1333MD21BNEEB0006_Synopsis_Final.pdf

The Department of Commerce/National Oceanic and Atmospheric Administration/National Environmental Satellite Data and Information Service (DOC/NOAA/NESDIS), intends to award a Purchase Order pursuant to Simplified Acquisition Procedures under the authority of FAR Part 13. The requirement is being issued for a 12-month base period and three additional 12-month option periods pursuant to FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000).

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format at FAR Subpart 12.6., as supplemented with additional information included in this notice, and is being conducted pursuant to Acquisition Circular FAC 2021-05 Effective 10 Mar 2021 Part Subpart 12.6 and FAR Part 13. The Request for Quote (RFQ) number 1333MD21BNEEB0006

The acquisition is being conducted as a full and open requirement. The intended procurement will be classified under North American Industry Classification System (NAICS) 517410 - Size Standard 12.5M.

THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING

REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

1. Background:

The mission of the National Environmental Satellite, Data, and Information Service (NESDIS) Office of Satellite and Product Operations (OSPO), is to manage and direct the operation of the National Oceanic and Atmospheric Administration’s (NOAA's) satellites, the acquisition of remotely sensed data, and the central ground facilities which ingest, process, and distribute environmental satellite data and derived products. The OSPO Satellite Analysis Branch (SAB) serves as the operational focal point for near real-time imagery products and multidisciplinary environmental analyses within NESDIS. Specifically, the Marine Pollution Desk within SAB monitors U.S. coastal waters for marine pollution events such as accidental or intentional crude oil discharges and marine debris. SAB requires high resolution multispectral and Synthetic Aperture Radar (SAR) satellite imagery for these monitoring purposes.

2. Objective:

The objective of this effort is to create a resource for which SAB is able to obtain near, real-time and retrospective satellite imagery to support rapid emergency/disaster response through remote sensing.

Specifically, this procurement is for SAR imagery and provides for the manner in which SAB shall acquire said imagery for the production of satellite-based products for distribution to our customers.

3. Requirements Provide 24x7 support to SAB in the form of satellite imagery acquisition, processing and delivery. The contractor shall deliver SAR satellite imagery in accordance with the assigned specifications outlined below in Table 1 - Data Requirements and adhere to the established Data Types and Data tasking outlined in section 4 below.

Table 1 - Data Requirements

Requirement(s) Type Description of Requirement

Satellite Imagery Type Synthetic Aperture Radar

Geographic Tasking Capability

Worldwide

Ground Imagery Resolution (Near Real-Time) < 2m in High resolution mode

Radar Type X-Band

Imagery Polarization VV

Delivery Latency (Post Capture)

< 8 hours, But lower than 5 hrs is ideal

Imaging Capability Minimum 10x daily for any given geographic point; 24 x 7 tasking availability

EULA/Sharing Must be able to share original image across NOAA and with close academic/research collaborators

4. Data Types and Cost This acquisition covers the purchase of tasked/near real-time and retrospective SAR imagery. The costs vary with the type of imagery and the respective age of the data. The specifics of the incident and the coverage of each imagery type will dictate the data type ordered.

Table 2 - Unit image cost for near real-time (new) imagery

Product Name

Cost per image (near real-time)

Stripmap

Spotlight

ScanSAR

Table 3 - Unit image cost for retrospective (archived) imagery

Product Name

Cost per image (archived)

Stripmap

Spotlight

ScanSAR

5. Data Tasking SAB personnel shall be granted authority to initiate services for the acquisition of tasked/near real-time and/or archived satellite imagery on a 24x7 basis for instances that require remote sensing. For events requiring immediate coverage, requests for new satellite imagery shall be received, tasked, acquired and delivered no later than 24 hours after the initial request.

Commerce Acquisition Regulation (CAR) clauses:

CAR 1352.201-70 Contracting Officer's Authority (APR 2010) CAR 1352.209-73 Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352.233-70 Agency Protests (APR 2010) {Fill-in paragraph "b": Department of Commerce, NOAA, NESDIS, Field Delegate 1335 East West Highway, room 8472, silver Spring, MD 20910; fill-in paragraph "c": U.S Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230}

The following FAR clause is provided in full text:

FAR clause 52.212-2, EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (1) The offerors capability to successfully perform the contract

6. TECHNICAL EVALUATION CRITERIA

The Government anticipates awarding a Purchase Order resulting from this Request for Quotation to the responsible offeror whose proposal results in the best value to the Government, considering both price and non-price factors. “Best value” means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement.

The evaluation criteria below will be used to evaluate the Contractor’s quotation is significantly more important than price. As the technical quotations become closer in quality, price increases in relative importance.

TECHNICAL CRITERIA

IMAGERY TYPE = SAR (Synthetic Aperture Radar) EM FREQUENCY = X BAND (Section of the electromagnetic spectrum between 8.0 - 12.0 GHz) IMAGERY POLARIZATION = VV (orientation of the electric field vectors) IMAGERY RESOLUTION = <2m in Highest resolution mode DELIVERY LATENCY (POST CAPTURE) = <8 hours, But the lower than 5 hrs is ideal IMAGING CAPABILITY = Minimum 10x daily imaging distributed throughout the day so each spot within our Area of Interest can be imaged within 3 hours of notification.

EULA/SHARING = Must be able to share original images across NOAA and with close academic/research collaborators. The distribution of the number of units for each of the imaging modes will fluctuate each year of the order.

2) Price.

7. PRICE TABLE

The Government shall evaluate the submissions by Contract Line Item Numbers (CLIN), and by evaluating the unit prices proposed for each Year (YR).

CLIN IMAGING MODE

(Product Name)

YR 1

UNIT PRICE

YR 2

UNIT PRICE

YR 3

UNIT PRICE

YR 4

UNIT PRICE

0001 Stripmap (near real time)

0002 Spotlight (near real time)

0003 ScanSAR (near real time)

0004 Stripmap (archived)

0005 Spotlight (archived)

0006 ScanSAR (archived)

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

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

(End of Provision)

The following FAR Provisions and Clauses are incorporated by reference:

52.212-1, Instructions to Offerors (OCT 2015) 52.212-3, Offeror Representations and Certifications-Commercial Items (APR 2016) 52.212-4, Contract Terms and Conditions-Commercial Items (MAY 2015) 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Items (JAN 2021) applies to this

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

In addition, the following additional FAR clauses cited in the clause at paragraph (b) are applicable to this acquisition:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (NOV 2015) 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.219-28, Post Award Small Business Program Representation (JUL 2013) 52.222-3, Convict Labor, (JUN 2003) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) 52.222-21, Prohibition of Segregated Facilities, (APR 2015) 52.222-26, Equal Opportunity, (APR 2015) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50, Combating Trafficking in Persons (MAR 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or provided by Kaspersky Lab and other covered entities (JUL 2018) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (MAY 2014) 52.225-13, Restrictions on Certain Foreign Purchases, (JUN 2008) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management, (JUL 2013) 52.239-1, Privacy or Security Safeguards (AUG 1996) 52.232-39, Unenforceability of Unauthorized obligations (JUN 2013)

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.225-1, Buy American Act -- Supplies, (MAY 2014)

In addition, the following additional FAR clauses cited are in full text

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

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 Items. 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.

https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(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) Representation. 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 https://www.sam.gov/

(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)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in 4.2105(c), insert the following provision:

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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".

(1) Representation. The Offeror represents that it □ does, □ 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND

RESPONSE POLICY (MAY 2018) In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy (reference https://www.corporateservices.noaa.gov/ames/ administrative orders/chapter_202/202-1106.html), it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment.

NOAA prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for NOAA. (a) Definitions. Contractor Employees - The term "contractor employees" as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members. Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim. Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true: Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment; Submission to or rejection of such conduct by an individual is used as the basis https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ for employment decisions affecting such individual; The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment. The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient's sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures. (b) Requirements.

1. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment. 2.

The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor. 3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the Contracting Officer's Representative (COR), subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6,.07, Reporting from Remote Locations. 4.

Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants' needs are addressed. 5. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor's written policy (where applicable). 6. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within business days [30 unless a different number is inserted] of contract award or the date a contractor employee is assigned to perform under the contract, as applicable. Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion. Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance. 7. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA's Workplace Violence Program Manager. A link to the website including the required elements of the training is provided at: https://www.noaa.gov/ organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed. 8. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training. 9.

NOAA's Workplace Violence Program Manager, COR, or CO may periodically review the contractor's training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor. 10. Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of NAO 202-1106. 11. The contractor shall provide a copy of this solicitation and contract language and NAO 202-1106 to contractor employees. (c) Sexual Assault/Sexual Harassment (SASH) Helpline. For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee. All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week. The NOAA SASH helpline is accessible through a variety of channels, including:

Phone: 1-866-288-6558 Website & Online Chat: http://NOAASASHHelpline.org Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores) Text: (202) 335-0265 (d) Confidentiality.

Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. "Confidentiality" means that the information shall only be shared with others who have a need to know the information to conduct their official duties. (e) Remedies. In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in: 1. Requiring the Contractor to remove a contractor employee or employees from the performance of the contract; 2. Requiring the Contractor to terminate a subcontract; 3. Suspension of contract payments until the Contractor has taken appropriate remedial action; 4. Termination of the contract for default or cause, in accordance with the termination clause of this contract; 5. Suspension or debarment; or 6. Other appropriate action.

1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016) (a) The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to: (1) Allow contractors to better prepare for and propose on business opportunities. (2) Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from. (3) Identify constraints in transparency and process. (b) The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA. (c) Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer#s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer. (d) There are several constraints to the scope of the AGO Ombudsman’s authority, for instance: (1) Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving AÂ76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.). (2) The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes. (3) The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance. (4) The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions (5) The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer. (6) The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the U.S.

Government. (7) The AGO Ombudsman is not NOAA#s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity). (e) After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration.

Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues. (f) The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials. (g) Questions regarding items (a) through (f) within this language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.

In order to comply with the Debt Collection Improvement Act of 1996, ALL Vendors must be registered in the System for Award Management (SAM) to be considered for an award of a Federal contract. For information regarding registration in SAM, contact the SAM website at www.sam.gov. Additionally, each offeror must obtain, and provide with the quote, their nine-digit Dun and Bradstreet (DUNS) number.

All questions pertaining to this RFQ must be submitted in writing to Joel.L.Perlroth@noaa.gov. (E-mail only) by 1:00 P.M. EST on August 22, 2019. All responsible sources may submit a quotation which shall be considered by the agency. Quotes must be submitted via electronic means (e-mail) by 1:00 P.M. EST on August 26, 2019; any award resulting from this RFQ will be made based on meeting technical specifications, delivery date, and price. Quotes must be submitted electronically via e-mail to Joel.L.Perlroth@noaa.gov. The anticipated award date is on or about August 28, 2019.

6. IT Security Requirements for Low Risk Contracts

The contractor must comply with the IT Security requirements of the Department of Commerce as outlined in Commerce Acquisition Regulation (CAR) 1352.239-72, Security Requirements For Information Technology Resources (April 2010). CAR 1352.239-72, section (d) includes the DOC IT Security Program Plan, the NOAA IT Security Manual, and the NESDIS IT Security Handbook. The contractor must also comply with FAR Clauses 52.204-21, 52.224-1, 52.224-2 and 52.239-1.

Contractor personnel will be screened in accordance with the requirements for Low Risk contracts as specified by CAM 1337.70 section 2.2 (October 2015); specifically, in accordance with CAR 1352.237-71, Security Processing Requirements—Low Risk Contracts (April 2010). Any access by contract personnel who are Foreign Nationals must be in accordance with the requirements of CAR 1352.237-73, Foreign National Visitor and Guest Access to Departmental Resources (APR 2010).