Sol_1332KP25R0021.pdf

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA)

Commercial Weather Data Pilot (CWDP) Ocean Surface Winds Pilot Study

REQUEST FOR PROPOSAL (RFP) SOLICITATION

This is a request for proposal solicitation for commercial items prepared in accordance with the format in Subpart 12.6, in conjunction with the Simplified Procedures for Certain Commercial Items in Subpart 13.5, and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and an additional written solicitation will not be issued.

The solicitation number for this procurement is 144016-25-0013 and is hereby issued as a request for proposals (RFP).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2025-04, effective June 11, 2025.

The Government intends to award one or more FIRM-FIXED PRICE (FFP) contracts. This is a 100% total small business set aside. The associated NAICS code is 518210-- Data Processing, Hosting, and Related Services with a corresponding small business size standard of $40.0 million.

Contract Line Item Numbers (CLINs) are to be determined based on the awarded quantities.

Description of requirements for the items to be acquired is included in Section C, "Statement of Work."

Place of Delivery: Data shall be submitted as set forth in Section C, "Statement of Work."

52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (SEP 2023) applies to this acquisition. Addenda to 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services, are included in Section L, "Instructions and Evaluation."

52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021) applies to this acquisition as set forth in Section L, entitled "Instructions and Evaluation."

The Offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services (MAY 2024), included below in Section I, "Solicitation Provisions and Required Certifications," with its proposal.

The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services (NOV 2023) applies to this acquisition. These terms and conditions will be incorporated by reference in any resulting award.

The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services (JAN 2025) applies to this acquisition, including the additional FAR clauses cited in the clause, as set forth in Section I, "Additional Terms and Conditions," which will be included in any resulting award.

Additional contract requirements, terms, and conditions can be found in Section C, "Statement of Work," and Section I, "Additional Terms and Conditions."

Defense Priorities and Allocations System (DPAS) and assigned ratings do not apply.

Proposals are required to be received in the contracting office no later than 3:00 P.M., Eastern Time on July 8, 2025.

All proposals must be emailed to the attention of Suzanna Espinoza, Contracting Officer at:

suzanna.espinoza@noaa.gov and Bryton Curtis, Contract Specialist at: bryton.curtis@noaa.gov.

Questions on this solicitation must be submitted to Bryton Curtis at bryton.curtis@noaa.gov and Suzanna Espinoza at suzanna.espinoza@noaa.gov, no later than 2:00 PM Eastern Time on June 25, 2025. Answers to any questions will be provided to all potential offerors via amendment to the solicitation.

For information regarding the solicitation, the Contracting Officer and Contract Specialist may be contacted via email at suzanna.espinoza@noaa.gov and bryton.curtis@noaa.gov. Telephone calls will not be accepted. Instructions for the submissions of proposals are presented in Section L, "Instructions and Evaluation." Offerors are responsible for ensuring timely submission of proposals. Offerors are responsible for ensuring proposals are complete, including the requirements and certifications set forth in Section I, "Solicitation Provisions and Required Certifications," and Section L, "Price/Availability Schedule." Multiple emails may be sent in order to accommodate large file sizes.

Attachments:

Section C – Description/Specifications

• Statement of Work

Section I – Contract Clauses

• Additional Clauses

• Solicitation Provisions and Clauses

Section L – Instructions, Conditions, and Notices to Bidders

• Instructions and Evaluation

• Price/Availability Schedule mailto:suzanna.espinoza@noaa.gov mailto:bryton.curtis@noaa.gov mailto:bryton.curtis@noaa.gov mailto:suzanna.espinoza@noaa.gov mailto:suzanna.espinoza@noaa.gov mailto:bryton.curtis@noaa.gov

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 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 CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

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 Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. 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. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

1332KP25R0021

See Schedule See Schedule

SIAD-RED

1325 EAST WEST HWY

SSMC2, 11th FLOOR

SILVER SPRING MD 20910

07/08/2025 1500 ED

BRYTON CURTIS

SIAD-RED 100.00

SUZANNA ESPINOZA

518210

$40

06/17/2025

NEEA0002

ADMINISTERED BY:

1325 EAST WEST HWY

SSMC2, 11th FLOOR

SILVER SPRING MD 20910 USA

DELIVER TO:

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) 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 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 RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

NOAA/NESDIS/OSAAP

1335 EAST WEST HWY

SSMC1, ROOM 5300

SILVER SPRING MD 20910 USA

Period of Performance: 08/01/2025 to

07/31/2026

0001 1 EAPhase 1—Data Delivery (6-9 months): In this phase, the Contractor shall supply a series of data deliveries for a period of 9 months meeting the requirements of Sections 2-5.This period also includes Pre-Delivery activities.

See SOW for details.

Product/Service Code: R427

Delivery: 08/01/2025

Period of Performance: 08/01/2025 to

04/30/2026

0002 1 EAPhase 2—Evaluation (3 months): In this final phase, the Contractor will be available for limited reachback engineering/technical support as needed for problem resolution and technical assistance, as the Government evaluates the supplied dataset.

Product/Service Code: R427

Delivery: 05/01/2026

Period of Performance: 05/01/2026 to

07/31/2026

1332KP25R0021 BASE

Section C - Description/Specifications Section I - Contract Clauses Section L - Instructions,Conditions, and Notices to Bidders

Section C - Description/Specifications

0001 Statement of Work

I. INTRODUCTION

Background

Global Navigation Satellite System Reflectometry (GNSS-R) is a remote sensing technique that utilizes signals from positioning, navigation, and timing (PNT) satellites, such as GPS and Galileo, to measure and study properties of the Earth's surface. NOAA has previously performed significant scientific work on investigating the utility of both government-owned and commercially sourced GNSS-R data for use in numerical weather prediction (NWP), deriving ocean surface wind (OSW) speeds, characterizing sea ice, measuring soil moisture, and monitoring flooding and inundation.

A key NOAA mission need is for accurate and comprehensive measurements of global ocean surface winds. Wind speed measurements are important to meteorologists and oceanographers in the preparation of marine weather forecasts for tropical cyclones, winter storms, and ocean predictions.

Winds are also related to key processes in the hydrological cycle of evaporation and precipitation.

Retrieving ocean surface wind (OSW) speeds is a promising application of GNSS-R. In GNSS-R reflectometry, GNSS signals emitted by PNT satellites are reflected off the ocean surface, and the reflected signals are received by antennas on GNSS-R satellites. By analyzing the characteristics of reflected signals, valuable information about the ocean surface can be derived, including wind speeds.

The interaction between GNSS signals and the ocean surface causes changes in the signal's properties, such as amplitude, phase, and polarization. These changes are influenced by the roughness of the ocean surface, which is directly related to wind speed. By measuring and analyzing these changes, GNSS-R can provide estimates of OSW speed.

The use of GNSS-R for OSW speed retrievals has the potential to allow for regular monitoring of surface winds over large areas at a relatively low cost. GNSS-R can complement existing observation systems and has the potential to improve forecast accuracy. By leveraging GNSS-R wind speed measurements, researchers and scientists can contribute to improving weather forecasting and tropical cyclone prediction.

NOAA GNSS-R Ocean Surface Winds

A GNSS-R NASA Earth Venture mission was launched in 2016 to investigate measuring surface wind speeds in tropical cyclones to improve storm forecasting. This mission, the Cyclone Global Navigation Satellite System (CYGNSS), consisted of a constellation of eight micro-satellites equipped with Delay Doppler Mapping instruments receiving direct and reflected signals from GNSS satellites. In 2019, NOAA conducted an independent assessment of CYGNSS GNSS-R applicability for NOAA operations. In the assessment, NOAA worked with NASA and the CYGNSS scientific community to investigate the viability of GNSS-R and identify requirements for future GNSS-R constellations. The assessment identified limitations with the CYGNSS constellation and GNSS-R data processing that prevented data from meeting NOAA wind product requirements for user applications and analysis. As a part of this activity, NOAA developed a GNSS-R OSW product in-house which addressed many of the issues with existing GNSS-R wind products.

The NESDIS Commercial Weather Data Pilot Program (CWDP) pursues demonstration projects on behalf of NOAA and assesses the viability of assimilating commercially provided satellite data and products to diversify NOAA’s portfolio of data collection capabilities. In 2024, the NOAA NESDIS Commercial Data Program (CDP) conducted an initial CWDP GNSS-R Project using data from vendor Spire Global (Spire).

In the Pilot, NOAA adapted the NOAA GNSS-R OSW product to ingest Spire data, and also investigated the utility of derived wind speed products developed by the commercial vendor.

The NOAA wind product has now been upgraded and successfully applied with CYGNSS and commercial (Spire Global) data. As a result of the Pilot, the NOAA GNSS-R wind product now produces results for both commercial (Spire) and government (CYGNSS) data. A thorough experiment using the NOAA wind product within the NOAA Data Assimilation (DA) system on next generation commercial GNSS-R system data represents the next step to fully assess the potential for NOAA operations.

CWDP GNSS-R Ocean Surface Winds Follow-on Pilot

Through the CWDP, NOAA now intends to conduct a new CWDP Pilot that may help NOAA meet its terrestrial weather mission objectives. For this Pilot Study, NOAA will assess the quality and impact of available commercial GNSS-R observations for the determination of OSW characteristics. NOAA will assess the impact of antenna gain in GNSS-R systems on data signal to noise ratio (SNR) and on the ability to retrieve stronger tropical cyclone winds.

II. DATA SPECIFICATIONS

1. The Contractor for this Pilot Study shall supply GNSS-R observation data and derived products collected on-orbit from one or more satellites. The observation data will primarily be used for the evaluation of commercial GNSS-R systems for OSW speed measurement and numerical weather prediction.

2. The requirements set forth below constitute the specific operational measurement requirements for the Pilot Study. Requirements are categorized as threshold values, representing minimum acceptable levels, and objective values, representing desired levels of performance with increased utility. Threshold and objective requirements specified in this document are not necessarily indicative of requirements that may be developed for future contracts or solicitations.

3. Due to the nature of this Pilot Study as a pilot for GNSS-R applications, it is understood that contractors may not be able to meet the objective requirements presented. Contractors proposing to deliver data not meeting an objective requirement during the Pilot Study data delivery period should indicate the nature of the discrepancy, reason for not meeting the requirement, the expected impact, and any plans to improve capabilities to meet the requirement during the course of the pilot.

III. THRESHOLD DATA REQUIREMENTS

Data supplied for the Pilot Study are required to meet the following threshold requirements.

1. GNSS-R observations shall be delivered at the following levels:

a. Level 0 data including:

i. Full resolution DDMs.

ii. Compressed DDMs with a reduced range of delay and Doppler.

b. Level 1 products including:

i. Calibrated DDMs. Observations will include all data necessary to achieve fully calibrated DDMs and normalized bistatic radar cross sections (NBRCS). Data must be radiometrically calibrated to correct for system biases, antenna patterns, and platform effects. DDMs may be calibrated to Watts or calibrated using the ratio of direct to reflected received power (Watts/Watt).

ii. Specular reflection point location estimates.

c. Related data provided to analysis team:

i. Quality flags generated in processing pertaining to all levels of provided data and relevant documentation. Quality flags will include signal quality, land/ocean discrimination, ice flags, and navigation or receiver errors.

ii. All data used for calibration/validation and product development.

iii. Data readers and format descriptions (i.e., reader software source, data dictionaries, etc.) necessary for processing and analysis.

iv. Algorithm theoretical basis documents (ATBD)

2. Data delivery shall follow the following processes:

a. The data delivery process along with file naming conventions, data format, and metadata format shall follow methods and protocols to be determined by NESDIS including OSGS NESDIS Common Cloud Framework (NCCF) secure ingest.

b. The data delivery process shall follow NOAA security requirements (see IX. SECURITY

REQUIREMENTS)

IV. THRESHOLD OBSERVATION REQUIREMENTS

1. GNSS-R data observations shall meet the following quality and quantity requirements:

a. Near real-time data with data received less than 6 hours after observation.

Continuous data collection with all recorded data provided.

b. Data delivery of CYGNSS-class peak gain (> 12 dBi) near-nadir GNSS-R observations and/or data delivery of high gain (> 18dBi) beamforming near-nadir GNSS-R observations.

c. Greater than 200 tracks per day of near-nadir GNSS-R observations when averaged over the delivery period.

d. Separation of ocean and land data into separate data streams to make efficient access for separate applications.

e. GNSS-R observation capabilities of:

i. Spatial resolution of 25 km x 25 km or better for OSW determination.

f. All purchased GNSS-R observations for the Pilot Study shall be unique and not provided to any U.S. Government agency or affiliate through any other contract with similar licensing (see X. DATA RIGHTS).

V. OBJECTIVE OBSERVATION REQUIREMENTS

1. GNSS-R data observations should meet the following quality and quantity requirements:

a. Greater than 750 tracks per day of CYGNSS-class antenna gain (> 12 dBi) near-nadir

GNSS-R observations, when averaged over any 1 month period. The contractor is invited to include plans and timelines to work towards this capability during the delivery period.

b. Greater than 750 tracks per day of high antenna gain (> 18dBi) beamforming near-nadir GNSS-R observations, when averaged over any 1 month period. The contractor is invited to include plans and timelines to work towards this capability during the delivery period.

c. Continuous data delivery for a period of 9 months. Collection of ocean GNSS-R data during the Atlantic and East Pacific tropical storm season (August – November) and during the winter Northern Pacific extratropical cyclone season (December – April).

d. Near real-time data with data received less than 140 minutes after observation.

Continuous data collection with all recorded data provided. Note: Data delivery goals for operational assimilation are for 50% of observations within 1 hour and 100% within 90 min. The contractor is invited to comment on planning and timelines to work towards this capability.

e. Tasking of satellite(s) and/or optimization of system resources to provide the highest possible quantity of system tracks per day during tropical cyclone events.

VI. GENERAL MEASUREMENT REQUIREMENTS

Measurements for the Pilot Study are preferred to meet the following objective requirements:

1. Data shall be provided only from instruments on satellites with an assigned World Meteorological Organization (WMO) satellite identifier or a unique, internationally recognized identifier such as the COSPAR ID.

2. GNSS-R observations shall be from GPS, GLONASS, BeiDou, or Galileo systems. GNSS-R observations collected from other Signal of Opportunity (SoOP) sources are out of scope for the Pilot Study, but may be provided as additional data.

3. Navigation solutions calculated onboard the spacecraft shall be provided, including receiver clock offsets and time-tagged Earth-Centered-Earth-Fixed position and velocity.

4. Navigation solution data shall be provided at intervals of 30 seconds or less.

5. Satellite attitude quaternions shall be collected concurrently with all data at intervals of 30 seconds or less.

6. Metadata shall include, at a minimum, for each satellite/instrument configuration:

a. Satellite mass, satellite coordinate system geometry, center of mass location, external dimensions including any protruding appendages (e.g., solar array, antennae) and, if appropriate, their variation with time (e.g. articulating solar panel).

b. Antenna phase center offset and phase center variation measurements and corresponding uncertainty estimates representing the as installed on-orbit configuration for all relevant frequencies, in ANTEX format (https://files.igs.org/pub/station/general/antex14.txt).

c. Antenna gain patterns representing the as installed on-orbit configuration for all relevant frequencies, and file format documentation.

d. Measurements of sensor bias and/or drift, if appropriate.

7. All satellite/instrument configuration changes shall be logged and notifications shall be sent to the Government point of contact. All planned satellite constellation changes for the duration of the Pilot shall be sent to the Government point of contact.

VII. CONTRACTING OFFICER’S REPRESENTATIVE

In accordance with CAR Clause 1352.201-72, a Contracting Officer's Representative (COR) will be designated at award. The COR may provide technical direction and has the authority to accept delivery.

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 of the award. 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.

VIII. PERFORMANCE SCHEDULE

Pre Delivery From the period of contract signature until the beginning of data delivery, the Contractor and the Government agree to coordinate as necessary to enable acquisition and processing of the supplied datasets. The Contractor shall supply the necessary technical documentation which may include format specifications, calibration data, ATBD, and any other information that will be needed to ingest and process the data. Delivery mechanisms and data handling processes will be communicated to the Contractor. A delivery of 24-hours of sample data will be required and used to test and adjust the delivery and data flow process. The Contractor will work with the Government to determine optimal collection strategies for data collection during the Data Delivery period.

The Pilot study will be conducted in two phases :

Phase 1: Data Delivery - 6-9 months In this phase, during the pilot delivery period of 9 months, the Contractor shall supply a series of data deliveries for either a period of 6 or 9 months meeting the requirements of Sections II-VI. The start and end date/time of this data delivery period will be coordinated with the CO and COR. In this phase, the Contractor will be available for engineering/technical support as needed for problem resolution and technical assistance. The Contractor will participate in monthly project meetings and will provide monthly project progress reporting.

Phase 2: Evaluation - 3 months In this final phase, the Contractor will be available for limited reach-back engineering/technical support as needed for problem resolution and technical assistance, as the Government evaluates the supplied dataset.

IX. SECURITY REQUIREMENTS

The Contractor shall comply with CAR 1352.239-72, section (i). The Contractor may request COR approval of alternate security accreditation methodologies for compliance with section (i) including:

information security assessment methodology promulgated by the U.S. Federal Government

(specifically, National Institute of Standards and Technology (NIST) Special Publication (SP) 800-37 and NIST SP 800- 53), or internationally recognized private industry information technology (IT) security frameworks (such as International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 27033, 27001, 27006 and 27002, or Control Objectives for Information and Related Technology (COBIT)). The Contractor will provide an analysis for alternative methodologies compared to SP 800-53 high impact baseline identifying any gaps. The Contractor shall deliver files to NOAA ingest using either Hypertext Transfer Protocol Secure (HTTPS) (preferred) or Secure File Transfer Protocol (SFTP). The Contractor shall use a data integrity method compliant with the NCCF ICD and approved by

NOAA.

X. DATA RIGHTS

Per this contract, the Contractor grants NOAA a perpetual, non-exclusive, irrevocable, worldwide license to create, use, and reproduce derived and value-added products with the data, in any manner and for any purpose, and to authorize others to do so on its behalf (including other contractors and recipients of financial assistance awards).

Furthermore, the Contractor shall provide NOAA the right to distribute all data to all U.S. Government agencies and partnering government or intergovernmental entities, including National Meteorological and Hydrological Services, WMO-designated Regional Specialized Meteorological Centers, members of the Coordination Group for Meteorological Satellites, university research centers, and other entities responsible for national meteorological, space weather, or hydrological services, immediately after receipt at NOAA, for non-commercial use but not for further distribution.

Section I - Contract Clauses

0004 Additional Clauses

Limited Rights Notice (Dec 2007)

(a) These data are submitted with limited rights under Government Contract No. _____ (and subcontract ______, if appropriate). These data may be reproduced and used by the Government with the express limitation that they will not, without written permission of the Contractor, be used for purposes of manufacture nor disclosed outside the Government; except that the Government may disclose these data outside the Government for the following purposes, if any; provided that the Government makes such disclosure subject to prohibition against further use and disclosure:

The Contractor shall grant NOAA a Limited License, allowing it to provide free access to data upon delivery to NOAA, not for further dissemination for commercial purposes, to U.S. government agencies, WMO-designated National Meteorological and Hydrological Services, Regional Specialized Meteorological Centers, and members of the Coordination Group for Meteorological Satellites.

(b) This Notice shall be marked on any reproduction of these data, in whole or in part.

(h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor’s obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government such rights, the Contractor shall promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer.

(i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government.

Supply Chain Risk Assessment (SCRA)

NOAA’s Office of the Chief Information Officer (CIO) determined this acquisition is subject to a “Supply Chain Risk Assessment” (SCRA) IAW Dept. of Commerce (DOC) Procurement Memorandum (PM) PM 2015-08 Supply Chain Risk Assessment (SCRA) Requirements for the Acquisition of Moderate-Impact and High-Impact Information Systems Section 5 that provides Department-wide direction to DOC Contracting Officers and Purchase Card Holders to implement the supply chain risk assessment requirements for the acquisition of new FIPS-199 moderate-impact and high-impact information systems set forth in Section 515 of the Consolidated and Further Continuing Appropriations Act, 2015, and conforms with DOC's Commerce Information Technology Requirement (CITR) CITR0231 Pre- Acquisition Supply Chain Risk Management Assessment requirements. A SCRA is the process by which DOC’s Office of Security (OSY) conducts a review of the proposed information system (including equipment and/or software that make up the information system) for risk of cyberespionage or sabotage and an analysis of the presumptive awardee(s) against available and relevant threat information in order to determine whether award to the presumptive awardee(s) is in the national interest of the United States. Therefore, the Government has included the following required Section H terms and conditions in the solicitation as well as will include in the anticipated https://www.commerce.gov/sites/default/files/oam/PM%202015-08%20Supply%20Chain%20Risk%20Assessment%20%28SCRA%29%20Reqts%20for%20Acq.%20of%20Moderate-Impact%20and%20High-Impact%20Info%20Systems.pdf https://www.commerce.gov/sites/default/files/oam/PM%202015-08%20Supply%20Chain%20Risk%20Assessment%20%28SCRA%29%20Reqts%20for%20Acq.%20of%20Moderate-Impact%20and%20High-Impact%20Info%20Systems.pdf https://www.commerce.gov/sites/default/files/oam/PM%202015-08%20Supply%20Chain%20Risk%20Assessment%20%28SCRA%29%20Reqts%20for%20Acq.%20of%20Moderate-Impact%20and%20High-Impact%20Info%20Systems.pdf resulting contract.

Notice of Supply Chain Risk Assessment (Sep 2015) The Department of Commerce will review the supply chain risk and conduct a risk assessment for this acquisition. Offerors and awardees shall provide any information the Department deems necessary to facilitate its Supply Chain Risk Assessment (SCRA) including, but not limited to, the data requested by the Supply Chain Risk Assessment Information (Sep 2015) questionnaire included in this solicitation (Sect. S.2, SCRA Questionnaire). By submission of its proposal, the Offeror acknowledges the Department may reject any offer without recourse or explanation if the Department determines the proposal presents an unacceptable risk.

(End)

Non-Destructive and Destructive Testing (Sep 2015)

The Department of Commerce may engage in non-destructive and/or destructive testing of any information system, equipment and software to determine whether it will negatively affect the security or performance of a Department of Commerce information system.

(End)

Supply Chain Risk Assessment Information (Sep 2015)

The offeror/contractor shall submit the following information with its proposal or after award at the Government's request:

(A) 1. Its identity, including that of each parent and/or subsidiary corporate entities.

2. The identity of any proposed subcontractors (including but not limited to suppliers, distributors, and manufacturers) involved in its supply chain.

3. The degree of any foreign ownership in or control of the entities identified under (A)(1) or (2).

4. The names and dates of birth of the offeror's/contractor's corporate officers identified under (A)(1) or (2), including this information for subcontractors (including but not limited to suppliers, distributors, and manufacturers).

5. Whether the Offeror/Contractor and subcontractors (including but not limited to suppliers, distributors, and manufacturers) maintain a:

i. Formal security program that includes personnel security;

ii. Information security program;

iii. Physical security program;

iv. Cyber security program; and

v. Supply chain risk management program.

6. The name and locations of each facility where any information system, IT hardware and/or software to be delivered under the contract or task or order was designed, manufactured, packaged and stored prior to distribution.

7. Whether a separation of duties exists during the development process of any information system, IT hardware and/or software to be delivered under the contract or task order.

8. The means and method for delivering any information system, IT hardware and/or software to be delivered under the contract or task order, including the name(s) of any entity responsible for transport or storage. This information should address whether the information system, IT hardware and/or software will be direct-shipped to the Department.

9. Whether the proposed information system, IT hardware and/or software includes a service agreement required by the contract or task order, and, if so, the identity of the contractor/subcontractor(s) who will provide this follow-on service, and how the services will be delivered/deployed (e.g., via on-site service? Remotely via internet?)

10. The identity of the entity that will provide disposal services of any information system, IT hardware and/or software required by the contract or task order.

(B) The Government may request and the offeror/contractor shall provide additional information if necessary.

(C) The offeror/contractor shall include this language in all subcontracts (including but not limited to those with suppliers, distributors, and manufacturers) involving the development and delivery of an IT system, IT hardware and/or software under this acquisition.

(D) Supply Chain Risk Assessment Information shall be marked as contractor bid proposal information and source selection information in accordance with FAR 3.104-4 and securely transmitted to the contracting officer.

(E) By submission of its offer and/or acceptance of this contract or contract modification, the offeror/contractor represents this information is accurate and complete. Offerors and contractors shall have a continuing obligation to amend any information that changes during the evaluation period prior to award and/or during the period of performance of the contract or task order(s).

(End)

Evaluation of Supply Chain Risk Assessment Information (Sept 2015)

The Department will evaluate the information provided to assess the supply chain risk associated with the offeror’s proposal and to determine if the award is in the national interest of the United States.

(End)

Novation Agreement for Acquiring Certain Information Technology (Sep 2015)

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

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

(End)

FAR 52.202-1 Definitions. (JUN 2020)

FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

FAR 52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)

FAR 52.204-7 System for Award Management. (NOV 2024)

FAR 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)

FAR 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

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

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after

August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

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

(i) For covered equipment-

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services-

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

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

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

(i) For covered equipment-

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services-

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

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

(End of provision)

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

FAR 52.209-7 Information Regarding Responsibility Matters. (OCT 2018)

(a) Definitions. As used in this provision-

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means-

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

FAR 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)

FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (MAY 2024)

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

(a) Definitions. As used in this provision-

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

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

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

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror.

No entity owns or exercises control of the highest level owner.

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude…