1364GC19QNAAJ0001_solicitation_FBO.pdf

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

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NOAA EMPLOYEE ASSISTANCE PROGRAM (EAP)

FOR THE BOULDER, CO CAMPUS

0001 EAP SERVICES PER THE STATEMENT OF WORK

DELIVERY DATE: 01/01/2019

SHIP TO:

FACILITIES AND LOGISTICS

325 BROADWAY

MC4

BOULDER CO 80305

1.00 JB

0002 EAP SERVICES - OPTION YEAR 1

DELIVERY DATE: 01/01/2020

SHIP TO:

FACILITIES AND LOGISTICS

325 BROADWAY

MC4

0003 EAP SERVICES - OPTION YEAR 2

DELIVERY DATE: 01/01/2021

FACILITIES AND LOGISTICS

325 BROADWAY

MC4

0004 EAP SERVICES - OPTION YEAR 3

DELIVERY DATE: 01/01/2022

FACILITIES AND LOGISTICS

325 BROADWAY

MC4

0005 EAP SERVICES - OPTION YEAR 4

DELIVERY DATE: 01/01/2023

FACILITIES AND LOGISTICS

325 BROADWAY

MC4

PAGE 3 OF 26 1364GC19QNAAJ0001

Table of Contents

STATEMENT OF WORK (SOW)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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)

AA16-05NOAA ACQUISITION & GRANTS OFC OMBUDSMAN

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (AUG 2018)

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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

1352.233-70 AGENCY PROTESTS (APR 2010)

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

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CLAUSES

STATEMENT OF WORK (SOW)

PAGE 5 OF 26 1364GC19QNAAJ0001

NAAJL-19-00004

PERFORMANCE WORK STATEMENT

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Employee Assistance Program

I. INTRODUCTION

The contractor shall provide Employee Assistance Program (EAP) services as described to employees of the Department of Commerce (DOC), Boulder, CO. The scope of work includes three bureaus of the DOC: The National Oceanic and Atmospheric Administration (NOAA), the National Institute of Standards and Technology (NIST), and the National Telecommunications and Information Administration (NTIA). The majority of employees are located on the main campus at 325 Broadway, Boulder, CO 80305. Services shall be performed in accordance with this Performance Work Statement.

The Office of the Chief Administrative Officer (OCAO) is a major staff office within NOAA with management functions. The DOC/NOAA/OCAO/FOD/Employee Health Services Unit located in Boulder Colorado has the responsibility to establish and maintain an employee assistance program for the approximately 820 employees of the above stated DOC Bureaus in the Boulder area.

Background:

Within 42 USC Section 4541 (PL 91-616, Dec. 31, 1970) and 21 USC Section 1101 (Public Law 92-255, March 21, 1972) Congress has specifically recognized the need for appropriate prevention, treatment, and rehabilitation programs and services for alcohol abuse, alcoholism, and drug abuse among Federal civilian employees. Under 5 USC Sections 7361 and 7362 agencies are encouraged to extend, to the extent feasible, rehabilitation services and programs to family members who are drug abusers and/or alcoholics. 5 USC Section 7901 further allows that, “The head of each agency of the Government of the United States may establish, within the limits of appropriations available, a health service program to promote and maintain the physical and mental fitness of employees under his jurisdiction.” To meet these and other applicable statutory requirements, the Department of Commerce (DOC) through its Office of Human Resources Management, has directed the establishment of Employee Assistance Programs (EAPs) within all of its subordinate agencies.

Purpose:

The purpose of this contract is to acquire the services of a qualified organization/ institution and/or qualified professional practitioners, hereinafter referred to as the contractor, to provide 1) clinical counseling and other life management assistance to DOC employees, their immediate family members, and anyone living within an employee’s household who has an impact on the employee’s well-being or for whom they are financially responsible; 2) employee outreach and education programs; 3) counseling and training for managers and supervisors; 4) an annual report which documents the extent to which the required services were performed.

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Employee Population and Location:

There are approximately 820 employees located in and around the Boulder area who are eligible for the EAP service. The DOC Boulder Labs main campus is located at 325 Broadway, Boulder CO 80305.

Responsibilities of Key Agency Personnel:

Providing effective EAP services is dependent on a close working relationship between the contractor and key personnel from participating agencies. These key personnel and their responsibilities are as follows.

Government EAP Administrator will coordinate the implementation and on-going operation of the overall program, provide liaison between the contractor and the participating agencies, and report on the contractor’s performance.

Contractor shall provide and designate an individual as the key point of contact through which communication and coordination shall be made between the Government and the contractor and between the contractor and its personnel.

II. SCOPE OF WORK

The contractor is responsible for establishing and conducting an employee assistance program through the performance of various functions which include providing diagnostic evaluations, short-term counseling, referral to outside practitioners and programs as needed; conducting employee education and outreach activities; consulting with managers, supervisors, and key agency personnel as requested; monitoring and follow-up on management/supervisory referrals; maintaining and delivering required records and reports; and providing optional services as described.

The Contractor shall furnish the necessary professional practitioners, support personnel, materials, and services to perform the following work.

A. INDIVIDUAL SERVICES

1. The contractor shall provide counseling services to all covered employees, their immediate family members, and anyone living in an employee’s household who has an impact on the employee’s well-being or for whom they are financially responsible.

2. The contractor shall offer in-person counseling sessions off-site to all members of the covered population who request assistance or are referred to EAP.

3. Contractor shall provide face-to face assessment, short-term counseling, referral and follow-up as needed, for alcohol and drug problems, work related difficulties and/or personal issues as presented by the participant.

4. No more than six sessions of one hour each per fiscal year (October thru Sept.)

shall be made available to covered participants for each distinct problem

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NAAJL-19-00004

presented.

5. Counseling sessions are to be conducted off-site at an office location provided by the contractor within a convenient distance to the general client population or by telephone through a twenty four hour hotline.

6. Services must be readily available, handicap-accessible, and responsive to the needs of all covered participants.

7. Routine client appointments available within one week of request.

8. Counseling assistance (by counselor or other qualified replacement) available to agency personnel and/or program participants by phone within two hours (during regular workday hours) in case of urgent need situation.

9. When making referrals the contractor is responsible for screening utilized resources and maintaining current records regarding the services and qualifications of the staff of those resources. Whenever possible the contractor shall select resources that qualify for third party reimbursement as covered by employee’s insurance.

All services shall be conducted in a confidential manner. Collection and recording of information about participants shall be done with their knowledge. Such information shall be kept confidential and be used solely by the professionals providing EAP services.

Disclosure or release of the information shall not be allowed to occur without signed consent of the participant or as permitted by the regulations governing client confidentiality (i.e. medical emergency, suspected child abuse, risk of harm to themselves and others etc.).

B. MANAGERIAL SERVICES

1. The contractor shall provide consultation and advice to managers, supervisors and key agency personnel as needed for the purpose of facilitating identification, referral treatment, and follow-up for problem employees.

2. In the case of supervisory referrals for workplace performance and/or drug and alcohol use the contractor shall 1) monitor and follow up on any EAP referrals 2) within the constraints of confidentiality and consent, keep the referring management officials apprised of the employee’s participation in treatment 3) assist when possible in an employee’s reentry to the workplace.

C. EDUCATION AND OUTREACH

This function shall entail the routine development of outreach strategies to inform employees of available EAP services; distribution of publicity materials/information; and the provision of training via electronic media or on-site instruction.

1. The contractor shall adhere to the following guidelines when developing publicity and training materials.

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a. All materials and presentations shall be non-sexist and nondiscriminatory in content and tone

b. Special emphasis shall be given to the use, abuse, and addictiveness of alcohol and illicit drugs.

Periodic presentations/trainings may be requested on various work-life and mental health topics.

D. ON-SITE COUNSELING FOR TRAGEDIES

Throughout the term of the contract, the agency may require the contractor to conduct special group and/or individual on-site counseling sessions based on tragic occurrences, e.g. suicides, accidental deaths, etc.

E. RECORDS AND REPORTS

1. The contractor shall maintain a sufficient system of records to provide all data and reports necessary for effective evaluation and management of the EAP.

2. The contractor’s system of records shall comply with applicable laws and regulations pertaining to alcohol and drug prevention, treatment, and rehabilitation; the Privacy Act of 1974 (Public Law 93-579); and confidentiality of medical counseling records. The contractor shall be subject to the penalties imposed by such laws and regulations for improper disclosure.

3. For every participant who is referred for assistance, the contractor shall maintain a complete case file. All case files are to be maintained in accordance with the confidentiality requirements of Public Law 93-282 and its implementing regulations in 42 CFR, Chapter 1, Subch. A, Part 2, and the requirements of Public Law 93-579 otherwise known as the Privacy Act. Case files and other EAP records shall be retained by the contractor in a secure and confidential location for a period of three years.

4. Contractor shall provide a monthly report to include number of client sessions/encounters, breakdown by bureau (i.e. NOAA, NIST NTIA), and general service provided (i.e. work-related, personal etc.)

5. The contractor shall provide an annual report of EAP activity over the period of the Government’s fiscal year which ends on September 30. The report shall contain both a narrative summary and statistical information pertaining to the services provided.

F. OPTIONAL SERVICES

The Government may, at its discretion, request the contractor to provide “optional”

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NAAJL-19-00004

services in addition to the basic requirements already stipulated. These services are priced independently from the basic requirements and may be exercised at anytime throughout the contract performance period in accordance with the guidelines set forth in Part I, Section H.5 of the contract.

All professional practitioners and other personnel serving under this contract shall be employees or assignees of the contractor. The contractor is responsible for the validation of each employee’s or assignee’s qualifications to perform the services described herein. Minimum qualifications for the contractor’s program director and counselors are as follows.

The Contractor shall provide his/her own professional Liability Insurance. This will not be provided by the Government but by the contractor.

III. CONTRACTOR QUALIFICATIONS

Program Director shall possess at a minimum:

Master’s degree in counseling/mental health field Experience working as a mental health professional to include:

Three years’ experience as a clinician/therapist and/or clinical supervisor.

If a clinical or counseling psychologist or other mental health professional, the Director shall be trained at the master’s level and licensed as a psychologist.

If a psychiatrist, the Director shall be board certified in the applicable specialty and belong to the American Psychiatric Association.

EAP Counselors shall possess as a minimum:

Master’s degree in counseling/mental health field Professional license as a clinical social worker or counseling/clinical psychologist.

Three or more years of clinical experience in working with a wide range of mental health issues.

Experience in EAP and workplace-related issues strongly preferred.

IV. PERIOD OF PERFORMANCE

The Government anticipates a base year plus four (4) optional years with estimated costs per year as follows:

Base Period January 01, 2019 – December 31, 2019 Option Year 1 January 01, 2020 – December 31, 2020 Option Year 2 January 01, 2021 – December 31, 2021 Option Year 3 January 01, 2022 – December 31, 2022 Option Year 4 January 01, 2023 – December 31, 2023

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V. GOVERNMENT CONTACT POINTS

TBD

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. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days.

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months

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.acquisition.gov

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(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 Commerce Acquisition Regulations (CAR) (48 CFR 1352 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

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

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

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AA16-05NOAA ACQUISITION & GRANTS OFC OMBUDSMAN

PAGE 12 OF 26 1364GC19QNAAJ0001

August 31, 2016

ACQUISITION ALERT 16-05

NOAA Acquisition and Grants Office Ombudsman

This Acquisition Alert (AA) is being transmitted to all NOAA Heads of Contracting Offices

(HCO) for dissemination to the NOAA acquisition workforce within their respective Divisions.

1. Purpose: The purpose of AA 16-05 is to implement a new policy for facilitating and fostering improved communication with client organizations, industry, and the general public.

This policy identifies the roles and responsibilities of the AGO Ombudsman. This official will be dedicated to removing communication barriers by serving as a neutral, independent intermediary on acquisition matters.

2. Background: The Office of Federal Procurement Policy’s (OFPP) Memorandum “Myth

Busting”: Addressing Misconceptions to Improve Communication with Industry During the

Acquisition Process, was issued on February 2, 2011 in an effort to encourage a cultural change in how the government communicates with vendors, and to dispel the apprehension and misconceptions of government personnel interacting with industry suppliers. That memorandum emphasized the importance of obtaining current market research information when determining requirements and developing acquisition strategies. In order to bolster and implement that OFPP memorandum, the Department of Commerce (DOC) issued a Vendor Communication Plan dated

October 9, 2011, outlining guidance relative to government industry engagements, and the strategy and policy for promoting fair, frequent, and constructive dialogue between the DOC and the vendor community.

3. Applicability: This acquisition policy is applicable to all NOAA Line and Staff Offices.

4. Policy: The following policy is implemented for resolution of procurement concerns brought to the attention of AGO.

a. Resolution of Acquisition Issues and Concerns

i. Members of industry, the public, and client organizations shall first notify the respective contracting officer to resolve their issues or concerns.

ii. Contracting officers shall have the primary responsibility for recognizing and resolving procurement issues or concerns identified by client programs, industry, and the public.

iii. When a presented procurement issue or concern cannot be resolved by a contracting officer, then it shall be referred to the AGO Ombudsman by the respective contracting officer. The attached document entitled “Referral to the AGO Ombudsman

Memorandum Template” will be used to extend unresolved matters to the AGO

Ombudsman. However, when an individual or organization has a bona fide reason to believe that they will not be treated reasonably, responsibly, and objectively by a

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contracting officer, they may immediately access the AGO Ombudsman for consideration.

b. AGO Ombudsman Roles and Responsibilities

i. Liaison

1. Conducts outreach efforts with AGO staff, program clients, industry, and the public.

2. Meets with AGO staff, clients, industry, and the public to receive feedback and recommendations for the improvement of acquisition processes, methodologies, and outcomes.

3. Fosters communication with AGO staff, clients, industry, and the public to ensure that new technologies, approaches, and innovations are presented to NOAA.

ii. Independent Intermediary

1. Provides an independent, impartial and, when appropriate, confidential venue for individuals, organizations, and companies to be reasonably and responsibly considered.

2. Serves as an independent intercessor in issues involving acquisition practices, procedures, initiatives, and/or developments.

3. Examines complaints about improprieties and other concerns involving acquisition processes, initiatives, and/or developments.

iii. Training

1. Educates the acquisition workforce and program clients about proper interactions and communication with industry and the public.

2. Educates industry and the public about proper interactions and communication with the Government.

iv. Advisor

1. Reports to the AGO Deputy Director and supports other special project initiatives as directed.

2. Consults with AGO Management and NOAA leadership about specific concerns and issues raised by clients, industry, and the public.

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3. Works collaboratively with clients, industry, and the public, and helps support the

AGO Small Business Program.

c. AGO Ombudsman Authorities

i. Authorized to request information from each AGO Division in the examination of complaints submitted by clients, industry, or the public.

ii. Proposes solutions to concerns received or forums for the hearing of recommendations.

iii. May seek expert assistance from within NOAA to better understand issues presented by a party.

d. Notice of the AGO Ombudsman Program

i. Contracting officers must identify the AGO Ombudsman in their initial acquisition announcements to the public, and in subsequent formal notices and documents, such as solicitations, draft solicitations, orders/calls and awards.

ii. Upon execution of this AA, the specialized solicitation and contract language shall be incorporated into all new NOAA contracts, as addressed in the attachment to this policy entitled, NOAA AGO Ombudsman Solicitation and Contract Language.

5. Effective Date: AA 16-05 NOAA AGO Ombudsman and the requirement to include the

NOAA AGO Ombudsman Solicitation and Contract Language within all NOAA solicitations and contracts is effective on October 1, 2016.

6. Point of Contact: Questions pertaining to the AA should be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov or by telephone at (301) 628-1397.

Attachments

1. Standard Operating Procedure - AGO Ombudsman Program

2. Referral to the AGO Ombudsman Memorandum Template

3. NOAA AGO Ombudsman Solicitation and Contract Language

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STANDARD OPERATING PROCEDURE

AGO OMBUDSMAN PROGRAM

1. INTRODUCTION

The purpose of this Standard Operating Procedure (SOP) is to articulate the rules of engagement under the Ombudsman program established by the Acquisition and Grants

Office (AGO) of the National Oceanic and Atmospheric Administration (NOAA).

The Ombudsman program is designed for the benefit of AGO staff, client organizations, industry, and the general public. The Ombudsman will facilitate and foster meaningful communication with federal client organizations, industry, and the general public. This official will be dedicated to removing communication barriers by serving as a neutral, independent intermediary on acquisition matters.

2. GOALS

A goal of the Ombudsman program is to strengthen NOAA’s vendor relationships and supply chain management practices. In order to meet this goal, the Ombudsman will work with industry and individual thought leaders who have a proven interest in the

NOAA mission and are willing to invest in the bureau’s mission advancement.

Another equally important goal is to improve the experiences of clients, industry, and the public with AGO by promoting transparency and identifying opportunities for the streamlining of activities and the exchange of richer and more meaningful information.

3. BACKGROUND

The Office of Federal Procurement Policy (OFPP) Memorandum “Myth-Busting”:

Addressing Misconceptions to Improve Communications with Industry During the

Acquisition Process was issued on February 2, 2011 in an effort to encourage a cultural change in how the Government communicates with vendors, and to dispel the apprehension and misconceptions of government personnel interacting with industry suppliers. The memorandum emphasized the importance of obtaining current market research information when determining requirements and developing acquisition strategies. In order to bolster and implement OFPP’s Memorandum, the Department of

Commerce (DOC) issued a Vendor Communication Plan, dated October 9, 2011, outlining guidance relative to government-industry engagements, and the strategy and policy for promoting fair, frequent, and constructive dialogue between the DOC and the vendor community. Additional guidance regarding industry Government communication and relationships can be found at:

FAR Part 3, Improper Business Practices and Personal Conflicts of Interest;

FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest;

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FAR Subpart 15.201, Exchanges With Industry Before Receipt of Proposals;

41 U.S.C. §§ 2101 – 2107, commonly known as the Procurement Integrity Act;

FAR 16.505, Ordering

4. APPLICABILITY

This SOP is applicable to all NOAA Line and Staff Offices.

5. RESOLUTION OF ISSUES AND CONCERNS

a. Members of industry, the public, and client organizations shall first notify the respective Contracting Officers to resolve their issues/concerns.

b. Contracting Officers shall have the primary responsibility for recognizing and resolving procurement or financial assistance issues or concerns identified by clients, industry, and the public.

c. When a Contracting Officer cannot resolve a particular issue or concern, it shall be referred to the Ombudsman by the respective Contracting Officer. The attached document entitled “Referral to the AGO Ombudsman Memorandum Template” will be used to extend unresolved matters to the Ombudsman. However, when an individual or organization has a bona fide reason to believe that they will not be treated reasonably, responsibly and objectively by a Contracting Officer or manager, they may immediately access the Ombudsman for consideration.

d. AGO staff seeking consideration regarding procurement or financial assistance issues may directly access the Ombudsman, but must understand that access to that official is an alternative venue to be used as appropriate.

6. OMBUDSMAN ROLES AND RESPONSIBILITIES

a. Liaison

i. Conducts outreach efforts with AGO staff, clients, industry, and the public.

ii. Meets with clients, industry, and the public to receive feedback and recommendations for the improvement of acquisition processes, methodologies, and outcomes.

iii. Fosters communication with clients, industry, and the public to ensure that new technologies, approaches, and innovations are presented to NOAA.

b. Independent Intermediary

i. Provides an independent, impartial and, when appropriate, confidential venue for individuals and organizations to be considered reasonably and responsibly.

PAGE 17 OF 26 1364GC19QNAAJ0001

ii. Serves as an independent intercessor in issues involving acquisition and practices, procedures, initiatives, and/or developments.

iii. Examines complaints about improprieties and other concerns involving acquisition processes, initiatives, and/or developments.

c. Training

i. Educates the acquisition and financial assistance workforce, as well as clients and the public, about proper interactions and communication between

Government and industry.

ii. Educates industry about the proper interactions and communication with the

Government.

d. Advisor

i. Reports to the AGO Deputy Director and supports other special project initiatives as directed.

ii. Consults with AGO Management and NOAA leadership about specific concerns and issues raised by clients, industry, and the public.

iii. Works collaboratively with clients, industry, and the public, and helps support

AGO’s Small Business program.

7. OMBUDSMAN AUTHORITIES

a. Authorized to request information from each AGO division in the examination of complaints submitted by clients, industry, and the public.

b. Proposes solutions to concerns received or forums for the hearing of recommendations.

c. May seek expert assistance from within NOAA to better understand issues presented by a party.

8. OMBUDSMAN CONSTRAINTS

a. The Ombudsman cannot bind AGO, NOAA, the Department of Commerce, or the

U.S. Government.

b. The Ombudsman has no contracting officer, financial, security, technology, or program/project/task management decision-making authority or responsibility for entering determinations within those functionalities.

c. The Ombudsman cannot judicially serve or be served as an agent of NOAA.

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d. Engagements with the Ombudsman will not stay processes or timelines for the invocation of any contractor rights with respect to protests, disputes, debriefings, Freedom of Information Act matters, litigation, etc.

e. Ombudsman engagements will not excuse the untimely submittal of artifacts such as proposals/quotes; documentations and/or deliverables mandated by a Contracting

Officer; or a federal investigative, judicial, or congressional authority.

f. Laws of any nature, to include regulations, statues, orders, or judicial mandates, as well as agency or bureau policies and directives, cannot be developed or modified by the Ombudsman.

g. The Ombudsman will not interfere with any individual or organization once litigation or a formal remedial process has been initiated.

9. POINT OF CONTACT

Questions concerning this SOP should be directed to Rafael Roman, AGO Ombudsman at Rafael.Roman@noaa.gov.

Attachment

Case Handling Process

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NOAA Acquisition and Grants Office

OMBUDSMAN CASE HANDLING PROCESS

GENERAL: Case processing strategies are founded on the principles of independence, neutrality, and confidentiality. In order for the case process to be constructive and effective, issues must be understood and well-defined, and facts must drive both the resolution and the disposition of each case. These conditions are predicated on openness, trust, and honesty. A case file must, therefore, include the following information, actions, and considerations:

1. A case cannot be accepted and a file cannot be opened unless the name, title, contact information, and employer of the party seeking Ombudsman involvement is voluntarily provided by the individual seeking Ombudsman intervention.

2. A file is comprised of an Ombudsman Case Sheet and its supporting documentation, including the Ombudsman Program Survey.

3. A Tracking Sheet is used to inventory all cases considered within a fiscal year and identify the status of each case.

4. The client (party seeking Ombudsman intervention) must divulge whether he/she has previously discussed or had the matter considered by someone else during the pursuit of a resolution, the name, title, and employer of that individual, and the disposition of that engagement.

5. Permission must be sought by the Ombudsman prior to discussing the case with someone other than the party seeking resolution. An exception to this practice occurs when communications are mandated by an individual with recognized authority and jurisdiction.

6. A client’s expectations and sought objectives must be clearly understood.

7. A client’s expectations, relative to the case process, resolution, and disposition must be responsibly managed. The express goal of the Ombudsman is to identify alternatives and facilitate resolution, and not necessarily to actively and directly resolve problems or conflicts.

8. Research must be performed by the Ombudsman (at times, with the assistance of the client) as advisable or required in order to find resolution.

9. The Ombudsman will provide or assist a client in obtaining general guidance that will lead or help lead them towards their objective. During matters involving problem resolution, the Ombudsman will provide client support that does not impair the former’s

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independence and objectivity, or the reasonableness and responsibility of his activities and guidance. In regards to conflict resolution, the Ombudsman does not represent the exclusive interests of his client, but is a facilitator who seeks a resolution that is fair, reasonable, and responsible.

10. Resolutions must be explained to the client, so that they understand the merits, challenges, and risks inherent in their path forward.

11. A case disposition notice is provided to the client when no further action can be taken or the matter has been resolved.

12. Upon notice of a case’s disposition to a client, the respective file is closed, and a Program

Survey is provided to the client for completion and remission to the Ombudsman.

NON-CONSIDERATION: There are several types of activities that must be referred and cannot be entertained by the Ombudsman. Those activities include:

1. Matters in litigation;

2. Matters appealed before formal bodies;

3. Matters formally grieved;

4. Criminal or illegal activities;

5. EEO Complaints; and

6. Employment and labor related matters.

STANDARDS: During the disposition of his services, the Ombudsman holds himself to the following standards of conduct and professionalism:

1. Always being polite and professional during the rendering of service support.

2. Always being responsive (actively pursuing case resolution and follow-up with clients).

3. Treating entrusted information with respect and confidentiality.

4. Responding to client contacts and inquiries within 24 business hours.

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5. In the interest of confidentiality, not communicating with clients using written memorandum, unless deemed advisable.

6. Providing case follow-up with clients no later than every 15 business days.

7. Striving to resolve cases within a 15 business day period.

CASE CATEGORIES: For the benefit of studies and assessments regarding the Ombudsman

Program, cases will be classified four general categories: General Assistance, Inquiries, Problem

Resolution and Complaints.

RESOLUTION: The avenues for case resolution are:

1. General Assistance and Guidance;

2. Research;

3. Referral; and

4. Conflict Management (Defined as a process for managing client differences with another party(ies), wherein research, common understandings, and collaboration are interwoven to identify common interests and a resolution).

CLOSURE: Following case resolution, the case is designated as closed. A case is closed when one or more of the following occur:

1. No further action is required.

2. The request is referred to a more appropriate individual or organization for resolution.

3. No fair, reasonable, and responsible resolution is available. This alternative includes situations in which the Ombudsman is excluded from participation, such as during the course of litigation, formal appeals or grievances, EEO complaints, and other formal processes.

ASSESSMENTS: The Ombudsman Program includes mechanisms for gauging the Program’s benefit and reception. The assessment process enables the Ombudsman to reinforce strong program elements, while simultaneously addressing areas in need of improvement. A periodic assessment and refinement cycle will promote increased improvement and indirectly benefit performance, thereby enhancing attention to NOAA’s mission.

PAGE 22 OF 26 1364GC19QNAAJ0001

(Insert Date)

MEMORANDUM FOR: (Insert Name/Point of Contact)

NOAA Acquisition and Grants Office Ombudsman

FROM: (Insert Name)

(Insert Title / Organization)

SUBJECT: Referral to the Acquisition and Grants Office Ombudsman

In accordance with NOAA Acquisition Alert 16-05, the following issue is being referred to the

Acquisition and Grants Office (AGO) Ombudsman.

Background: (Insert the necessary background information on the action and include the following:)

The issue and the impact to Contracting Officer (1st party);

The issue and the impact to the industry partner, acquisition team member, or any other interested party members (2nd party);

The actions taken to provide a response or to resolve the issue.

The reason for the impasse.

Request for Action: (Insert the action being requested)

PAGE 23 OF 26 1364GC19QNAAJ0001

NOAA Solicitation and Contract Language

AGO Ombudsman

As prescribed in Acquisition Alert 16-05, use the following language in all solicitations and resulting contracts.

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 A76 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.

PAGE 24 OF 26 1364GC19QNAAJ0001

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 this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.

(End of solicitation and contract language)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (AUG 2018)

(Reference 52.212-1)

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

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of Provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Commerce Acquisition Regulations (CAR) (48 CFR Chapter 1352 provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Provision)

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed.

Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

Karen W. Jones Contracting Officer

NOAA/CAO

SSMC4, Room 8433 1305 East West Hwy Silver Spring, MD 20910-3278 Fax: (301) 713-0291

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry Berkowitz Senior Procurement Executive and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230 Fax: (202) 482-1711

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel

PAGE 25 OF 26 1364GC19QNAAJ0001

Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

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

(Reference 1352.233-71)

PAGE 26 OF 26 1364GC19QNAAJ0001

1352.213-70: Evaluation utilizing SAP The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The following factors will be used to evaluate quotations:

(1) Past Performance. The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. The Contractor shall provide at least one reference of past performance on a similar project.

(2) Price.

Factor 1 is considered a technical factor. Factor 2 is not a rated/scored evaluation factor, rather a factor that will be reviewed for price completeness and accuracy, price realism, and price reasonableness.

Technical factors, when combined, are significantly more important than Factor 2, but if non-price factors are evaluated as comparatively equal between two or more Offerors, Factor 2 may become a determining factor in the award decision.

Time is of the essence for this requirement. Taking into account all factors, price and non-price, an award decision may be made based on the contractor’s ability to meet the required delivery date.

(End of clause)

[75 FR 10570, Mar. 8, 2010; 75 FR 14496, Mar. 26, 2010]