1333MF-21-Q-NFFM-0014_SF1449.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

NF-FM7000-21-00942

1333MF21QNFFM0014

SUSAN FAUX

SUSAN.FAUX@NOAA.GOV 508-495-2205

11:00 AM ET

FM702073

NMFS/NE FISHER SCI

CTR/F/NECX2,PRCH OFF

166 WATER ST

WOODS HOLE MA 02543

324110

1000 EMP

See Schedule see continuation page for line item details.

See Schedule

MAR 09, 2021

Please

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

1333MF21QNFFM0014

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 LOW SULFUR #2 DIESEL HEATING OIL FOR THE

JAMES J HOWARD MARINE SCIENCE LABORATORY

BUILDING HEATING SYSTEM. 74 Magruder Rd, Highlands, NJ 07732.

PERIOD OF PERFORMANCE 5/1/2021 - 4/30/2022.

DELIVERY DATE: 05/01/2021

SHIP TO:

OMI (SANDY HOOK) /F/NECX23

NOAA/NMFS 74 MCGRUDER ROAD

HIGHLANDS NJ 07732

FOB : Destination

1.00 LO

OPT

0002 LOW SULFUR #2 DIESEL HEATING OIL FOR THE

JAMES J HOWARD MARINE SCIENCE LABORATORY

BUILDING HEATING SYSTEM.

74 MAGRUDER RD, HIGHLANDS , NJ 07732

CLIN# 2 ( NOT TO EXCEED $18,000.00)

PERIOD OF PERFORMANCE 5/1/2021 - 4/30/2022.

DELIVERY DATE: 05/01/2021

SHIP TO:

OMI (SANDY HOOK) /F/NECX23

NOAA/NMFS 74 MCGRUDER ROAD

HIGHLANDS NJ 07732

FOB : Destination Period of Performance: 05/01/2021 to 04/30/2022

1.00 LO

PAGE 3 OF 39 1333MF21QNFFM0014

Table of Contents

STATEMENT OF WORK

INVOICING AND PAYMENT INSTRUCTIONS

Instructions to Offerors

PAST PERFORMANCE TEMPLATE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

52.223-3 I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)-- ALTERNATE I (JUL

1995)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.222-20CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT (JUN 2020)

52.232-1 PAYMENTS (APR 1984)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

52.247-34 F.O.B. DESTINATION (NOV 1991)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

52.212-5CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (NOV 2020)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

1330-52.222-70NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY (MAY 2018)... 20

1330-52.237-70CONTRACTOR COMMUNICATIONS

1330-52.237-72CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)

1330-52.243-70REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

1330-52.270-304NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-5AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-26COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

52.212-1INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2020)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

52.219-1SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2020)

52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

52.225-2 BUY AMERICAN CERTIFICATE (MAY 2014)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

PAGE 4 OF 39 1333MF21QNFFM0014

CLAUSES

STATEMENT OF WORK

PAGE 5 OF 39 1333MF21QNFFM0014

STATEMENT OF WORK

Heating Oil for Northeast Fisheries Science Center 74 Magruder Road and James J. Howard Laboratory

January 28, 2021

1.0 The National Marine Fisheries Service (NMFS), a part of the National Oceanic and Atmospheric Administration (NOAA) of the Department of Commerce (DOC), is a governmental agency charged with the mission of stewardship for living marine resources. James J. Howard Laboratory is located at 74 Magruder Road, Sandy Hook, NJ 07732.

2.0 General Requirements

2.1 Scope of Work. Contractor shall provide all plant, trained labor, equipment, supplies, transportation, and quality control necessary to provide delivery of low sulfur #2 diesel heating oil (fuel) to 74 Magruder Road, and the James J. Howard Laboratory Sandy Hook, New Jersey.

2.1.1 The contractor and sub-contractor (if utilized) shall be fully knowledgeable of all requirements of the contract documents and shall make themselves aware of all job site conditions that will affect their work. Contractor shall be responsible for the delivery and unloading of the product. Contractor shall execute operating procedures for the safe and professional delivery and unloading of the product. Work shall be accomplished in accordance with the terms and conditions of the contract in a safe and professional manner. Contractor is responsible for damage to any Government equipment, supplies, or facilities caused by Contractor personnel. Contractor shall respond to government inquiry and calls within 48hrs of notification by the government representative.

2.2 Place of Performance. The NEFSC and James J. Howard Laboratory 74 Magruder Road, Sandy Hook, New

Jersey 07732. Point of Contact (POC) will provide a 48-hour notice prior to delivery. POC will unlock oil tanks and POC shall witness the unloading process. POC identification and contact information will be provided at time of award.

2.3 Period of Performance. Performance is from May 1, 2021 through April 30, 2022.

2.4 Hours of Operation. Contractor shall perform work between the hours of 7:00AM – 3:30PM Eastern

Standard Time (EST) Monday through Friday with the exclusion of all federal holidays. The Federal Holiday home page can be found at www.opm.gov/fedhol.

3.0 Security Requirements. Security Clearances are not required. The Government reserves the right to deny access to Government facilities/property at any time, for any reason. The Government will not be held liable for any delays or breach of contract caused by refusal to allow entry.

3.1 Contractor employees and associated subcontractors performing under this contract MUST be U.S. citizens or MUST have established and maintain legal residence in the U.S., and be authorized by the US Government to work in the United States (i.e. Green card, worker authorization, etc.). All Contractor employees and all associated subcontractors performing under this contract MUST have at least one form of US Government issued photo identification (driver’s license, US passport, US work visa, etc.) for entry to the Government facility/property.

3.1.2 National Agency Check with Inquires (NACI). Not required. This is a low risk non IT service contract of 180 days or more which require a NACI for Contractor employees, or associated subcontractor(s) when access to a DOC owned, leased, or controlled facility is required for performance. This service does not require access of Contractor employees or associated

PAGE 6 OF 39 1333MF21QNFFM0014

subcontractor(s) into DOC owned, leased, or control facilities. Due to the POC establishing preset schedule where government employees will be present on site during the actual performance of Work, it has been determined that NACI for personnel performing under this contract will not be required.

3.1.3 Contractor employees and associated subcontractor personnel, vehicles, and property under their control are subject to search upon entering or exiting the installation, or at any point while on the installation. Any vehicles or personnel found in possession of prohibited items will be removed, and/or barred, from the installation and released to the appropriate civil authorities.

3.1.4 Government reserves the right to exclude or remove from the site any Contractor employee of the

Contractor or associated subcontractor whom the Government deems incompetent, careless, insubordinate, or otherwise objectionable, or whose continued employment on the contract is deemed by the Government to be contrary to the public interest.

4.0 Safety, Security, Fire Protection, Environmental Controls, Conservation of Utilities, and Compliance with Laws and Regulations.

4.1 Safety Requirements. Contractor shall take all necessary precautions to meet proper safety standards, and regulations of all local, state and federal codes and regulations.

4.1.1 Contractor shall record and report promptly to the CO and POC, all available facts relating to each instance of damage to Government property or injury to either Contractor or Government personnel.

4.1.2 If the Government elects to conduct an investigation of the accident/mishap, the Contractor shall cooperate fully and assist government personnel in the conduct of investigation until the investigation is completed.

4.1.3 While on Government property, Contractor shall not use a cell phone while operating a vehicle or other motorized equipment unless the operator is utilizing a hands-free device as such is prohibited by Federal regulations.

Motor vehicle regulations are strictly enforced and excessive violations may result in the loss of driving privileges on the Government facility.

4.1.4 While on Government property, smoking will only be in authorized designated areas.

4.2 Security. There are no specific security requirements for performance under this contract.

4.3 Fire Protection Requirements. The emergency telephone number for NEFSC/FSB East Falmouth, Massachusetts is 911. Contractor shall comply with government evacuation procedures.

5.0 Government Roles.

5.1 The Contracting Officer (CO) is the only individual with the authority to authorize changes within this contract that will have an effect on the scope, and monetary values (increase or decrease) of contract.

5.2 The Point of Contact (POC) is the individual designated and authorized in writing by the CO at contract award to perform administrative functions on the contract. The key role of the POC is to observe, document, and communicate Contractor performance to both the CO and Contractor. All coordination and correspondence should be forwarded through the POC to the CO. POC and alternate POC (if applicable) will be responsible for the inspection and acceptance of performance and any deliverables under the contract. The POC does NOT have authority to change the terms and conditions of the contract. When, in the opinion of the Contractor, the POC requests efforts outside the existing scope of the contract, the Contractor shall promptly notify the CO in writing. Contractor under

PAGE 7 OF 39 1333MF21QNFFM0014

such direction shall take no action until the CO has resolved the issue or has otherwise issued a modification to the contract. POC information is identified as: (to be determined at time of award).

6.0 Government Responsibilities:

6.1 Government shall inspect the Work performed under this contract. Any corrective action required as a result of the inspection will be accomplished prior to final monthly billing. Government will document instances of deficiencies.

6.2 Contractor may be notified of deficiencies in performance in writing by the POC/CO. Oral deficiency notifications will be confirmed in writing by the POC/CO. Contractor shall take prompt corrective action upon notice of deficiency. Prompt is defined as within 24 hours of notification.

6.3 Government personnel other than COs and the authorized POC, may, with CO coordination, observe

Contractor operations. However, these personnel may not interfere with Contractor performance or make any changes to the contract.

6.4 Government Furnished Property, Materials, Equipment and Services (GFP/M/E/S). Not applicable.

Government dumpsters shall not be used by the Contractor.

7.0 Contractor Roles, Responsibilities, and Tasks.

7.1 Contractor is shall ensure all employees; sub-contractors, vendors, and other company representatives are responsible for all means and methods as they relate to safety and shall comply with all applicable OSHA, NEC, NFPA, EPA, Government Agencies, Professional Associations, Councils, Institutes, Manufacturer, Laws, Cods and Standards concerning environmental pollution prevention control, transportation, and handling of fuels requirements (low sulfur #2 diesel heating oil).

7.1.1 Contractor shall follow all New Jersey, Environmental Protection Agency, Department of Transportation, licensing, certifications, training and requirements for the transport and delivery of fuels.

7.1.2 Contractor shall provide daily instructions to personnel performing under this contract to maintain a safe environment for the facilities’ occupants, including staff, visitors, customers and the occurrences of the general public on or near the work site. Contractor shall comply with the requirements of 29 CFR, Part 1910: Occupational Safety and Health Administration (OSHA). The Contractor shall promptly correct any non-complying work or conditions. The Government nor its representatives shall bear any responsibility for safety precautions at the project work site.

7.1.3 Contractor shall pay for and carry all required insurances and permits as required by the state of New

Jersey, EPA and DOT.

7.1.4 Contractor ensure all personnel performing fuel delivery services under this contract shall have a minimum of five (5) years’ experience in delivering and transporting fuel oil in the state of New Jersey.

7.1.5 Contractor shall provide protection of surrounding area during delivery, and shall immediately repair any damage caused, and clean up any debris caused by the contractor delivery process.

7.1.6 Contractor shall immediately inform the POC of any environmentally hazardous situations that may arise as well as contact required regulatory agencies.

PAGE 8 OF 39 1333MF21QNFFM0014

7.2 Contractor shall deliver (not to exceed the awarded cost) based on an estimated quantity of 50,000 gallons of low sulfur #2-diesel heating oil to 74 Magruder Road, and the James J. Howard Laboratory, Sandy Hook, New Jersey.

CLIN-0001 (Current product standards apply. Contractor must comply with the current national Fuel Quality Standards and (US) ASTM fuel quality standards for products produced or manufactured and supplied under this contract. The government reserves the right to test for compliance with these standards.

7.3 Contractor shall deliver optional quantity (only as executed by official modification) (not to exceed the awarded option cost) based on an estimated quantity of 10,000 gallons of low sulfur #2-diesel heating oil to 74 Magruder Road, and the James J. Howard Laboratory, Sandy Hook, New Jersey. CLIN-0002 (Current product standards apply. Contractor must comply with the current national Fuel Quality Standards and (US) ASTM fuel quality standards for products produced or manufactured and supplied under this contract. The government reserves the right to test for compliance with these standards.

7.4 Contractor shall deliver product to 74 Magruder Road and the James J. Howard Laboratory (directly across from 74 Magruder Road). There are two (2) underground storage tanks at this location. One tank on each side of Magruder Road.

7.4.1 Tank #1 – Tank capacity is 12,000 gallons. Gravity fill only.

7.4.2 Tank #2 – Tank capacity is 6,000 gallons. Gravity fill only.

7.5. Contractor shall adhere to the following delivery schedule. Deliver Schedule for CLINS 0001 & 0002 shall be on demand (as needed basis). Delivery shall be completed within 48 hours of request for delivery.

7.6 Contractor shall adhere to the following pricing method. Pricing shall be based on the rack price the day of delivery using the applicable/appropriate Oil Price Information Service (OPIS) Rack Price Index, plus vendor’s fixed mark-up price and other regulatory fees as provide in quote schedule. Pricing for fuels shall be in US currency calculated to 2 decimal places in accordance with the following:

7.6.1 If the 3rd decimal place is five (5) or greater, the 2nd decimal place is rounded up by one (1).

7.6.2 If the 3rd decimal place is less than five (5), the 2nd decimal place is not changed.

7.7 Acceptance of Product.

7.7.1 Contractor shall leave the delivery slip with the POC.

7.7.2 Non-Conformance: The government reserves the right to conduct quality testing. If said testing reveal that any supplied product is non-conforming, the following shall apply:

PAGE 9 OF 39 1333MF21QNFFM0014

7.7.2.1 The government will not be required to pay for any product found to be non-conforming. If payment has already occurred, then the contractor at its own cost will remove any non-conforming product supplied.

7.7.2.2 Contractor shall re-supply an equal amount of fuel that does conform, at no extra cost to the government.

7.7.2.3 Contractor accepts liabilities for any damages to government equipment due to the non-compliant product.

7.8 Contractor shall not cause or permit any hazardous material to be brought upon, kept or used in or about the premises by its agents, employees, or subcontractors without the prior consent of the Government. Hazardous materials that are necessary to the performance of this contract shall be used, kept, stored and disposed of in a manner that complies with all applicable laws regulating any such hazardous material brought upon or used or kept at the work site.

7.8.1 As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste, including but not limited to, those substances, materials, and wastes listed in the Department of Transportation hazardous Material Table (49 CFR 172.101) or by the Environmental protection Agency as hazardous substances (40CFR Part 68.130) and amendments thereto, petroleum products, or such other substances, material, and wastes that are or become regulated under any applicable local, state, or Federal law.

8.0 IT Security. Not applicable. Requirements of 48 CFR 1352.239-73 do not apply and a Security Accreditation Package is not required.

9.0 Invoicing. Contractor shall prepare and submit a “proper” invoice to the POC for approval [with a copy to the contracting officer for information]. All invoices shall be submitted after delivery of product. Proper invoices must include as a minimum:

a) Name and address of the Contractor.

b) Name (where applicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

c) Invoice date and invoice number (Contractors should date invoices as close as possible to the date of mailing or transmission). Electronic submission of invoices is preferred.

d) Contract Number

e) Contract Line Item Number being billed, with description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed

f) The invoice shall include all applicable taxes, to include but not limited to the Federal Excise Tax Diesel, Government Tax ID number will be provided upon request, therefore exclude the State Excise Tax.

9.1 Government will return improper invoices to the Contractor and payment will not be made until receipt of a proper invoice. Contractor shall send invoices in accordance with the terms and conditions of this contract to the following address (electronic submission of invoices is preferred): nmfs.nec.invoices@noaa.gov

9.1.1 Payments resulting from approved and accepted invoices will be made via Electronic Funds Transfer (EFT) in accordance with the business System for Awards Management (SAM) registration information.

INVOICING AND PAYMENT INSTRUCTIONS

PAGE 10 OF 39 1333MF21QNFFM0014

Invoicing Instructions for Standard Form 1449 Invoicing. Contractor will provide a “proper” invoice upon shipment of item (or end of performance period) whichever is applicable to the contract terms and conditions, in accordance with the Prompt Payment Act. Proper invoices must include as a minimum:

a) Name and address of the contractor.

b) Name (where applicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

c) Invoice date and invoice number (Contractors should date invoices as close as possible to the date of mailing or transmission). Electronic submission of invoices is preferred.

d) Contract Number (Block 2)

e) Contract Line Item Number being billed, with description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed

f) The invoice shall include all applicable taxes, to include but not limited to the Federal Excise

Tax Diesel, Government Tax ID number will be provided upon request, therefore exclude the State Excise Tax.

Improper invoices will be returned and payment will not be made until receipt of a proper invoice.

Invoices will be sent electronically to: nmfs.nec.invoices@noaa.gov

Payments resulting from approved and accepted invoices will be made via Electronic Funds Transfer (EFT) in accordance with the businesses System for Awards Management (SAM) registration information.

Instructions to Offerors

PAGE 11 OF 39 1333MF21QNFFM0014

Solicitation No: 1333MF-21-Q-NFFM-0014

INSTRUCTION TO OFFERORS

DESCRIPTION OF REQUIREMENT: Low Sulfur #2 Diesel Heating Oil

Government intends to award as a firm-fixed price requirement to a single offeror. The government intends to award without discussions. This requirement is 100% set aside for small business concerns.

NAICS: 324110 - Petroleum Refineries PRODUCT SERVICE CODE: 9140 – Fuel Oils SBA SIZE STANDARD: 1500 Employees

SYSTEM FOR AWARD MANAGEMENT (SAM):

In accordance with FAR 52.212-1(k), unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall have an active registration in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov under Acquisition Systems or https://www.sam.gov/portal/SAM/##11 .

QUOTES:

Quotes must be submitted by electronic means for consideration of award. Electronic quotes may be transmitted by email to susan.faux@noaa.gov . It is the Offeror’s responsibility to ensure their electronic offer has been received. NOTE: When submitting your offer please ensure Block 11(f), and 13 through 16 are completed on the SF 1449. Quotes that are received missing required additional documentation as stated elsewhere within this document, and which are not submitted by electronic means will be found to be unresponsive and not considered for award. If you have any questions regarding the quoting process please contact Susan Faux at susan.faux@noaa.gov.

ADDITIONAL DOCUMENTS SHALL BE SUBMITTED WITH THE QUOTE:

• REPRESENTATIONS AND CERTIFICATIONS contained within the solicitation and in accordance with FAR 52.212-3 must be completed by the Offeror’s and returned with Quote.

• Technical Acceptability Documents.

BASIS FOR AWARD:

Award will be made to the responsive and responsible offeror whose quote conforming to the solicitation results in the best value to the Government, specifically lowest price technically acceptable.

PAGE 12 OF 39 1333MF21QNFFM0014

Solicitation No: 1333MF-21-Q-NFFM-0014

EVALUATION CRITERIA:

Price will be evaluated on: Price per gallon delivered for heating fuel using OPIS plus all profit and other fees. The basis of award will be the amount added to the OPIS pricing.

Technical Acceptability: Will be evaluated on an Acceptable/Unacceptable basis for two (2) elements: (1) Active and current SAM registration (2) (quality of product and timeliness of delivery; with documented experience of a minimum of five (5) years’ in delivering and transporting fuel oil in the state of New Jersey.

1. The vendor is required to be registered and active in SAM.

2. The vendor is required to provide evidence that the company has a minimum of five (5) years’ experience in delivering and transporting fuel oil in the state of New Jersey. References shall address the quality of product delivered, and the timeliness of delivery.

• ACCEPTABLE: Proposal clearly meets the minimum requirements of the solicitation.

• UNACCEPTABLE: Proposal does not clearly meet the minimum requirements of the solicitation.

QUESTIONS: Cutoff date for government acceptance of questions is 11:00AM (EST) on March 3, 2021. All questions must be submitted in writing (email) to the Contracting Officer:

susan.faux@noaa.gov. Contacting anyone other than the contracting officer is not permitted, and the may result in delay or removal from the solicitation process. The government will make every effort to reply to the questions submitted in a timely manner and will post RFI Tracking Log with all questions and answers in the same manner (location) in which the solicitation was posted (email).

SOLICITATION END DATE: Quotes are due no later than 11:00AM (EST) on March 9, 2021.

Electronic quotes may be transmitted by email to susan.faux@noaa.gov . Ensure you identify the documents in the subject as SOURCE SELECTION SENSITIVE.

PAST PERFORMANCE TEMPLATE

PAGE 13 OF 39 1333MF21QNFFM0014

Attachment A Past Performance Template: 133MF-21-Q-NFFM-0014

Description of Government Work Requiring Past Performance Information: Delivery of Low Sulfur #2 Diesel Fuel Oil

PAST PERFORMANCE INFORMATION ON: ___________________________________________

Company/Client Name:

Point of Contact Name:

Phone Number: Fax Number:

Point of Contact E-Mail Address:

Point of Contact Street Address:

Point of Contact City, State, Zip:

Contract/Purchase Order Number, if applicable:

Period of Performance:

Project Value:

Brief Description of Work Performed:

Company/Client Name:

Point of Contact Name:

Phone Number: Fax Number:

Point of Contact E-Mail Address:

Point of Contact Street Address:

Point of Contact City, State, Zip:

Contract/Purchase Order Number, if applicable:

Period of Performance:

Project Value:

Brief Description of Work Performed:

PAST PERFORMANCE INFORMATION ON: ___________________________________________

1 | P a g e

PAGE 14 OF 39 1333MF21QNFFM0014

Company/Client Name:

Point of Contact Name:

Phone Number: Fax Number:

Point of Contact E-Mail Address:

Point of Contact Street Address:

Point of Contact City, State, Zip:

Contract/Purchase Order Number, if applicable:

Period of Performance:

Project Value:

Brief Description of Work Performed:

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):

www.acquistion.gov

(End of Clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any (48 CFR clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End Of Clause)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(Reference 52.204-13)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(Reference 52.204-18)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

(Reference 52.212-4)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(Reference 52.223-3)

52.223-3 I HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)-- ALTERNATE I (JUL 1995) (Reference 52.223-3 I)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

(Reference 52.223-5)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

(Reference 52.232-8)

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT (JUN 2020)

(Reference 52.222-20)

52.232-1 PAYMENTS (APR 1984)

(Reference 52.232-1)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference 52.232-40)

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

(Reference 52.246-1)

52.247-34 F.O.B. DESTINATION (NOV 1991)

(Reference 52.247-34)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010) (Reference 1352.201-70)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

PAGE 15 OF 39 1333MF21QNFFM0014

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (NOV 2020)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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)).

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

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XXX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

XXX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

(10) [Reserved] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020)) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020)) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020)) of 52.219-4.

(13) [Reserved] XXX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-6.

(iii) Alternate II (NOV 2011) of 52.219-6.

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

(ii) Alternate I (MAR 2020)) of 52.219-7.

(iii) Alternate II (MAR 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020)) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (JAN 2017) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (JUN 2020) of 52.219-9.

(v) Alternate IV (JUN 2020) of 52.219-9.

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

(ii) Alternate I (MAR 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

PAGE 16 OF 39 1333MF21QNFFM0014

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020)) (15 U.S.C. 657f).

XXX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020)) (15 U.S.C. 632(a)(2)).

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

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

(26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

XXX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XXX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O.

13126).

XXX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XXX (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

(31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212).

(ii) Alternate I (JUL 2014) of 52.222-35.

XXX (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

(ii) Alternate I (JUL 2014) of 52.222-36.

(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

XXX (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

(36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(JUN, 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN, 2016) (E.O. 13693).

(40) (i) 52.223-13, Acquisition of EPEAT(R) -Registered Imaging Equipment(JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(41) (i) 52.223-14, Acquisition of EPEAT(R) -Registered Television (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

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

(43) (i) 52.223-16, Acquisition of EPEAT(R)-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-16.

XXX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN, 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN, 2016) (E.O. 13693).

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

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

XXX (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41,112-42, and 112-43).

(ii) Alternate I (MAY 2014) of 52.225-3.

(iii) Alternate II (MAY 2014) of 52.225-3.

(iv) Alternate III (MAY 2014) of 52.225-3.

(50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

PAGE 17 OF 39 1333MF21QNFFM0014

XXX (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (OCT 1995)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

XXX (58) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

(63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (APR 2003) of 52.247-64.

(iii) Alternate II (FEB 2006) of 52.247-64.

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

(1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)(29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4)52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(5)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C.

chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this

PAGE 18 OF 39 1333MF21QNFFM0014

paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018),(41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) 41 U.S.C.

chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

NMFS/NEFSC

74 Magruder Road Sandy Hook, NJ 07732

(End of clause)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may

PAGE 19 OF 39 1333MF21QNFFM0014

exercise the option by written notice to the Contractor within SEVEN (7) DAYS Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract.