1305M323RNRMJ0016 SF1442.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

This is a Design-Build Project for a new Cooperative Science Center Facility located at the Mauna Loa Atmospheric Baseline Observatory (MLO) site, Hawaii.

STANDARD FORM 1442 (REV. )

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

1305M323RNRMJ0016

WESTERN ACQUISITION DIVISION

325 BROADWAY, SOU6

BOULDER CO 80305

WESTERN ACQUISITION DIVISION

325 BROADWAY, SOU6

BOULDER CO 80305

NR-MJ1000-23-00468

AJ730004

REMO DELA-CRUZ 720-230-6623 remo.dela-cruz@noaa.gov

1 65

AUG 14, 2023

10:00 AM MT

FAR 52.211-10

AJ730004

8/2014

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( )

20b. SIGNATURE 20c. OFFER DATE

STANDARD FORM 1442 (REV. ) BACK1305M323RNRMJ0016 8/2014

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Design Cooperative Science Center

Contractor shall provide all design effort, work, planning, labor, materials, equipment, permits, transportation and performance of all operations necessary to perform the work described in accordance with the Statement of Work and project specifications.

Pricing Arrangement: Firm-Fixed-Price

Period of Performance: 09/01/2023 to 08/31/2025

1.00 JB

OPT

0002 Build Cooperative Science Center

Contractor shall provide all design effort, work, planning, labor, materials, equipment, permits, transportation and performance of all operations necessary to perform the work described in accordance with the Statement of Work and project specifications.

Pricing Arrangement: Firm-Fixed-Price

Period of Performance: 09/01/2023 to 08/31/2025

1.00 JB

OPT

0003 Leadership in Energy and Environmental Design (LEED)

Silver Certification

Contractor shall provide all design effort, work, planning, labor, materials, equipment, permits, transportation and performance of all operations necessary to perform the work described in accordance with the Statement of Work and project specifications.

Pricing Arrangement: Firm-Fixed-Price

Period of Performance: 09/01/2023 to 08/31/2025

1.00 JB

OPT

0004 Provide and Install Roof-Mounted Photovoltaic System with Solar Panels

Contractor shall provide all design effort, work, planning, labor, materials, equipment, permits, transportation and performance of all operations necessary to perform the work described in accordance with the Statement of Work and project specifications.

Pricing Arrangement: Firm-Fixed-Price

Period of Performance: 09/01/2023 to 08/31/2025

1.00 JB

OPT

0005 Conductive Concrete for the Cooperative Science Center

Mat Slab Foundation

Contractor shall provide all design effort, work, planning, labor, materials, equipment, permits, transportation and performance of all operations necessary to perform the work described in accordance with the Statement of Work and project specifications.

Pricing Arrangement: Firm-Fixed-Price

Period of Performance: 09/01/2023 to 08/31/2025

1.00 JB

PAGE 3 OF 65 1305M323RNRMJ0016

1305M323RNRMJ0016 Page 4 of 65

Table of Contents

PART 1 – THE SCHEDULE

SECTION A: STANDARD FORM (SF) 1442

SECTION B: SUPPLIES OR SERVICES AND PRICE/COSTS

B.1. GENERAL

B.2. CONTRACT PRICING

B.3. DISCLOSURE OF MAGNITUDE

B.4. BID GUARANTEE AND PERFORMANCE AND PAYMENT BONDS

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D: PACKAGING AND MARKING

SECTION E: INSPECTION AND ACCEPTANCE

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

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

E.3. RESPONSIBILITY FOR INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES OR PERFORMANCE

F.1. FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984)

F.2. ADDENDUM TO FAR 52.236-15 SCHEDULES FOR CONSTRUCTION

CONTRACTS (AUG 1984)

F.3. CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

F.4. NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005)

F.5. OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

F.6. CPARS REGISTRATION

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR

2010) 15

G.2. CAR 1352.237-74 PROGRESS REPORTS (APR 2010)

G.3. NAM 1330-52.232-72 NOAA TRANSITION TO THE INVOICE PROCESSING

PLATFORM ELECTRONIC INVOICING SYSTEM (FEB 2023)

G.4. NAM 1330-52.242-70 SUBMITTAL OF INVOICES (FEB 2011)

G.5. ADDENDUM TO NAM 1330-52.242-70 SUBMITTAL OF INVOICES

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. CAR 1352.228-70 INSURANCE COVERAGE (APR 2010)

H.2. NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT

RESTRICTIONS (OCT 2015)

1305M323RNRMJ0016 Page 5 of 65

H.3. NAM 1330-52.208-70 SUBCONTRACTING WITH ABILITYONE NONPROFIT

ORGANIZATIONS (DEC 2022)

H.4. NAM 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARRASSMENT

PREVENTION AND RESPONSE POLICY (MAY 2018)

H.5. NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS

H.6. NAM 1330-52.237-71 NOAA GOVERNMENT-CONTRACTOR RELATIONS – NON-

PERSONAL SERVICES CONTRACT (SEPT 2017)

H.7. NAM 1330-52.237-72 CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)

H.8. NAM 1330-52.243-70 REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017) .. 26

H.9. NAM 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE

OMBUDSMAN (OCT 2016)

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1. FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACT

INFORMATION SYSTEMS (NOV 2021)

I.2. FAR 52.217-7 OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED

LINE ITEM (MAR 1989)

I.3. FAR 52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS (OCT 2022)

I.4. FAR 52.228-11 INDIVIDUAL SURETY-PLEDGE OF ASSETS (FEB

2021)(DEVIATION APR 2020)

I.5. FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS-CONSTRUCTION (JUN

2020)(DEVIATION APR 2020)

I.6. FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)(DEVIATION APR 2020)

I.7. FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

SECTION J – LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

K.1. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

K.2. FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

K.3. FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018) 51

1305M323RNRMJ0016 Page 6 of 65

K.4. FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2020)

K.5. FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (NOV 2021)

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS OR

RESPONDENTS

L.1. FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

L.2. FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

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

ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) . 56

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

L.5. FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006)

L.6. FAR 52.236-27 SITE VISIT CONSTRUCTION (FEB 1995)

L.7. CAR 1352.215-70 PROPOSAL PREPARATION

L.8. CAR 1352.215-72 INQUIRIES

L.9. CAR 1352.233-70 AGENCY PROTESTS (APR 2010)

L.10. CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR

2010) 62

SECTION M – EVALUATION FACTORS FOR AWARD

M.1. CAR 1352.215-74 BEST VALUE EVALUATION

M.2. CAR 1352.215-75 EVALUATION CRITERIA

1305M323RNRMJ0016 Page 7 of 65

PART 1 – THE SCHEDULE

SECTION A: STANDARD FORM (SF) 1442

See Pages 1 – 3

1305M323RNRMJ0016 Page 8 of 65

SECTION B: SUPPLIES OR SERVICES AND PRICE/COSTS

B.1. GENERAL

The contractor shall provide all design effort, work, planning, labor, materials, equipment, permits, transportation and performance of all operations necessary to construct a new Cooperative Science Center Facility. The National Oceanic and Atmospheric Administration (NOAA) solicitation 1305M323RNRMJ0016 is hereby issued as a total small business set-aside in accordance with Federal Acquisition Regulation (FAR) Part 15. The North American Industry Classification System (NAICS) code for this acquisition is 236220 – Commercial and Institutional Building Construction.

The contract includes optional items to be priced separately, as identified in the SF-1442.

Notice to offerors: Funds are not presently available for this effort. No award will be made under this solicitation until the funds are available. The Government reserves the right to cancel this solicitation either before or after the closing date of this solicitation. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

B.2. CONTRACT PRICING

See Section B – Schedule in the SF 1442.

B.3. DISCLOSURE OF MAGNITUDE

In accordance with FAR 36.204(f) the disclosure of magnitude is between $1,000,000 and $5,000,000.

B.4. BID GUARANTEE AND PERFORMANCE AND PAYMENT BONDS

All offerors must furnish a bid guarantee in accordance with FAR 52.228-1.

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.

1305M323RNRMJ0016 Page 9 of 65

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

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

1305M323RNRMJ0016 Page 10 of 65

SECTION D: PACKAGING AND MARKING

This section is intentionally left blank.

1305M323RNRMJ0016 Page 11 of 65

SECTION E: INSPECTION AND ACCEPTANCE

The following clauses and contract language are incorporated by reference:

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

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

FAR Clauses: https://www.acquisition.gov/far

CAR Clauses: https://www.acquisition.gov/car

FAR FEDERAL ACQUISITION REGULATION DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

52.246-13 INSPECTION-DISMANTLING, DEMOLITION,

OR REMOVAL OF IMPROVEMENTS

AUG 1996

The following clauses and contract language are incorporated by full text:

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:

Mauna Loa Observatory

1437 Kilauea Avenue #102 Hilo, HI 96720

E.3. 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 - Statement of Work.

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.

1305M323RNRMJ0016 Page 12 of 65

SECTION F – DELIVERIES OR PERFORMANCE

52.236-15 SCHEDULES FOR CONSTRUCTION

CONTRACTS

APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

The following clauses and contract language are incorporated by full text:

F.1. 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 (NTP), (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 730 calendar days after receipt of the NTP. The time stated for completion shall include final cleanup of the premises.

F.2. 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.3. CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The base period of performance of this contract is from September 1, 2023 (estimated) through August 31, 2025 (estimated). If an option is exercised, the period of performance shall be extended through the end of that option period.

1305M323RNRMJ0016 Page 13 of 65

F.4. NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005)

Description Qty Due Deliver

To Reference(s)

Anti-kickback Procedures 1 Prompt reporting of possible violations

CO FAR 52.203-7

Reporting Executive Compensation and First-Tier Subcontract Awards

1 Per Clause Online FAR 52.204-10

Audit and Records 1 Per Clause CO FAR 52.215-2 Performance and Payment Bonds 1 10 days after award CO FAR 52.228-15

Payrolls and Basic Records 1 Weekly CO and

COR

FAR 52.222-8

Employment Reports – Veterans 1 Per Clause CO FAR 52.222-37 Permits 1 10 days after award CO FAR 52.236-7

Vets – Report 1 Annually Online

FAR 52.204-8

FAR 52.222-37

Insurance Certificate 1 10 days after award CO

CAR 1352.228-

Restrictions Against Disclosure 1 Upon Contract Award

CO

CAR 1352.209-

Progress Reports 1 Monthly CO

CAR 1352.237-

Construction Schedule - Final 1 5 days after work commences

CO FAR 52.236-15

NOAA Sexual Assault and Harassment Prevention and Response Training

1 Per Clause CO and

COR

NAM 1330-

52.222-70

Employment Eligibility Verification

1 Per Clause Online FAR 52.222-54

F.5. OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

(a) The Government hereby provides notification that Government personnel observe the listed days as holidays:

(1) New Year’s Day (7) Labor Day

(2) Martin Luther King’s Birthday (8) Columbus Day

(3) President’s Day (9) Veteran’s Day

(4) Memorial Day (10) Thanksgiving Day

(5) Juneteenth (11) Christmas Day

(6) Independence 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

1305M323RNRMJ0016 Page 14 of 65

(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 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 contract shall limit their observation of holidays to those set forth above.

F.6. 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.

1305M323RNRMJ0016 Page 15 of 65

SECTION G – CONTRACT ADMINISTRATION DATA

CAR COMMERCE ACQUISITION REGULATION DATE

1352.201-70 CONTRACTING OFFICER’S AUTHORITY APR 2010

G.1. CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(APR 2010)

(a) To be determined by separate letter at time of award is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract.

The COR is located at:

To be determined by separate letter at time of award

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

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

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions.

Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

G.2. CAR 1352.237-74 PROGRESS REPORTS (APR 2010)

The contractor shall submit, to the Government, a progress report every 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.

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G.3. NAM 1330-52.232-72 NOAA TRANSITION TO THE INVOICE PROCESSING

PLATFORM ELECTRONIC INVOICING SYSTEM (FEB 2023)

Beginning October 1, 2023, when NOAA implements the Department of Commerce Business Applications Solution, the Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform (the IPP) System. 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)). All supporting documents required by the Contracting Officer must be included as attachments to payment requests submitted through the

IPP.

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 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.4. NAM 1330-52.242-70 SUBMITTAL OF INVOICES (FEB 2011)

The contractor shall prepare and submit an invoice to the COR for approval [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.

G.5. ADDENDUM TO NAM 1330-52.242-70 SUBMITTAL OF INVOICES

Invoices shall be submitted with an original signature to the COR for approval, i.e., a certification by a Contractor official authorized to bind the Contractor, no more than once a month. Payments shall be based upon measurable or quantifiable performance.

a. The invoice shall be submitted to the COR identified in the COR appointment letter.

1305M323RNRMJ0016 Page 17 of 65

b. The invoice shall show the amount requested and shall be stamped “original”.

c. The invoice should include the total charges and include the following information:

1. Name and address of the Contractor;

2. Invoice date and number;

3. Contract number;

4. Contract line item number and description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed;

5. Where applicable, shipping and payment terms;

6. Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice; and

7. Any other information or documentation required by other requirements of the contract.

1305M323RNRMJ0016 Page 18 of 65

SECTION H – SPECIAL CONTRACT REQUIREMENTS

CAR COMMERCE ACQUISITION REGULATION DATE

1352.208-70 RESTRICTIONS ON PRINTING AND

DUPLICATING

APR 2010

1352.209-72 RESTRICTIONS AGAINST DISCLOSURE APR 2010

1352.209-73 COMPLIANCE WITH THE LAWS APR 2010

1352.209-74 ORGANIZATIONAL CONFLICT OF

INTEREST

APR 2010

1352.228-72 DEDUCTIBLES UNDER REQUIRED

INSURANCE COVERAGE – FIXED PRICE

APR 2010

1352.237-71 SECURITY PROCESSING REQUIREMENTS –

LOW RISK CONTRACTS

APR 2010

H.1. 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.

(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

1305M323RNRMJ0016 Page 19 of 65 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.2. 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.3. 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.

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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.4. NAM 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL

HARRASSMENT 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.

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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.

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

5. 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).

6. 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

1305M323RNRMJ0016 Page 22 of 65 thereafter. The initial training shall be completed within 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.

7. 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 https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial. 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.

8. 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.

9. 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.

10. Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of NAO 202-1106.

11. The contractor shall provide a copy of this solicitation and contract language and NAO 202-1106 to contractor employees.

(c) Sexual Assault/Sexual Harassment (SASH) Helpline.

For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee.

All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week.

The NOAA SASH helpline is accessible through a variety of channels, including:

Phone: 1-866-288-6558 Website & Online Chat: https://www.noaasashhelpline.org/

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Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores) Text: (202) 335-0265

(d) Confidentiality.

Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. “Confidentiality” means that the information shall only be shared with others who have a need to know the information to conduct their official duties.

(e) Remedies.

In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in:

1. Requiring the contractor to remove a contractor employee or employees from the performance of the contract;

2. Requiring the contractor to terminate a subcontract;

3. Suspension of contract payments until the Contractor has taken appropriate remedial action;

4. Termination of the contract for default or cause, in accordance with the termination clause of this contract;

5. Suspension or debarment; or

6. Other appropriate action.

H.5. NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS

(a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when:

Included in NOAA’s locator, and When submitting any type of electronic correspondence to any NOAA employee or stakeholder.

(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.

(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.

H.6. NAM 1330-52.237-71 NOAA GOVERNMENT-CONTRACTOR RELATIONS –

NON-PERSONAL SERVICES CONTRACT (SEPT 2017)

(a) The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services as defined in FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the

1305M323RNRMJ0016 Page 24 of 65 contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

1. Be placed in a position where they are under relatively continuous supervision and control of a Government employee.

2. Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other contractors performing under other NOAA contracts.

(c) The services to be performed under this contract do not require the contractor or the contractor’s personnel to exercise personal judgement and discretion on behalf of the Government. Rather, the contractor’s personnel will act and exercise personal judgement and discretion on behalf of the contractor.

(d) Rules, regulations, directives, and requirements that are issued by the Department of Commerce and NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(e) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies:

1. The contractor shall notify the contracting officer in writing within 5 business days from the date of any situation or occurrence where the contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance.

2. The contracting officer will review the information provided by the contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the contractor. The contracting officer’s response will provide a decision on whether the contracting officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue.

H.7. NAM 1330-52.237-72 CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT

2017)

(a)

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1. The performance of this contract requires employees of the prime contractor or its subcontractors, affiliates, consultants, or team members (“contractor employees”) to have access to and to the extent authorized, mobility within, a NOAA facility.

2. NOAA may close and or otherwise deny contractor employees access to a NOAA facility for a portion of a business day or longer for various reasons including, but not limited, to the following events:

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

6103;

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

iii. Occupational safety or health hazards;

iv. Lapse in Appropriations; or

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

3. In such events, the contractor employees may be denied access to a NOAA facility that is ordinarily available for the contractor to perform work or make delivery, as required by the contract.

(b) In all instances where contractors are denied access or required to vacate a NOAA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, either directly or through the Contracting Officer’s Representative (COR), which could include continuing on-site performance during the NOAA facility closure period; however, if Government oversight is required and is not available, on-site performance shall not be allowed. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts, for example, performing required work off- site if possible or reassigning personnel to other activities if appropriate.

(c) The contractor shall be responsible for monitoring the Office of Personnel Management at opm.gov, the local radio, television stations, NOAA web sites, and other communication channels. Once the facility is accessible, the contractor shall resume contract performance as required by the contract.

(d) For the period that NOAA facilities were not accessible to contractors who required access in order to perform the services, the contracting officer may—

1. Adjust the contract performance or delivery schedule for a period equivalent to the period the NOAA facility was not accessible;

2. Forego the work; or

3. Reschedule the work by mutual agreement of the parties.

(e) Notification procedures of a NOAA facility closure, including contractor denial of access, are as follows:

1. The contractor shall be responsible for notification of its employees of the NOAA facility closure to include denial of access to the NOAA facility.