation considered and recognized by the Department shall be subject to SCRA requirements, including "Notice of Supply Chain Risk Assessment (Sept 2015)," "Non Destructive and Destructive

Testing (Sept 2015)," "Supply Chain Risk Assessment Information (Sept 2015)," and "Evaluation of Supply Chain Risk Assessment Information (Sept 2015)."

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

CAR 1352.201-70 Contracting Officer's Authority (APR 2010)

G.2 CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010)

(a) (To Be Designated by Letter Upon 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 Upon 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.

G.3 CAR 1352.237-74 PROGRESS REPORTS (APR 2010)

The contractor shall submit, to the Government, a progress report one (1) month after the effective date of the contract, and every one (1) month thereafter during the period of performance. The contractor shall deliver progress reports that summarize the work completed during the performance period, the work forecast for the following period, and state the names, titles and number of hours expended for each of the contractor's professional personnel assigned to the contract, including officials of the contractor. The report shall also include any additional information - including findings and recommendations - that may assist the Government in evaluating progress under this contract. The first report shall include a detailed work outline of the project and the contractor's planned phasing of work by reporting period.

G.4 NAM 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (Feb 2023)

The Contractor must submit payment requests electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

“Payment request” means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232-25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)).

The Contractor must include the following documents as attachments to payment requests submitted through the IPP:

● Payrolls for construction (as applicable) in accordance with FAR 52.222-8 Payrolls and Basic Records.

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications https://www.ipp.gov/ infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing.

Contact the Contracting Officer for more information about requesting an exception.

G.5 1330-52.242-70 SUBMITTAL OF INVOICES (FEB 2011)

The contractor shall prepare and submit an invoice to the COR for approval in accordance with NAM 1330-52.232-71 Electronic Submission of Payment Requests [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.

To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies.

If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

CAR 1352.208-70 Restrictions on printing and duplicating (APR 2010) CAR 1352.209-72 Restrictions against disclosure (APR 2010) CAR 1352.209-73 Compliance with the laws (APR 2010) CAR 1352.209-74 Organizational conflict of interest (APR 2010) CAR 1352.228-72 Deductibles Under Required Insurance Coverage – Fixed Price (APR 2010)

@ CAR 1352.231-71 Duplication of effort (APR 2010) CAR 1352.237-71 Security processing requirements – high or moderate risk contracts (APR 2010) CAR 1352.239-72 Security requirements for information technology resources (APR 2010)

H.2 CAR 1352.228-70 INSURANCE COVERAGE (APR 2010)

(a) Workers Compensation and Employer's Liability. The contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General liability.

(1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $0.00.

(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

H.3 CAR 1352.237-75 KEY PERSONNEL (APR 2010)

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

1. Program Manager – To be identified at contract award

2. Construction Project Manager – To be identified at contract award

3. Radar Systems Engineer – To be identified at contract award

4. Software Systems Engineer – To be identified three (3) months prior to commencement of Task 5

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions.

Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

H.4 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.

H.5 NAM 1330-52.208-70 SUBCONTRACTING WITH ABILITYONE NONPROFIT ORGANIZATIONS (DEC

2022)

NOAA recognizes and appreciates the value and talent that people with disabilities bring to our workplaces. The Committee for Purchase From People Who Are Blind or Severely Disabled (AbilityOne Program) is one of the United States’ largest sources of employment for people who are blind or have significant disabilities, employing more than 40,000 individuals, including approximately 2,500 veterans. Approximately 450 nonprofit organizations employ these individuals who provide quality products and services to the Federal Government totaling nearly $4 billion each year.

Contracting with AbilityOne nonprofit organizations provides veterans and individuals who are blind or have significant disabilities more opportunities to work, lead independent lives, serve in their communities, and contribute to the strength of our Nation’s economy.

This contract action is identified as including opportunities for subcontracting. The statutory obligation for Government agencies to satisfy their requirements for supplies or services available from the AbilityOne Program also applies when contractors purchase the supplies or services for Government use. For this contract action:

☒ A subcontracting plan is required. The contractor shall include AbilityOne as a separate goal on the subcontracting plan. This line must be reported in the Electronic Subcontracting Reporting System (eSRS) under Large Business.

AbilityOne will give Other Than Small Business credit on subcontracting plans.

☐ A subcontracting plan is not required. The contractor should consider subcontracting with AbilityOne nonprofit organizations to the maximum extent practicable and allowable consistent with other statutory and regulatory requirements applicable to the acquisition.

To engage with an AbilityOne Contractor (Non-Profit Agency) for subcontracting opportunities, the prime contractor should include the following information in an email to primecontractor@abilityone.org:

a) Solicitation number

b) Copy of the performance work statement or scope of work

c) Identification of work that will be set aside for AbilityOne

d) Estimated annual value of work for AbilityOne

e) Prime contractor point of contact email address, phone number, name, and title

H.6 NAM 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND

RESPONSE POLICY (MAY 2018)

In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy, it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NOAA prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for NOAA.

(a) Definitions.

Contractor Employees - The term “contractor employees,” as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members.

Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S.

Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim.

Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true:

● Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment;

● Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

● The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient’s sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures.

(b) Requirements.

1. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment.

2. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor.

3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the Contracting Officer’s Representative (COR), subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6,.07, Reporting from Remote Locations.

a. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants’ needs are addressed.

b. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor’s written policy (where applicable).

4. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within thirty (30) business days of contract award or the date a contractor employee is assigned to perform under the contract, as applicable.

Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion.

Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance.

i. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA’s Workplace Violence Program Manager. A link to the website including the required elements of the training is provided at:

http://www.ago.noaa.gov/quicklinks/harassment_training.html. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed.

ii. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training.

iii. NOAA’s Workplace Violence Program Manager, COR, or CO may periodically review the contractor’s training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor.

iv. Contractor employees performing on assignments in a remote location, such as at a field camp or…