SF1449 IRC OM RFP rev1.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

NA-AJ5740-22-00171

1305M423RNAAJ0020

PATRILL SMITH-MOODY

PATRILL.SMITH-MOODY@NOAA.GOV 301-628-1436

5:00 PM ET

CSAD

CORPORATE SRVCS ACQUISITION DV

1325 EAST WEST HWY

SSMC2, RM. 11323

SILVER SPRING MD 20910

561210

See Schedule see continuation page for line item details.

See Schedule

SEP 22, 2023

Please

X

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

1305M423RNAAJ0020

RFP

PAGE 42 OF 143 1305M423RNAAJ0020

Introduction

This solicitation ACQ-NC1075-23-0010 is a Request for Proposal for Commercial Services prepared in accordance with the format in Subpart 37 in conjunction with FAR Part 15 procedures, as supplemented with additional information included in this notice. This combined synopsis/solicitation constitutes the only announcement that will be issued. This acquisition is conducted under the authority of (15 USC

637(a)(1)) and the Federal Acquisition Regulation (FAR) Part 19.2.212-8, and the executed Partnership

Agreement between the U.S. Small Business Administration (SBA), this acquisition is being performed as 8(a) Competitive Award – SBA No: EH1649800630X.

A new Hybrid contract to include Firm Fixed Price (FFP) Time and Materials (T&M) CLIN for planned and unplanned/emergency maintenance is intended to be awarded from this solicitation.

The Period of Performance (POP) will be one (1) 12-months base period plus four (4) 12-months option periods.

The associated North American Industrial Classification System (NAICS) code for this procurement is

561210 – Facilities Support Services. Its associated Small Business Size Standard is $32.5 million.

NOTE: Parts 1 through 8 will be included in the award.

PAGE 43 OF 143 1305M423RNAAJ0020

Proposal Information

Pre-proposal inquiries (PPIs). All PPIs shall be submitted to Contract Specialist Patrill Smith-Moody at

Patrill.Smith-Moody@noaa.gov with courtesy copy to the Contracting Officer Michael Konchesky at

Michael.Konchesky@noaa.gov.

Solicitation package errors, omissions, and/or ambiguities. It is the Offeror’s responsibility to bring any errors, omissions, and/or ambiguities to the Government’s attention; in this solicitation document or within any of attached specifications and/or concept drawings. Failure to do so will not obligate the Government to negotiate a modification post award.

Incurred Expenses. Although the Government intends to make an award as the result of this solicitation, it is not responsible for any costs incurred or associated with preparation and submission of a proposal.

Penalty of false statements. Proposals must set forth full, accurate, and complete information as required by this request for proposal (including attachments). The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

System for Award Management (SAM). SAM registrations must be active at the time of proposal preparation, through final payment. For additional information, please go to www.sam.gov.

PAGE 44 OF 143 1305M423RNAAJ0020

Part 1 – Supplies or Services and Prices/Costs

Brief Description of Services

The U.S Department of Commerce (DOC) Office of the Secretary and National Oceanic and Atmospheric

Administration Office (NOAA) has the responsibility of ensuring the safe operation and maintenance (O&M) of all NOAA facilities and other assets. Currently the NOAA Inouye Regional Campus (IRC) has a requirement for the continued operation and maintenance of its present facility, located in Honolulu, Hawaii.

The requirement, which falls under the cognizance of the Office of the Chief Administrative Officer’s

(OCAO) Facilities Management Branch (FMB), includes four (4) major buildings encompassing over

360,000 square feet of various types of occupied spaces and will also include pier functions. OM&R services are required twenty-four (24) hours per day, seven (7) days per week, and three hundred and sixty-five (365) days per year.

The requirement is to procure complete facilities maintenance services necessary to perform day-today functions to maintain, operate and repair all building systems and components; maintain Building

Management System (BMS) vehicles in a safe operational condition, conduct daily shipping, receiving and campus warehousing operations, serve as key control manager and issue per guidance from BMS; move equipment and furniture within the buildings; provide systematic control and storage, transportation, processing treatment, recovery and disposal of hazardous waste in accordance with federal, state and local regulations. Additionally, pier operations are provided to NOAA/Charter vessels using the pier at the IRC to include connections to shore utilities as necessary. Services also include elevator inspections and maintenance repair, energy management control system maintenance, building/window washing, and pest control.

Contract Type

This is a Hybrid contract which includes Firm Fixed Price (FFP) Time and Materials (T&M) CLIN for operation and maintenance services described in this Request for Proposal (RFP). The Small Business

Administration (SBA) Number is SBA No: EH1649800630X.

Pricing Schedule

Provide monthly services for the Operation and Maintenance (O&M) of the NOAA Inouye Regional Campus

(IRC) in accordance with the Performance Work Statement (PWS).

CLIN

No.

Description CLIN

Type

Quantity Unit Unit Price Total

Base Period: December 1, 2023 through November 30, 2024

0001 Provide monthly planned and corrective operation and maintenance services for the IRC, in accordance with the PWS –

Planned Maintenance

FFP 12 MO $ $

0002 Provide monthly operation and maintenance services for the IRC, in accordance with the PWS –

Corrective Maintenance

FFP 12 MO $ $

0003 Overtime and Callback

Maintenance

T&M 1 LS $ $

PAGE 45 OF 143 1305M423RNAAJ0020

0004 Elevator Inspection FFP 1 LS $ $

0005 Emergency Unplanned

Maintenance

T&M 12 MO $ $

Total Base Period $

Option Period I: December 1, 2024 through November 30, 2025

CLIN

No.

Description CLIN

Type

Quantity Unit Unit Price Total

1001 Provide monthly operation and maintenance services for the IRC, in accordance with the PWS

Planned Maintenance

FFP 12 MO $ $

1002 Provide monthly operation and maintenance services for the IRC, in accordance with the PWS –

Corrective Maintenance

FFP 12 MO $ $

1003 Overtime and Callback

Maintenance

T&M 1 LS $ $

1004 Elevator Inspection FFP 1 LS $ $

1005 Emergency Unplanned

Maintenance

T&M 12 MO $ $

1006 Main Facilities UPS Batteries FFP 200 EA $ $

Option Period I Total $

Option Period II: December 1, 2025 through November 30, 2026

CLIN

No.

Description CLIN

Type

Quantity Unit Unit Price Total

2001 Provide monthly operation and maintenance services for the IRC, in accordance with the PWS

Planned Maintenance

FFP 12 MO $ $

2002 Provide monthly operation and maintenance services for the IRC, in accordance with the PWS –

Corrective Maintenance

FFP 12 MO $ $

2003 Overtime and Callback

Maintenance

T&M 1 LS $ $

2004 Elevator Inspection FFP 1 LS $ $

2005 Emergency Unplanned

Maintenance

T&M 12 MO $ $

Option Period II Total $

Option Period III: December 1, 2026 through November 30, 2027

CLIN

No.

Description CLIN

Type

Quantity Unit Unit Price Total

3001 Provide monthly operation and maintenance services for the IRC, in accordance with the PWS

Planned Maintenance

FFP 12 MO $ $

3002 Provide monthly operation and maintenance services for the IRC, in accordance with the PWS –

Corrective Maintenance

FFP 12 MO $ $

PAGE 46 OF 143 1305M423RNAAJ0020

3003 Overtime and Callback

Maintenance

T&M 1 LS $ $

3004 Elevator Inspection FFP 1 LS $ $

3005 Emergency Unplanned

Maintenance

T&M 12 MO $ $

Option Period III Total $

Option Period IV: December 1, 2027 through November 30, 2028

CLIN

No.

Description CLIN

Type

Quantity Unit Unit Price Total

4001 Provide monthly operation and maintenance services for the IRC, in accordance with the PWS

Planned Maintenance

FFP 12 MO $ $

4002 Provide monthly operation and maintenance services for the IRC, in accordance with the PWS –

Corrective Maintenance

FFP 12 MO $ $

4003 Overtime and Callback

Maintenance

T&M 1 LS $ $

4004 Elevator Inspection FFP 1 LS $ $

4005 Emergency Unplanned

Maintenance

T&M 12 MO $ $

4006 B130 UPS Batteries FFP 20 EA $ $

Option Period IV Total $

Overall Total for Base and Option Periods $

PAGE 47 OF 143 1305M423RNAAJ0020

Part 2 – Description/Specs/Work/Statement

**Refer to Attachment 1

PAGE 48 OF 143 1305M423RNAAJ0020

Part 3 – Packaging and Marking

***This section intentionally left blank.

PAGE 49 OF 143 1305M423RNAAJ0020

Part 4 – Inspection and Acceptance

CAR 1352.246-70 Place of Performance (Apr 2010)

Services will be performed at the National Oceanic and Atmospheric Administration

National Oceanic and Atmospheric Administration (NOAA)

Daniel K. Inouye Regional Center (IRC)

1845 Wasp Boulevard

Honolulu, HI 96818

Although the primary place of performance is at government facilities, all resources should be telework ready and abide by all Federal executive orders and NOAA directives.

(End of Clause)

PAGE 50 OF 143 1305M423RNAAJ0020

Part 5 – Deliveries and Performance

1352.270-70 Period of performance (Apr 2010)

(a) The base period of performance of this contract is from 12/01/2023 through 11/30/2024. If an option is exercised, the period of performance shall be extended through the end of that option period.

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

Period Start Date End Date

Option I 12/01/2024 11/30/2025

Option II 12/01/2025 11/30/2026

Option III 12/01/2026 11/30/2027

Option IV 12/01/2027 11/30/2028

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

(End of clause)

1330-52.215-70 Schedule of Deliverables (SEPT 2005)

The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

Item Description Quantity Due Date Deliver to Reference

1 Performance Work Statement (PWS) Various See PWS COR PWS

(End of clause language)

Timely Notice to the Government of Performance Delays

With the exception of submittals, the Contractor shall notify the COR via email no less than five (5) business days in advance of expected delivery and shall otherwise coordinate such delivery with the COR; the COR will acknowledge receipt of such notification within one (1) business day from receipt.

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or completion date, or as soon as the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the COR and CO, in writing.

This notification shall give pertinent details, but this data shall be informational only in character; this term shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

PAGE 51 OF 143 1305M423RNAAJ0020

Part 6 - Contract Administration Data

Contracting Officer

Mr. Michael Konchesky

1325 East West Highway, SSMC2

Silver Spring, MD 20910

Telephone: 240-233-4131

Email: michael.konchesky@noaa.gov

Contract Specialist

Mrs. Patrill Smith-Moody

1325 East West Highway, SSMC2

Silver Spring, MD 20910

Telephone: 301-628-1436

Email: Patrill.smith-moody@noaa.gov

1352.201-70 Contracting Officer's Authority

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR 2010)

a) TBD 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: Honolulu, HI.

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.

PAGE 52 OF 143 1305M423RNAAJ0020

Part 7 – Special Contract Requirements

Government Holidays

Workplace is not available on the Government Holidays stated below, as prescribed by an Executive Order

(EO), and/or due to Federal Government closures resultant from inclement weather/emergency declarations.

January (New Year’s Day)

January (Martin Luther King Day)

February (President’s Day)

May (Memorial Day)

June (Juneteenth Day)

July (Independence Day)

September (Labor Day)

October (Columbus Day)

November (Veterans Day)

November (Thanksgiving Day)

December (Christmas Day)

Government closures may occur during the contract performance period as a result of Executive Order, Office of Personnel Management direction or other form of Federal proclamation. These closures are often due to inclement weather, potentially hazardous conditions or other special circumstances. Closures or delays of this nature during the performance period do not entitle the Contractor to compensation for time not worked or to an automatic period of performance extension.

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

Unless otherwise noted, general facility base hours are between 6:00 am and 6:00 pm, Monday through

Friday. Extended hours are not an authorization for overtime or premium pay.

Enforcement Government-Contractor Relationship

The Government and the contractor understand that the services to be provided under this contract by the contractor are non-personal services and that no employer-employee relationship exists between the Government and the contractor employees assigned under this contract. The COR may provide technical direction which will assist the contractor in accomplishing the Performance Work Statement

(PWS).

Use of Government Property by Contractor Employees

a. The Government will provide all necessary facilities, equipment, and supplies for the performance of this contract in reasonable quantities. Unless otherwise authorized by the

Contracting Officer in writing, the Contractor is not authorized to furnish any equipment

(including office equipment), furniture, fixtures, or other personal property items, for use in the performance of this contract.

b. The Contractor shall follow all Government laws and regulations and local procedures for the care and use of Government property. Government Property will only be used for official

Government business.

c. The Contractor shall maintain safeguards to prevent loss or misuse of Government property by its employees. All Government Property including issued items may be inventoried by authorized Government personnel at any time on an unannounced basis.

PAGE 53 OF 143 1305M423RNAAJ0020

d. When a contractor employee is the predominant user of an item of Government Property, the employee and the Contractor will be required to accept responsibility for the property as the predominant user. Responsibilities of a predominant user include safeguarding, keeping track of the property, immediately notifying the Government Property Manager when the property is moved or transferred, caring for the property to avoid loss or damage, and immediately notifying the

Government Property Manager if there is any loss or damage to the property.

e. The Contractor may be held liable and may be required to reimburse the Government for any unjustified losses or misuse of Government property by contractor employees, and/or failure to take appropriate care of Government property. Upon completion of the contract, a joint inventory may be required to be performed at the option of the Government to certify all items are on hand.

Applicability of the Service Contract Labor Standards

The contractor shall adhere to the requirements of the applicable Wage Rate Determination issued by the Department of Labor when calculating and paying salaries and benefits to its employees.

Overtime shall be paid in accordance with the Fair Labor Standards Act and other applicable labor laws whether work is performed inside or outside U.S. territorial waters.

**Refer to Attachment 2

Government Vehicles

Routine transportation requirements shall be the responsibility of the contractor. However, the use of NOAA-owned vehicles may be made available in the performance of the contract work only.

Operators of NOAA vehicles shall become familiar with and obey all transportation/traffic laws of the States(s) and local jurisdictions in which they operate. Violation of traffic laws can result in fines. Any fines imposed on the operator are his/her personal responsibility as well as any required payment thereof. This includes fines for parking violations.

The contractor assumes the risk and responsibility for loss or damage to NOAA’s vehicles and shall be liable for its repair or replacement. The contractor is responsible for obtaining and maintaining insurance coverage. The amount of liability coverage shall be, as a minimum, those amounts noted in the applicable clauses below commensurate with any legal requirements of the locality, and sufficient to meet normal and customary claims. The contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or employees.

Non-Personal Services

No personal services, as defined by subpart 37.104 of the FAR, shall be performed under the subject contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor.

If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

The Contractor shall not perform any inherently governmental functions under this contract. No

PAGE 54 OF 143 1305M423RNAAJ0020

Contractor employee shall represent themselves to be a Government employee, agent, or representative.

No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties or other Government employees, in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other

Government agencies, the Contractor employee shall state that he/she has no authority to in any way change the contract. If any Contractor believes that a communication is a direction to change its contract, he or she should notify the Contracting Officer and not carry out the direction until a clarification has been issued by the Contracting Officer. The Contractor shall ensure that all of its employees and consultants working on the subject contract are informed of the substance of this section.

Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this section shall be included in all subcontracts at any tier.

Contractor Employees’ Identification

During performance of the subject contract, the rights of ingress and egress to and from any

Government office for Contractor’s personnel shall be made available, as deemed necessary by the

Government. All Contractor employees must identify themselves as contractors in all communications.

All Contractor employees, whose duties under this contract require their presence at any Government facility, shall be clearly identifiable by a distinctive badge furnished by the Government. In addition, corporate identification badges may be worn on the outer garment. Obtaining the corporate identification badge is the sole responsibility of the Contractor. All prescribed information shall immediately be delivered to the appropriate Government Security Office for cancellation or disposition upon the termination of employment of any Contractor personnel. All on-site Contractor personnel shall abide by security regulations applicable to that site.

Authorization of Government Paid Travel

Travel may be necessary in order to accomplish certain task(s) contained under the subject contract.

Travel must be deemed necessary and authorized by the COR prior to the date of travel in order to be paid for by the Government. Only in exceptional circumstances will travel be reimbursed at more than applicable rates cited in the Federal Travel Regulations, prescribed by the General Services

Administration, for travel in the United States or the Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered above.

Post Award Conference

The Contractor shall participate in a post award conference to be held within thirty (30) business days after award of the subject contract. The purpose of the post award conference is to aid both the

Contractor and the Government in achieving a clear and mutual understanding of all contract requirements and identify and resolve potential problems (See FAR Subpart 42.5, Post-award

Orientation).

The CO is responsible for establishing the time and place of the conference and will notify the appropriate Government representatives and the Contractors. The conference may be conducted at a location within the Honolulu, HI commuting area or virtually at the Government’s discretion or regionally to facilitate Contractor attendance.

PAGE 55 OF 143 1305M423RNAAJ0020

Evaluation of Contractor Performance

(a) Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR 42.15. The final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, at least one interim evaluation will be prepared.

(b) Interim and final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty (30) days to review the document and to submit additional information or a rebutting statement. If agreement cannot be reached between the parties, the matter will be referred to an individual one level above the

Contracting Officer, whose decision will be final.

(c) Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

PAGE 56 OF 143 1305M423RNAAJ0020

Part 8 – Contract Clauses

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):

Federal Acquisition Regulation (FAR) http://farsite.hill.af.mil

Commerce Acquisition Regulation (CAR) https://www.acquisition.gov/car.

Federal Acquisition Regulations (FAR)

52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010)

52.203-16 Preventing Personal Conflicts of Interest Jun 2020

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011)

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

52.204-12 Unique Entity Identifier Maintenance. (Oct 2016)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (Nov 2021)

52.208-9 Contractor Use of Mandatory Sources of Supply or Services May 2014

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Nov 2021)

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

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Dec 2022) Alternate

I (Nov 2021)

52.215-16 Notification of Ownership Changes (Oct 1997)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data-Modifications Alt III (Oct 1997)

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (Aug 2011)

52.216-25 Contract Definitization

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Acquisition

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.219-14 Limitations on Subcontracting (Oct 2022)

52.222-26 Equal Opportunity (SEP 2016)

52.222-50 Combating Trafficking in Persons (Nov 2021)

52.223-6 Drug-Free Workplace. (May 2001)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

PAGE 57 OF 143 1305M423RNAAJ0020

52.232-18 Availability of Funds. (Apr 1984)

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013

52.233-1 Disputes. (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (Apr 1984)

52.236-12 Material and Workmanship (Apr 1984)

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

52.237-3 Continuity of Services (Jan 1991)

52.239-1 Privacy or Safeguards Aug 1996

52.243-1 Changes-Fixed Price (Aug 1987)

52.244-2 Subcontracts. (Jun 2020)

52.245-1 Government Property. (Sep 2021)

52.246-6 Inspection of Time and Material Labor Hour (May 2001)

52.249-2 Termination for Convenience of the Government (Fixed-Price). (Apr 2012)

52.249-4 Termination for Convenience of the Government (Services) (Short Form) (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service). (Apr 1984)

52.253-1 Computer Generated Forms. (Jan 1991)

Commerce Acquisition Regulations (CAR)

1352.209-72 Restrictions Against Disclosure Apr 2020

1352.209-73 Compliance with the laws Apr 2020

1352.209-74 Organizational Conflict of Interest Apr 2020

1352.231-71 Duplication of Effort (Apr 2010)

1352.237-71 Security Processing Requirements-Low Risk Contracts Apr 2020

1352.239-72 Security Requirements for Information Technology Resources Apr 2020

1352.246-70 Place of acceptance (APR 2010)

Commerce Acquisition Regulation (CAR) Clauses in Full Text

1352.233-70 Agency protests (APR 2010)

(a) An agency protest may be filed with either:

(1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest

Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address: Michael Konchesky, Contracting Officer, michael.konchesky@noaa.gov.

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

Michael Conroy, Division Director, michael.conroy@noaa.gov.

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law

Division of the Office of the General Counsel within one day of filing a protest with either the Contracting

Officer or the Protest Decision Authority.

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(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and

Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.

(End of clause)

1352.233-71 GAO and Court of Federal Claims protests (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal

Claims unless an agency protest has been filed.

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

(c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and

Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.

1352.237-75 Key personnel (APR 2010)

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

1. Contract Manager,

2. Alternate Contract Manager,

3. Building Automation System or Building Management System Operator,

4. Certified Elevator Inspector

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the

Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The

Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

1352.209-72 Restrictions against disclosure (APR 2010)

(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer's Representative, in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are

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necessary to restrict access to such information while in the contractor's possession, to those employees needing such information to perform the work described herein, i.e., on a “need to know” basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred.

(b) The contractor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

1352.209-73 Compliance with the laws (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

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 $500,000.00.

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

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

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

Government.

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1352.228-72 Deductibles under required insurance coverage—fixed price (APR 2010)

When the Government is injured, wholly or partially as a result of the contractor's actions and such actions are covered by the insurance required by 1352.228–70, Insurance Coverage, the Government is entitled to recover from the contractor the full amount of any such injury attributable to the contractor regardless of a deductible. The Contracting Officer may offset the amount of recovery against any payment due to the contractor.

1352.237-70 Security processing requirements—high or moderate risk contracts (APR 2010)

(a) Investigative Requirements for High and Moderate Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a High or Moderate Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor. The level of contract risk will determine the type and scope of such processing, as noted below.

(1) Investigative requirements for Non-IT Service Contracts are:

(i) High Risk—Background Investigation (BI).

(ii) Moderate Risk—Moderate Background Investigation (MBI).

(2) Investigative requirements for IT Service Contracts are:

(i) High Risk IT—Background Investigation (BI).

(ii) Moderate Risk IT—Background Investigation (BI).

(b) In addition to the investigations noted above, non-U.S. citizens must have a pre-appointment check that includes an Immigration and Customs Enforcement agency check.

(c) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). To be employed under this contract within the United States, non-U.S. citizens must have:

(1) Official legal status in the United States;

(2) Continuously resided in the United States for the last two years; and

(3) Obtained advance approval from the servicing Security Officer of the contracting operating unit in consultation with the DOC Office of Security (OSY) headquarters/NOAA. (OSY routinely consults with appropriate agencies regarding the use of non-U.S. citizens on contracts and can provide up-to-date information concerning this matter.)

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(d) Security Processing Requirement. Processing requirements for High and Moderate Risk

Contracts are as follows:

(1) The contractor must complete and submit the following forms to the Contracting Officer's

Representative (COR):

(i) Standard Form 85P (SF–85P), Questionnaire for Public Trust Positions;

(ii) FD–258, Fingerprint Chart with OPM's designation in the ORI Block; and

(iii) Credit Release Authorization.

(2) The Sponsor will ensure that these forms have been properly completed, initiate the CD–254, Contract Security Classification Specification, and forward the documents to the cognizant Security

Officer.

(3) Upon completion of security processing, the Office of Security, through the servicing Security

Officer and the Sponsor, will notify the contractor in writing of an individual's eligibility to be provided access to a Department of Commerce facility or Department of Commerce IT system.

(4) Security processing shall consist of limited personal background inquiries pertaining to verification of name, physical description, marital status, present and former residences, education, employment history, criminal record, personal references, medical fitness, fingerprint classification, and other pertinent information. For non-U.S. citizens, the Sponsor must request an Immigration and Customs

Enforcement agency check. It is the option of the Office of Security to repeat the security processing on any contract employee at its discretion.

(e) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the COR will be notified. The Sponsor, in coordination with the

Contracting Officer, will immediately remove the contract employee from duties requiring access to

Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude;

(2) Falsification of information entered on security screening forms or on other documents submitted to the Department;

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government, regardless of whether the conduct was directly related to the contract;

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(f) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

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(g) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(h) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

1352.239-72 Security requirements for information technology resources (APR 2010)

(a) Applicability. This clause is applicable to all contracts that require contractor electronic access to

Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a contractor that processes or stores information that directly supports the mission of the Agency.

(b) Definitions. For purposes of this clause, the term “Sensitive” is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100–235), including the following definition of the term:

(1) Sensitive information is “ * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the, conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy

Act), but which has not been specifically authorized under criteria established by an Executive Order or an

Act of Congress to be kept secret in the interest of national defense or foreign policy.”

(2) For purposes of this clause, the term “National Security” is defined by the guidance set forth in:

(i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3.

(ii) The DOC Security Manual, Chapter 18.

(iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or

Act of Congress.

(3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.

(c) The contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor's systems that are interconnected with a DOC network or DOC systems that are operated by the contractor.

(d) All contractor personnel performing under this contract and contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (see DOC, Office of the Chief Information

Officer Website).

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(e) Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing

Requirements for Service Contracts.

(f) Within 5 days after contract award, the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC

IT Security policies, procedures, computer ethics, and best practices, in accordance with

DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the contractor of any other available DOC training resources. Annually thereafter the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy.

(g) Within 5 days of contract award, the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209–72, Restrictions Against Disclosures.

(h) The contractor shall afford DOC, including the Office of Inspector General, access to the contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of

DOC, and to preserve evidence of computer crime.

(i) For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT

Security Program Policy. Specifically, the contractor shall:

(1) Within 14 days after contract award, submit for DOC approval a System Certification Work

Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy and [Insert agency or operating unit counsel specific guidance, if applicable]. The Certification Work Plan, approved by the

COR, in consultation with the DOC IT Security Officer, or Agency/operating unit counsel IT Security

Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract.

(2) Upon approval, follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System

Accreditation Package for approval and system accreditation by an appointed DOC official.

(3) Upon receipt of the Security Assessment Report and Authorizing Official's written accreditation decision from the COR,…