Sol_1305M324Q0059.pdf

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Attached to
Binghampton WFO Landscaping Services Federal contract opportunity
Solicitation number
1305M324Q0059
Issued by
Department of Commerce National Oceanic and Atmospheric Administration

About this file

This is a combined synopsis and solicitation for non-personal landscaping services at the Binghampton Weather Forecast Office in Johnson City, New York. The solicitation is a total small business set-aside with a NAICS code of 561730 and a small business size standard of $9.5 million. Quotes are due by January 19, 2024 at 12:00pm EST and the government intends to award a firm-fixed price purchase order. The incumbent contract was awarded to Northern Defense Services for an aggregate of $58,200. The solicitation requires landscaping and grounds maintenance services at the weather forecast office location in accordance with the attached statement of work, for a base year and four option years. Invoices will be billed monthly in arrears.

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COMBINED SYNOPSIS/SOLICITATION

Non-personal landscaping services for Binghampton Weather Forecast Office (WFO) located in Johnson City, NY

(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number 1305M324Q0059.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-06 (DEC 2023) (Deviation 2024-06) (JAN 2024).

(IV) This solicitation is being issued as a total Small Business Set-Aside. The associated NAICS code is 561730. The small business size standard is $9.5 million.

(V) This combined solicitation/synopsis is for purchase of the following commercial services:

CLIN 0001 – Base Year Quantity: 12 Unit: Months Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance at the Binghampton Weather Forecast Office (WFO) in Johnson City, NY, in accordance with the Statement of Work. Period of Performance 02/01/2024 through 01/31/2025.

Unit Price (per month): _____________ 12-month Annual Price: _________________

CLIN 1001 – Option Year 1 Quantity: 12 Unit: Months Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance at the Binghampton Weather Forecast Office (WFO) in Johnson City, NY, in accordance with the Statement of Work. Period of Performance 02/01/2025 through 01/31/2026.

Unit Price (per month): _____________ 12-month Annual Price: _________________

CLIN 2001 – Option Year 2 Quantity: 12 Unit: Months Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance at the Binghampton Weather Forecast Office (WFO) in Johnson City, NY, in accordance with the Statement of Work. Period of Performance 02/01/2026 through 01/31/2027.

Unit Price (per month): _____________ 12-month Annual Price: _________________

CLIN 3001 – Option Year 3 Quantity: 12 Unit: Months Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance at the Binghampton Weather Forecast Office (WFO) in Johnson City, NY, in accordance with the Statement of Work. Period of Performance 02/01/2027 through 01/31/2028.

Unit Price (per month): _____________ 12-month Annual Price: _________________

CLIN 4001 – Option Year 4 Quantity: 12 Unit: Months

Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance at the Binghampton Weather Forecast Office (WFO) in Johnson City, NY, in accordance with the Statement of Work. Period of Performance 02/01/2028 through 01/31/2029.

Unit Price (per month): _____________ 12-month Annual Price: _________________

Aggregate Total for All Years: ____________________

(VI) Description of requirements is as follows:

See attached Statement of Work, which applies to Base Year and all Option Years 1 – 4, and Department of Labor Wage Rates: WD 2015-4145, Revision No. 24, dated 12/26/2023, which can be found on:

https://sam.gov/content/wage-determinations

INVOICES TO BE BILLED MONTHLY IN ARREARS. PROVIDE MONTHLY AND ANNUAL

PRICING FOR EACH BASE AND OPTION YEAR. QUOTE PRICING MAY BE PROVIDED ON

ATTACHED SF18 FORM OR ON COMPANY LETTERHEAD.

(VII) Date(s) and place(s) of delivery and acceptance:

Period of performance shall be:

Base Year for a twelve month period 02/01/2024 through 01/31/2025 Option Year 1 for a twelve month period 02/01/2025 through 01/31/2026 Option Year 2 for a twelve month period 02/01/2026 through 01/31/2027 Option Year 3 for a twelve month period 02/01/2027 through 01/31/2028 Option Year 4 for a twelve month period 02/01/2028 through 01/31/2029

Place of Performance is 32 Dawes Drive, Johnson City, NY 13790.

(VIII) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

(IX) Quotes are required to be received in the contracting office no later than 12:00PM MST/MDT on January 19, 2024. All quotes must be submitted electronically via email to stephanie.mas@noaa.gov.

(X) Any questions regarding this solicitation should be submitted electronically via email to stephanie.mas@noaa.gov.

UTILIZATION OF FEDCONNECT® FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net.

There is no charge for registration in or use of FedConnect®.

(End) https://sam.gov/content/wage-determinations

1305M324Q0059

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

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

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

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

01/04/2024

1 69

325 BROADWAY, SOU6

BOULDER CO 80305

WAD-SAP

BINGHAMTON WFO NEW YORK /

32 DAWES DRIVE

JOHNSON CITY

NY 13790

303 578-6768STEPHANIE MAS

01/19/2024 1200 MS

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

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

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

1305M324Q0059 BASE

Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses Section X - List of Attachments

Section II - Supplies or Services and Price/Costs

CLIN List

Item Number Description Quantity Unit Unit Price Amount

0001 12 MO

Base Year Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance at the Binghampton Weather Forecast Office (WFO) in Johnson City, NY, in accordance with the Statement of Work.

Period of Performance 02/01/2025 through 01/31/2026.

Award Type: Firm-fixed-price Product/Service Code: S208 Period of Performance: 02/01/2024 to 01/31/2025

1001 12 MO

Option Year 1 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance at the Binghampton Weather Forecast Office (WFO) in Johnson City, NY, in accordance with the Statement of Work.

Period of Performance 02/01/2025 through 01/31/2026.

Award Type: Firm-fixed-price

(Option Line Item)

Anticipated Exercise Date: 01/17/2025 Product/Service Code: S208 Period of Performance: 02/01/2025 to 01/31/2026

2001 12 MO

Option Year 2 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance at the Binghampton Weather Forecast Office (WFO) in Johnson City, NY, in accordance with the Statement of Work.

Period of Performance 02/01/2026 through 01/31/2027.

Award Type: Firm-fixed-price

(Option Line Item)

Item Number Description Quantity Unit Unit Price Amount

Anticipated Exercise Date: 01/17/2026 Product/Service Code: S208 Period of Performance: 02/01/2026 to 01/31/2027

3001 12 MO

Option Year 3 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance at the Binghampton Weather Forecast Office (WFO) in Johnson City, NY, in accordance with the Statement of Work.

Period of Performance 02/01/2027 through 01/31/2028.

Award Type: Firm-fixed-price

(Option Line Item)

Anticipated Exercise Date: 01/17/2027 Product/Service Code: S208 Period of Performance: 02/01/2027 to 01/31/2028

4001 12 MO

Option Year 4 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for landscape maintenance at the Binghampton Weather Forecast Office (WFO) in Johnson City, NY, in accordance with the Statement of Work.

Period of Performance 02/01/2028 through 01/31/2029.

Award Type: Firm-fixed-price

(Option Line Item)

Anticipated Exercise Date: 01/17/2028 Product/Service Code: S208 Period of Performance: 02/01/2028 to 01/31/2029

Section III - Description/Specifications

Statement of Work (SOW)

National Oceanic and Atmospheric Administration (NOAA) National Weather Service (NWS) Binghampton Weather Forecast Office (WFO)

SCOPE OF WORK:

A. The project site consists of approximately 1 acre, parts of which are occupied by buildings, walks, and other paved surfaces.

B. All work performed under this contract is required to meet the quality and performance standards as identified. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform Landscape Maintenance for the Binghampton Weather Forecast Office. Work shall be in a manner that will maintain healthy grass, shrubs, and plants, and present a neat and professional appearance.

C. If services cannot be performed due to inclement weather, the Contractor shall perform any and all scheduled services the next duty day with no degradation to existing scheduled services.

SUPPLIES, MATERIALS, EQUIPMENT AND UTILITIES:

A. Government Furnished:

1. Electrical power shall be provided at existing exterior receptacles for the Contractor to operate their equipment, as necessary, in the performance of this contract.

B. Contractor Furnished:

1. The Contractor shall furnish all supplies, materials, and employee training necessary to achieve the quality performance standards of the work in this contract, unless otherwise specified herein.

a. Training shall include all applicable OSHA and other related standards. The Contractor shall submit all Material Safety Data Sheets (MSDS) for any materials used under this contract containing "dangerous" or "warning" labels to the COTR within 10 days after contract award date.

2. (2) The Contractor shall furnish all equipment necessary to accomplish the work under this contract. All equipment must meet all applicable OSHA standards. The Contractor shall not use any unsafe equipment or any equipment in need of repair.

CONTRACTOR PERSONNEL:

A. Within five days of the contract start date, the Contractor shall submit, in writing, the name of the Site Manager. The Contractor shall supply telephone, cell phone, and/or pager numbers to the Technical Point of Contact (TPOC) for use in contacting the Site Manager. The Site Manager shall conduct overall management coordination and shall be the central point of contact with the Government for performance of all work under this contract. The Site Manager shall be authorized to receive any notices of deficiency in contract performance. The notices may include, but not be limited to, the following:

non-performance of work, deficiencies in work performed and notices of proposed payment deductions due to the above. The Site Manager shall be available weekdays, between the hours of 8:00 a.m. and 3:00 p.m. within 30 minutes to meet at the facility to discuss problem areas.

B. All personnel employed by the Contractor shall be experienced in the type of work involved and familiar with the specifications of this contract.

C. The Contractor is required to provide necessary and on-going tenant relations or customer service training for their employees.

D. Contractor personnel shall conduct all operations in such a manner as to minimize any inconvenience in the use of the facilities to the occupants.

SCHEDULING WORK AND REPORTING REQUIREMENTS:

Within five work days of the contract starting date, and annually thereafter for renewal periods, the Contractor shall submit to the TPOC schedules and plans to accomplish required services throughout the year. If changes need to be made to reduce conflicts with Government operations, special events, or other occurrences, the Contractor shall meet with the TPOC and revise the schedule as necessary. The TPOC may request changes to the monthly work schedule so spacing of services is distributed to meet the needs of the Government. The Contractor shall not deviate from this schedule without prior approval from the TPOC.

QUALITY CONTROL PROGRAM:

The Contractor shall maintain a quality control program to ensure that the requirements of this contract are met. This program shall be created for identifying and correcting deficiencies in the quality of services before performance becomes unacceptable.

A. The Contractor shall establish a complete, written, Quality Control Program (QCP) to ensure that the requirements of the contract are provided as specified. The written QCP shall be submitted to the TPOC within 5 days of the start date of work.

B. The QCP's purpose is to provide a plan for meeting all requirements of this contract. The QCP should include, but not be limited to, the following:

1. An inspection of the grounds which covers all services stated in "Performance Standards and Guideline Requirements" of this contract.

2. A system to ensure that the Contractor's employees, or subcontractor's employees, are notified of all deficiencies in their area of responsibility. A system and plan to retrain employees to ensure that deficiencies do not reoccur.

3. A plan for monitoring and correcting customer complaints. A record of customer complaints and the corrective action taken must be kept on file at this site and available for review by the Contracting Officer or his/her representative, at any time.

4. A plan for the immediate forwarding of customer complaints that are not the responsibility of the Contractor, to the TPOC or their designated representative.

C. The QCP must be kept current, reflecting the pertinent contract modifications and requisite changes or conditions. The Contractor shall review the plan with his onsite personnel to ensure complete understanding. A copy of the most current QCP must be kept on file at the worksite where the tasks are being accomplished.

D. If the Contractor is not meeting performance or quality measures, the Government retains the right to review the QCP and related documents. Upon review of the plan and related documents, the Government will take appropriate action to ensure that all quality and performance measures are met as specified in this contract.

PERFORMANCE STANDARDS AND GUIDELINE REQUIREMENTS:

The Government has described what is to be accomplished, not how to accomplish it, and states a basis for determining whether finished work meets the Government quality requirements. It does not state detailed procedures for accomplishing the requirement unless there are safety, security, or communication requirements.

It is the responsibility of the Contractor to ensure that they build into their bid/proposal price the necessary hours that it will take to meet the performance standards specified.

The following are services included within the scope of work.

· Edging

· Erosion Control

· Fertilizing

· Grass Mowing

· Leaf Removal

· Mulching

· Pruning

· Trimming

· Weeding

· Bed Preparation and Maintenance

· Annual Bed Planting

NOTE: AH services provided under this contract are required to meet the quality and performance standards described herein.

A. The Contractor shall provide all labor, equipment, materials, supplies, and supervision to perform grounds maintenance and landscape services as identified in the Statement of Work.

1. The following guidelines describe what is considered to be the normal industry quality and performance standards for intended services under this type of contract.

2. The Contractor, through innovation, technology or other means, shall perform the required services in order to meet the quality and performance standards.

B. The following guidelines are for reference only and final results will be the determining factor for the success or failure of this contract. Performance shall be based on the Contractor's effort in the meeting the performance and quality standards, not the frequency or method of performance.

1. Mowing and Trimming Operations. The Contractor shall be responsible for monitoring the growth of the grass and scheduling cutting/mowing operations as required. The Contractor shall prevent scalping, uneven mowing, rutting by equipment, damage to trees and shrubs during contractor operations. The Contractor shall replace shrubs and trees damaged during mowing operations.

Precautions shall include removal or repair of equipment causing unnecessary damage or procedures causing unsatisfactory mowing. The Government is not responsible for damage to contractor's equipment due to trash, debris, or uneven terrain. Contractor shall maintain all open drainage systems;

open culverts under driveways and roads free of debris, trash, limbs, leaves and grass clippings. Grass shall be cut on a weekly basis from March 1 through September 30 and shall be maintained between 2" and 2 1/2'' in height. The frequency of mowing may vary depending on weather conditions. Grass and weeds shall be trimmed around trees, shrubs, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks and other fixed obstacles. Trimming height shall match surrounding area grass height.

Grass clippings shall be removed to provide a uniform appearance after mowing. All improved grounds shall look well-manicured at all times. All areas shall be trimmed concurrent with mowing. Damage to trees and shrubs from trimming, caused by contractor shall be repaired by the Contractor at no additional cost to the Government. If a plant should die or become unhealthy due to damage caused by the Contractor, the Contractor shall be responsible for replacing the damaged plant or tree with a plant or tree of the same species, and size. Plant or tree replacement or repair shall occur within 15 days of noticed damage. It is the Contractor's responsibility to ensure their trimming or mowing services does not damage trees. If grass seeding is needed to repair damaged areas, use a compatible grass seed mixture.

2. Fertilize Grounds. All turf areas shall be fertilized four times annually with a balanced lawn food. All shrubs, ground covers and trees shall be fertilized as needed to maintain a healthy condition.

Apply herbicides and pesticides to turf, shrubs, trees and ground cover as needed to control weed and insect infestation. Herbicides and pesticides used shall not injure plantings.

Fertilizers shall be standard commercial grade of organic or inorganic fertilizer of the kind and quality specified per results of soil testing by the Contractor and appropriate to industry standards. The Contractor shall notify the TPOC prior to the beginning of each fertilizer, pesticide or herbicide application and post flags indicating the application. The Contractor shall apply fertilizer, herbicides, and pesticides in compliance with instruction and conditions contained on labels and required by the Environmental Protection Agency, state and local regulations. Material Safety Data Sheets (MSDS) will be available at all times.

3. Edging. Grass shall be cut back from all edges 0.5'' to 1.5" and not cut deeper than 1.5" to 2". Edging shall include removal of vegetation from sidewalks (including cracks and expansion joints), driveways, concrete curbs, planting beds and mounds, and rock beds. Grass shall not extend over the edge of any of the above areas.

4. Weed Control. Lawns shall be maintained to show continual progress in removal of annual and perennial weeds, including all clover and coarse grass species. Parking lots, walkways, rock beds, fences, and all building perimeters shall be kept free of weeds, grasses, leaves and debris. Weed killing, (herbicidal) sprays or granular applications are permitted. The Contractor shall insure herbicides used will not injure any existing plantings. All areas shall be kept free of weeds, grasses, leaves and debris all year long. Weeding is a continuous requirement.

5. Cleanup. All grass clippings, weeds, and pruning shall be removed from the project site as necessary. Walks and driveways shall be kept free of equipment and debris. Exterior walls of building shall be kept free of soil. When on the job site police entire grounds to remove all trash, debris and leaves. This shall include the vehicle parking lots, walkways and lawn areas.

6. Mulch Placement. Once a year, the Contractor shall provide and place hardwood mulch in all planting beds, shrubs, trees and walkways. Quantities supplied must be sufficient to maintain planting bed areas with a minimum mulch depth of four (4) inches, and tree mounds with a minimum depth of six (6) inches. A sample of mulch shall be submitted to the COTR prior to application.

7. Erosion Control. The Contractor shall repair and fill all rivulets, soil slides, and washouts when necessary.

8. Leaf Removal. The Contractor shall remove all leaves and other debris from planting beds and lawn.

9. Pruning. Prune all shrubs to existing form twice during the growing season or as needed.

Trees shall be pruned from ground level to up to 12' to improve form and remove dead wood and spent blossoms as needed. Tree and shrub suckers, excess shoot growth, and limbs shall be removed as needed. Plantings such as ground cover, perennials, and bulbs, shall be cut back as appropriate for the species.

10. Bed Preparation and Maintenance. Perform general Spring clean-up (around March 1) to bed areas. Beds shall be edged and cleaned of all debris and weeds before adding mulch. Beds shall be maintained to present a neat appearance throughout the season with use of appropriate herbicides and regular weeding. Insure items in beds are maintained within their boundaries. Rock beds adjacent to main building and parking lots shall be free of mature weeds. Weeds may be chemically treated.

Treated weeds shall be removed within one week.

11. Annual Beds. Two times per year, the Contractor shall plant annual flowers in the areas adjacent to the main entry door including the flowerboxes. The first planting shall be mid to late May.

The second planting shall be September. Plantings should consist of several varieties that are hardy and deer resistant.

12. Back Hillside. Hillside surrounding the rock drainage area shall be maintained in a semi-natural state. The area shall remain un-mowed. Once a year, in early Spring, the Contractor shall over seed the hillside with wildflower seed. Quantities supplied must be sufficient to maintain flower coverage.

13. Damage. If the Government determines that damage to shrubs and trees are caused by the Contractor, the Contractor shall repair/replace them at no additional cost to the Government. The Contractor shall be responsible for replacing the damaged plants or trees with plants or trees of the same species, and size. Plant or tree replacement, or repair, shall occur within 15 days of noticed damage.

14. Final Work. During the last two weeks of the contract, the Contractor shall leave all planting beds, tree mounds, and rock beds in a weed free condition. Grass shall be mowed, weather conditions permitting, regardless of height.

PLACE OF PERFORMANCE:

The place of performance will be the National Weather Service WFO-Binghamton, 32 Dawes Drive, Johnson City, NY 13790.

PERIOD OF PERFORMANCE:

Base Year: 02/01/2024 through 01/31/2025 Option Year 1: 02/01/2025 through 01/31/2026 Option Year 2: 02/01/2026 through 01/31/2027 Option Year 3: 02/01/2027 through 01/31/2028 Option Year 4: 02/01/2028 through 01/31/2029

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.204-7 System for Award Management. (OCT 2018)

52.204-9 Personal Identity Verification of Contractor Personnel.

(JAN 2011)

52.204-26 Covered Telecommunications Equipment or Services- Representation. (OCT 2020)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021)

52.223-5 Pollution Prevention and Right-to-Know Information.

(MAY 2011)

52.223-10 Waste Reduction Program. (MAY 2011) 52.232-18 Availability of Funds. (APR 1984)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010)

1 UTILIZATION OF FEDCONNECT® FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

(End)

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023)

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

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

1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are required and can be sent to stephanie.mas@noaa.gov

2. Offeror shall have an active registration in the System for Award Management (SAM found at https://sam.gov/content/home) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.

https://sam.gov/content/home

3. Offerors shall assume that the Government has no prior knowledge of them or their capability.

4. Offerors must provide all evaluation criteria in accordance with FAR 52.212-2. Offerors who do not provide all evaluation criteria will not be accepted.

1. Technical Approach and Capability.

2. Past Performance.

3. Price.

4. Any additional qualifications/experience required by the program as listed within the Statement of Work.

“THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT”.

52.212-2 (Trade-Off) Evaluation- Commercial Products and Commercial Services (Nov 2021)

Offers will be evaluated based on price and the factors set forth in paragraph (a).

The evaluation will consider the Non-Price Technical Solution (Technical Approach and Past Performance) to be significantly more important than price. However, as quotes are determined to be more equal in the non-price evaluation factor, price becomes more important and may become the determining factor for award. If, at any stage of the evaluation, all vendors are determined to have submitted equal, or virtually equal, Non-Price Technical Solutions, price could become the factor in determining which vendor will receive the award.

The Government intends to evaluate the quotes and award a purchase order based on the Offeror’s initial quote; therefore, the Offeror’s initial quote should contain the Offeror’s best terms from a Non- Price Technical Solution and price standpoint.

The Government reserves the right not to award a purchase order depending on the quality of the quote(s) submitted and the availability of funds. Furthermore, the Government may waive informalities and minor irregularities or omissions in quotes received.

The Government may make award to other than the lowest-priced Offeror or the Offeror with the highest technical rating if the Contracting Officer determines that to do so would result in the best value to the Government. The Government will not make an award at a significantly higher overall price to achieve only slightly superior performance capability.

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

Paragraph (a) is hereby completed as follows: Evaluation will be based on the following:

1. Technical Approach and Capability.

The Offeror’s overall technical approach will be evaluated to assess the Government's level of confidence in the Offeror’s understanding of, approach to, and ability to successfully perform the requirements as described in the Statement of Work. Provide a detailed description of the company’s experience performing similar services. A detailed technical approach write-up describing how the Offeror will perform this service is required to be submitted with the quote regardless of whether a site visit was made or not. The technical approach write-up must not be a reiteration of the Statement of Work, but how your company plans on performing the tasks listed in the attached Statement of Work. (i.e.

performance checklists, anticipated number of employees, anticipated hours at the facility and/or confirmation of supplies being provided, etc.)

2. Past Performance.

The Offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Offeror, the agency’s knowledge of Offeror performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services. Quote shall include at least two references for similar and relevant services including the phone number, full address, and e-mail address.

Offerors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance.

3. Price.

The Government will evaluate the price quote for completeness and reasonableness in relation to the RFQ requirements. Quoted prices must be entirely compatible with the Non- Price Technical Solution.

4. Any additional qualifications/experience required by the program as listed within the Statement of Work.

The Government intends to award a trade-off, single firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

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

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

(End of provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Products and Commercial Services (Nov 2023) (Deviation 2024-06) (Jan 2024) (Deviation 2024-03) (Oct 2023) (Deviation 2023-03) (Dec 2022) (Deviation 2021-06) (Sep 2021)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(dPublic Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial Products and Commercial Services:

[Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Nov 2021), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2020) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Award (Jun 2020).

(Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

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

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title

II).

_X_ (11) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub.

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L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204–30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

__ (15)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (16)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022 (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (17) [Reserved] _X_ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

__ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

(DEVIATION 2023-03) (DEC 2022)

__ (21)(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

_X_ (22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(s)). (Deviation 2021-06) (Sept 2021) __ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657 f).

_X_ (26) 52.219-28, (i) Post Award Small Business Program Rerepresentation (Sep 2023) (15 U.S.C.

632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

_X_ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Dec 2022) (E.O. 13126).

(Deviation 2024-06) (Jan 2024) _X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (34) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (35) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

_X_ (36) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

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__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

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

__ (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial Products and Commercial Services as prescribed in 22.1803.)

__ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (44)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

__ (45)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

_X_ (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3. (Deviation 2024-06) (Jan 2024) __ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (54) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160019 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1156645 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2022_18.html#wp1089948 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168892 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168892 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++%2842%29%20%20AND%20%28%2842%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168917 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168928…

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