9. 1305M321RNRMA0017_SF1442.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

See Attached

STANDARD FORM 1442 (REV. )

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

1305M321RNRMA0017

WESTERN ACQUISITION DIVISION

325 BROADWAY, SOU6

BOULDER CO 80305

WESTERN ACQUISITION DIVISION

325 BROADWAY, SOU6

BOULDER CO 80305

NR-MAC100-21-00448

AJ730004

JEREMY MORRIS 303-497-6728 JEREMY.MORRIS@NOAA.GOV

1 57

SEPT 02, 2021

09:00 AM MT

AJ730004

8/2014

August 03, 2021

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( )

20b. SIGNATURE 20c. OFFER DATE

STANDARD FORM 1442 (REV. ) BACK1305M321RNRMA0017

8/2014

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Removal and Re-roofing of Electronics Shop - IAW 1.00 JB

0002 1.00 JB

Attachment 1 - Performance Work Statement (PWS).

Period of Performance: 09/27/2021 to 09/26/2022

Removal and Re-roofing of Wind Tunnel Building - IAW Attachment 1 - Performance Work Statement (PWS).

Period of Performance: 09/27/2021 to 09/26/2022

Removal and Re-roofing of White Storage Building - IAW 1.00 JB

Attachment 1 - Performance Work Statement (PWS).

Period of Performance: 09/27/2021 to 09/26/2022

Paving and Drainage - IAW Attachment 1 - Performance Work Statement (PWS).

Period of Performance: 09/27/2021 to 09/26/2022

1.00 JB

PAGE 3 OF 57 1305M321RNRMA0017

1305M321RNRMA0017

Table of Contents

PART I – THE SCHEDULE 7

SECTION A – STANDARD FORM (SF) 1442 7

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS 8

GENERAL 8

TYPE OF CONTRACT 8

CONTRACT PRICING 8

DISCLOSURE OF MAGNITUDE 8

PLACE OF PERFORMANCE 8

BID GUARANTEE AND PERFORMANCE AND PAYMENT BONDS 8

SECTION D – PACKAGING AND MARKING 10

SECTION E – INSPECTION AND ACCEPTANCE 11

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 11

CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) 11

RESPONSIBILITY FOR INSPECTION AND ACCEPTANCE 11

SECTION F –DELIVERIES OR PERFORMANCE 12

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) 12

ADDENDUM – FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR

1984) 12

NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES 12

OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE 13

SECTION G – CONTRACT ADMINISTRATION DATA 15

CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR 2010) 15

CAR 1352.237-74 PROGRESS REPORTS (APR 2010) 15

ADDENDUM TO CAR 1352.237-74 PROGRESS REPORTS (APR 2010) 15

NAM 1330-52.242-70 SUBMITTAL OF INVOICES (FEB 2011) 16

ADDENDUM TO NAM 1330-52.242-70 SUBMITTAL OF INVOICES 17

SECTION H – SPECIAL CONTRACT REQUIREMENTS 18

CAR 1352.228-70 INSURANCE COVERAGE (APR 2010) 18

CAR 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE—

FIXED PRICE (APR 2010) 19

CAR 1352.237-75 KEY PERSONNEL (APR 2010) 19

NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT

RESTRICTIONS (OCT 2015) 19

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

PREVENTION AND RESPONSE POLICY (MAY 2018) 20

NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS 23

NAM 1330-52.237-71 NOAA GOVERNMENT – CONTRACTOR RELATIONS- NON-

PERSONAL SERVICES (SEP 2017) 23

NAM 1330-52.237-72 CONTRACTOR ACCESS TO NOAA FACILITIES (SEP 2017) 25

NAM 1330-52.243-70 REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017) 27

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

2016) 27

PART II CONTRACT CLAUSES 30

SECTION I – CONTRACT CLAUSES 30

FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) 34

FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020) 34

FAR 52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS (FEB 2021) 34

FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984) 38

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) 38

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 39

SECTION J – LIST OF ATTACHMENTS 39

PART IV – REPRESENTATIONS AND INSTRUCTIONS 40

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS 40

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) 40

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) 43

FAR 52.236-28 PREPARATION OF PROPOSALS-CONSTRUCTION (OCT 1997) 46

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS 47

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) 47

FAR 52.216-1 CONTRACT TYPE (APR 1984) 47

FAR 52.228-1 BID GUARANTEE (SEPT 1996) 47

FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) 48

FAR 52.236-27 SITE VISIT (CONSTRUCTION) ALT – I (FEB 1995) 48

CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) 49

CAR 1352.215-72 INQUIRIES (APR 2010) 51

CAR 1352.233-70 AGENCY PROTESTS (APR 2010) 52

CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) 53

SECTION M – EVALUATION FACTORS FOR AWARD 54

FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION

MATERIALS (MAY 2014) 54

CAR 1352.215-74 BEST VALUE EVALUATION (APR 2010) 55

CAR 1352.215-75 EVALUATION CRITERIA (APR 2010) 56

PART I – THE SCHEDULE

SECTION A – STANDARD FORM (SF) 1442

See Pages 1-3

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

GENERAL

The contractor shall provide services required for permitting, construction, delivery, and installation of three (3) new roofs at the Air Resources Laboratory (ARL), Atmospheric Turbulence and Diffusion Division (ATDD) facility in Oak Ridge, TN.

TYPE OF CONTRACT

This is a firm-fixed price (FFP) contract to provide construction services as required to remove and construct, deliver, and install the three (3) new roofs at the ATDD facilities.

This requirement is solicited as a total small business set a-side with NAICS Code 235160 – Roofing Contractors ($16.5M).

CONTRACT PRICING

The total contract value is $TBD.

DISCLOSURE OF MAGNITUDE

In accordance with FAR 36.204(d) the disclosure of magnitude is between $250,000 and $500,000.

PLACE OF PERFORMANCE

The place of performance will be:

NOAA/ ARL/ATDD

456 S. Illinois Avenue Oak Ridge, TN 37830

BID GUARANTEE AND PERFORMANCE AND PAYMENT BONDS

All offerors must furnish a bid guarantee in accordance with FAR 52.228-1.

The contract must furnish the required performance and payment bonds within ten (10) calendar days after contract award. Performance and payment bonds are required for this procurement.

Refer to Section I for additional bonding requirements.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

AIR RESEARCH LABORATORY (ARL)

OAK RIDGE, TN

ROOF REPLACEMENT

The Performance Work Statement, including all drawings, specifications, and addenda (if applicable) are included as attachments to this document as indicated in Section J, List of Attachments.

SECTION D – PACKAGING AND MARKING

There is nothing in this Section.

SECTION E – INSPECTION AND ACCEPTANCE

FAR 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):

FAR Clauses: https://www.acquisition.gov/far

CAR Clauses: https://www.acquisition.gov/car

FAR FEDERAL ACQUISITION REGULATION DATE

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

CAR 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:

NOAA/ ARL/ATDD

456 S. Illinois Avenue Oak Ridge, TN 37830

RESPONSIBILITY FOR INSPECTION AND ACCEPTANCE

The Contracting Officer’s Representative (COR) as appointed/designated by letter per the information listed in Section G of this document is the Government's official responsible for inspection and acceptance of required services under the terms and conditions of this contract.

The Government may designate additional representative(s) to provide periodic inspections or observations during the performance of this contract. However, Government inspections are for the sole benefit of the Government and do not relieve the Contractor of its responsibilities to provide adequate quality control as described in Technical Specification in Section C, Performance Work Statement. The Contractor is responsible for inspection of its own work to ensure that all work performed conforms to the terms and conditions of the contract.

SECTION F –DELIVERIES OR PERFORMANCE

52.236-15 SCHEDULES FOR CONSTRUCTION

CONTRACTS

APR 1984

52.242-14 SUSPENSION OF WORK APR 1984

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984)

The Contractor shall be required to (a) commence work under this contract within ten (10) calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365 calendar days after issuance of the NTP. The time stated for completion shall include final cleanup of the premises.

ADDENDUM – FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS

(APR 1984)

The contractor shall provide a “draft” project schedule for review during the post award/pre-construction meeting, which specifically shows the time frame required to accomplish the individual construction activities. The schedule shall be in the form of a progress chart (of suitable scale) to appropriately indicate the percentage of work scheduled for completion and associated cost at any given date during the performance period. The chart shall outline the general sequential order in which the contractor proposes to perform the work and the dates on which the contractor contemplates start and completion. A final project schedule shall be submitted to the COR for review and approval through the submittal process no later than five days after work commences.

NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES

Description Qty Due Deliver

To Reference(s)

Anti-kickback Procedures 1 Prompt reporting of possible violations

CO FAR 52.203-7

Reporting Executive Compensation and First-Tier Subcontract Awards

1 Per Clause Online Far 52.204-10

Audit and Records 1 Per Clause CO FAR 52.215-2

Payrolls and Basic Records 1 Weekly CO and

COR

FAR 52.222-8

Employment Reports - Veterans 1 Per Clause CO FAR 52.222-37

Permits 1 10 days after award

CO FAR 52.236-7

Vets - Report 1 Annually Online FAR 52.204-8

FAR 52.222-37

Bid Guarantee 1 With Proposal CO FAR 52.228-1

Performance and Payment Bond 1 10 days after award

CO FAR 52.228-15

Restrictions Against Disclosure 1 Upon Contract Award

CO CAR 1352.209-72

Insurance Certificate 1 With Proposal CO CAR 1352.228-70 Progress Reports 1 Monthly CO CAR 1352.237-74

Construction Schedule - Final 1 5 days after work commences

CO FAR 52.236-15

OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

(a) The Government hereby provides notification that Government personnel observe the listed days as holidays:

(1) New Year's Day (6) Labor Day

(2) Martin Luther King’s Birthday (7) Columbus Day

(3) President’s Day (8) Veteran’s Day

(4) Memorial Day (9) Thanksgiving Day

(5) Independence Day (10) Christmas Day

(11) Juneteenth

(b) In addition to the days designated as holidays, the Government observes the following days:

(1) Any other day designated by Federal Statute

(2) Any other day designed by Executive Order

(3) Any other day designed by the President’s Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel are authorized by the Government to work during the holiday at the government site, they may be reimbursed by the Contractor; however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

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

(e) If Government personnel are furloughed, the Contractor shall contact the Task Manager or the COR to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

(1) Contractor personnel that are able to continue contract performance (either on-site or at a site other than their normal work station), shall continue to work and the contract price shall not be reduced or increased.

(2) Contractor personnel that are not able to continue contract performance (e.g., support functions), may be asked to cease their work effort.

(f) In those situations that Government personnel are furloughed, the Contractor may not invoice for their employees working during the Government furlough, until such time as any special legislation affecting Government personnel is signed into law.

(g) When any holiday falls on a Saturday, the preceding Friday is observed; when any holiday falls on a Sunday, the following Monday is observed. All personnel assigned to this IDIQ contract shall limit their observation of holidays to those set forth above.

SECTION G – CONTRACT ADMINISTRATION DATA

CAR COMMERCE ACQUISITION REGULATION DATE

1352.201-70 CONTRACTING OFFICER’S AUTHORITY APR 2010

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

(a) To be determined by separate letter at time of award is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract.

The COR is located at:

To be determined by separate letter at time of award

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions.

Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

CAR 1352.237-74 PROGRESS REPORTS (APR 2010)

The contractor shall submit, to the Government, a progress report every one (1) month(s) after the effective date of the contract, and every one (1) month thereafter during the period of performance. The contractor shall deliver progress reports that summarize the work completed during the performance period, the work forecast for the following period, and state the names, titles and number of hours expended for each of the contractor's professional personnel assigned to the contract, including officials of the contractor. The report shall also include any additional information—including findings and recommendations—that may assist the Government in evaluating progress under this contract. The first report shall include a detailed work outline of the project and the contractor's planned phasing of work by reporting period.

ADDENDUM TO CAR 1352.237-74 PROGRESS REPORTS (APR 2010)

In accordance with FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, the Government will make progress payments monthly as the work proceeds, based on estimates of the work accomplished which meets the standards of quality established under the contract, and as approved by the Contracting Officer.

a. The Government will provide at the pre-construction meeting the form Schedule of Values for Construction Contract Payment, which is required to be completed and submitted prior to the first request for payment. An itemization of value of the various work elements is required to be submitted by the Contractor. The estimated value of each principal category of the work should, when added together, equal the total contract price.

b. In preparing these estimated values, the contractor shall consider the cost of preparatory work, overhead, profit, insurance, taxes, warranties, as-built drawings, etc., typically labeled as "general conditions" are to be pro-rated over the total contract price. Values associated with bonds, may be listed as separate line item(s) and will be paid upon the contractor's furnished evidence of full payment. Values associated with mobilization and demobilization shall be accompanied by detailed breakdowns in support of those costs and shall be noted on the schedule as two (2) separate line items.

c. If satisfactory progress is not achieved during any period for which a progress payment is to be made, the Contracting Officer may withhold up to a maximum of ten (10) percent, per the FAR clause, of the amount due under an invoice and this amount shall be retained until the satisfactory execution and delivery of all submissions are achieved. Examples of unsatisfactory progress include but are not limited to: lack of scheduled progress, untimely submission of required deliverables, i.e., reports, schedule updates, payrolls, etc.

d. A request for final payment must be accompanied by a Release of Claims. A Release of Claims form will be provided to the contractor for use at the post award/pre-construction meeting.

e. The "final" payment request will be rejected and returned to the contractor if all items required under the contract have not been completed, submitted, approved, and accepted prior to the receipt of the request, i.e., deficient work items, payrolls, reports, etc.

NAM 1330-52.242-70 SUBMITTAL OF INVOICES (FEB 2011)

The contractor shall prepare and submit an invoice to the COR for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.

Invoices shall be sent to: Designated COR To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232- 26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies.

If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.

ADDENDUM TO NAM 1330-52.242-70 SUBMITTAL OF INVOICES

Invoices shall be submitted with an original signature to the COR for approval, i.e., a certification by a Contractor official authorized to bind the Contractor, no more than once a month.

Payments shall be based upon measurable or quantifiable performance.

(a) The invoice shall be submitted to the COR identified in the COR appointment letter.

(b) The invoice shall show the amount requested and shall be stamped “original”.

(c) The invoice should include the total charges and include the following information:

1. Name and address of the Contractor;

2. Invoice date and number;

3. Contract number;

4. Contract line item number and description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed;

5. Where applicable, shipping and payment terms;

6. Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice; and

7. Any other information or documentation required by other requirements of the contract.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

CAR COMMERCE ACQUISITION REGULATION DATE

1352.208-70 RESTRICTION ON PRINTING AND

DUPLICATING

APR 2010

1352.209-72 RESTRICTIONS AGAINST DISCLOSURE APR 2010

1352.209-73 COMPLIANCE WITH THE LAWS APR 2010

1352.209-74

1352.228-72

1352.237-71

ORGANIZATIONAL CONFLICT OF

INTEREST

DEDUCTIBLES UNDER REQUIRED

INSUANCE COVERAGE – FIXED PRICE

SECURITY PROCESSING REQUIREMENTS—

LOW RISK CONTRACTS

APR 2010

APR 2010

APR 2010

CAR 1352.228-70 INSURANCE COVERAGE (APR 2010)

(a) Workers Compensation and Employer's Liability. The contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General liability. (1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307–2(b), Property Damage Liability Insurance shall be required in the amount of $0.00.

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

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

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

CAR 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE—

FIXED PRICE (APR 2010)

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

CAR 1352.237-75 KEY PERSONNEL (APR 2010)

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

Project Manager

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

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT

RESTRICTIONS (OCT 2015)

By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in:

(a) 41 U.S.C. § 2103 regarding contacts between a Federal employee working on a procurement and an offeror about prospective employment;

(b) 18 U.S.C. § 207 regarding the restrictions on former Federal employees having contact with a Federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a Federal employee or for which the former Federal employee had official responsibility;

(c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former Federal agency on behalf of another person or entity concerning any official matter; and

(d) 41 U.S.C. § 2104 regarding the restrictions on a former Federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor. (End of solicitation and contract language).

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

PREVENTION AND RESPONSE POLICY (MAY 2018)

In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy, it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NOAA prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for NOAA.

(a) Definitions.

Contractor Employees - The term “contractor employees,” as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members.

Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim.

Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true:

● Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment;

● Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

● The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient’s sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures.

(b) Requirements.

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

1. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor.

1. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the Contracting Officer’s Representative (COR), subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6.07, Reporting from Remote Locations.

1. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants’ needs are addressed.

1. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor’s written policy (where applicable).

1. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within 30 business days of contract award or the date a contractor employee is assigned to perform under the contract, as applicable.

Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion.

Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance.

1. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA’s Workplace Violence Program Manager. A link to the website including the required elements of the training is provided at https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed.

1. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training.

1. NOAA’s Workplace Violence Program Manager, COR, or CO may periodically review the contractor’s training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor.

1. Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of NAO 202-1106.

1. The contractor shall provide a copy of this solicitation and contract language and NAO

202-1106 to contractor employees.

(c) Sexual Assault/Sexual Harassment (SASH) Helpline.

For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee.

All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week.

The NOAA SASH helpline is accessible through a variety of channels, including:

● Phone: 1-866-288-6558

● Website & Online Chat: https://www.noaasashhelpline.org/

● Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores)

● Text: (202) 335-0265

(d) Confidentiality.

Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. “Confidentiality” means that the information shall only be shared with others who have a need to know the information to conduct their official duties.

(e) Remedies.

In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in:

1. Requiring the contractor to remove a contractor employee or employees from the performance of the contract;

2. Requiring the contractor to terminate a subcontract;

3. Suspension of contract payments until the Contractor has taken appropriate remedial action;

4. Termination of the contract for default or cause, in accordance with the termination clause of this contract;

5. Suspension or debarment; or

6. Other appropriate action.

NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS

(a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when:

● Included in NOAA’s locator, and

● When submitting any type of electronic correspondence to any NOAA employee or stakeholder.

(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.

(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.

NAM 1330-52.237-71 NOAA GOVERNMENT – CONTRACTOR RELATIONS- NON-

PERSONAL SERVICES (SEP 2017)

(a) The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services as defined in

FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

1. Be placed in a position where they are under relatively continuous supervision and control of a Government employee.

2. Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other contractors performing under other NOAA contracts.

(c) The services to be performed under this contract do not require the contractor or the contractor’s personnel to exercise personal judgement and discretion on behalf of the Government. Rather, the contractor’s personnel will act and exercise personal judgement and discretion on behalf of the contractor.

(d) Rules, regulations, directives, and requirements that are issued by the Department of Commerce and NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(e) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies:

1. The contractor shall notify the contracting officer in writing within 5 business days from the date of any situation or occurrence where the contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance.

The contracting officer will review the information provided by the contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the contractor. The contracting officer’s response will provide a decision on whether the contracting officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue.

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

(a)

1. The performance of this contract requires employees of the prime contractor or its subcontractors, affiliates, consultants, or team members (“contractor employees”) to have access to and to the extent authorized, mobility within, a NOAA facility.

1. NOAA may close and or otherwise deny contractor employees access to a NOAA facility for a portion of a business day or longer for various reasons including, but not limited, to the following events:

i.Federal public holidays for Federal employees in accordance with 5 U.S.C.

6103;

ii.Fires, floods, earthquakes, and unusually severe weather, including but not limited to snow storms, tornadoes, and hurricanes;

iii.Occupational safety or health hazards;

iv.Lapse in Appropriations; or v.Federal Statute, Executive Order, Presidential Proclamation, or any other unforeseen reason.

1. In such events, the contractor employees may be denied access to a NOAA facility that is ordinarily available for the contractor to perform work or make delivery, as required by the contract.

(b) In all instances where contractors are denied access or required to vacate a NOAA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, either directly or through the Contracting Officer’s Representative (COR), which could include continuing on-site performance during the NOAA facility closure period; however, if Government oversight is required and is not available, on-site performance shall not be allowed. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts, for example, performing required work off- site if possible or reassigning personnel to other activities if appropriate.

(c) The contractor shall be responsible for monitoring the Office of Personnel Management at opm.gov, the local radio, television stations, NOAA web sites, and other communication channels. Once the facility is accessible, the contractor shall resume contract performance as required by the contract.

(d) For the period that NOAA facilities were not accessible to contractors who required access in order to perform the services, the contracting officer may—

1. Adjust the contract performance or delivery schedule for a period equivalent to the period the NOAA facility was not accessible;

2. Forego the work; or

3. Reschedule the work by mutual agreement of the parties.

(e) Notification procedures of a NOAA facility closure, including contractor denial of access, are as follows:

1. The contractor shall be responsible for notification of its employees of the NOAA facility closure to include denial of access to the NOAA facility. The dismissal of NOAA employees in accordance with statute and regulations providing for such dismissals shall not, in itself, equate to a NOAA facility closure in which contractors are denied access.

Moreover, the leave status of NOAA employees shall not be conveyed or imputed to contractor personnel. Accordingly, unless a NOAA facility is closed and the contractor is denied access to the facility, the contractor shall continue performance in accordance with the contract.

1. Access to Government facilities and resources, including equipment and systems, will be limited and personnel necessary to administer contract performance may not be available.

Generally, supply and service contracts that are funded beyond the date of the lapse in appropriation and do not require access to Government facilities, active administration by Government personnel or the use of Government resources in a manner that would cause the Government to incur additional obligations during the lapse in appropriation may continue. If a delivery date for a contract falls during the period of a lapse in appropriations, Government personnel may not be available to receive delivery.

Contractors are directed to consult with a contracting officer before attempting to make a delivery. Contracting officers will be available throughout the lapse in appropriation period to provide guidance.

Once OMB guidance is given, CORs, in consultation with the contracting officer, will notify those contractors that are deemed by the Program Office to be performing excepted work and identify the contractor personnel requiring access to NOAA facilities.

CORs will also coordinate directly with facility management or physical security personnel at respective locations to ensure that the names of contractor personnel requiring access to Government facilities during the lapse in appropriations are provided to physical security personnel.

Contractors who are not designated as performing excepted work are not allowed access to Government facilities or to utilize Government resources in a manner that would incur any additional obligation of funding on behalf of the Government during the lapse in appropriation.

3. Unless otherwise specified within the contract award, contractors requiring access to NOAA facilities outside normal business hours or outside the normal workweek shall submit a written request in writing through the COR to the contracting officer. The written request shall provide justification supporting the required access and be submitted 72 hours before access to the NOAA facility is needed.

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

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the contractor believes the Government is liable. The request shall include only costs for performing the change. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) Any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official’s Name)

(Title)

(c) The certification in paragraph (b) of this solicitation and contract language requires full disclosure of all relevant facts, including:

1. Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

2. Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this…