AB-133E-16-RQ-0037_SSPA_Spares_RFQ.pdf

COMBINED SYNOPSIS/SOLICITATION – Request for Quotation (RFQ) AB-133E-16-RQ-0037

Teledyne Paradise Datacom Solid State Power Amplifier (SSPA) Spare/Replacement Parts for the Geostationary Operational Environmental Satellite Series R (GOES-R) Antenna System

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued. The Government intends to award a firm-fixed-price supply contract based upon its selection of the Lowest Priced Technically Acceptable (LPTA) offer. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-85, effective 04 Jan 2016. This RFQ is being issued as Other Than Full and Open Competition – Brand-Name: Teledyne Paradise Datacom. The associated NAICS code is 334220, Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing. The small business size standard is 750 employees.

NOTE: If parties choose to respond, any cost associated with preparation and submission of data or any other cost incurred in response to this announcement are the sole responsibility of the respondent and will not be reimbursed by the Government.

The offeror will submit a quote for the items referred to in Section 11 of Attachment 1, Standard Form

18. Shipping and a two-year standard manufacturer’s warranty shall be included in unit pricing and not broken out separately.

Acceptance and Testing:

The X-band and S-band spare chassis provided under CLINs 0002 and 0014 (see Attachment 1) will each be integrated into the respective SSPA racks of the GOES-R Antenna system. Prior to integration of the chassis under test, the Government will baseline the operational SSPA system. The rack under test will contain one chassis from the operational system and one spare chassis. The resulting SSPA rack will be configured, tuned, and tested at the system level by the Government to determine if any system degradation occurs. Testing will be accomplished as outlined in Teledyne Paradise Datacom S-band SSPA Production Testing document DWG No. 211287 Rev D, dated 08/30/13, and X-band SSPA Production Testing document DWG No. 211288 Rev A, dated 09/25/12 (offerors may contact Teledyne Paradise Datacom for additional information regarding production testing procedures and processes) and results must be in accordance with the performance parameters in Attachment 2, SSPA System-Level Minimum Performance Parameters. In the event the minimum performance values are not in accordance with Attachment 2, the Government will inform the offeror and supply a report indicating which minimum performance results have not been met. If a tested SSPA chassis fails, it will be returned to the offeror for repair or replacement by Teledyne and shipped back to the Government for retesting. After acceptance, the spares will be de-integrated and stored by the Government for future use. The offeror shall provide Operations and Maintenance training (outlined below) prior to shipment of the initial spare units. The actual training date(s) will be coordinated in advance with the Government to ensure minimal impact to ongoing satellite operations.

The offeror shall provide notification at least ten (10) days prior to factory testing at Teledyne Paradise Datacom of each SSPA chassis such that the Government will have the option to observe the testing at the factory. The offeror shall supply the factory test results to the Government no later than ten (10) days prior to shipment of each SSPA chassis.

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Operations and Maintenance (O&M) Training: The offeror shall provide training through Teledyne Paradise Datacom to the Government which addresses installation, configuration, and maintenance of the SSPA spares. The training will be conducted on site at the NOAA/NESDIS Wallops Command and Data Acquisition Station (WCDAS) in Wallops, VA.

Training shall, at a minimum, cover the following topics:

1) Overview of the S-band and X-band SSPA systems. Describe the functionality of each component in the system and how it interacts to create a functional system, with an emphasis upon the purchased spare chassis and their role in this process.

2) Detailed description of removal and integration procedures for the purchased spares. Describe the available system-level parameters which can be monitored or measured that will provide an indication of a successful integration. These procedures shall be demonstrated on a Government S-band and X-band SSPA system. Hands-on training for students attending this training shall be provided.

3) Describe and discuss configuration parameters relevant to purchased spares and GOES-R S-band and X-band SSPA system level configurations. Students should understand each configurable parameter in the system, its relevance to the system and how it may or may not impact system performance. These configurations shall be demonstrated on a Government S-band and X-band SSPA system. Hands-on training for students attending this training shall be provided.

4) Provide a troubleshooting matrix on commonly observed issues.

5) Open question and answer sessions: Address student questions and demonstrate solutions on a

Government S-band and X-band SSPA system, if feasible.

The resulting contract will require all items listed in Attachment 1, Standard Form 18, to be delivered within 120 days ARO to the following address:

DOC/NOAA/NESDIS

Wallops Command Data Acquisition Station 35663 Chincoteague Road Wallops VA 23337-0039

Addenda to FAR 52.212-1, Instructions to Offerors – Commercial Items (Apr 2014)

NOTICE TO OFFERORS: Instructions for submitting quotations under this RFQ must be followed exactly as written. Offerors who fail to provide all specified information may be considered ineligible for award and be excluded from further evaluation. The Government reserves the right to award with or without discussions.

Offerors are further instructed to:

1. Submit quotes and all other requested documentation along with a completed Standard

Form (SF) 18. That includes providing all of the information requested in Sections 13 through 16 of the SF 18.

2. Submit quotes no later than 5:00 p.m. EST on 22 February 2016 to:

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Michael Winstead GOES-R Ground Segment, Code – 416 NASA Goddard Space Flight Center 8800 Greenbelt Rd., Bldg.6, Rm. W212 Greenbelt, MD 20771

Electronically sent quotes are preferable and may be emailed to the Contract Specialist, Michael Winstead at michael.winstead@noaa.gov with a courtesy copy sent to the Contracting Officer, Fred Pohlmann at fred.pohlmann@noaa.gov.

3. Provide, at a minimum, the following additional information:

a. Name, telephone number, and email address of your designated Point-of-Contact.

b. DUNS number and CAGE code for your company.

4. Formally acknowledge each amendment to this solicitation, if applicable, by completing the appropriate sections on the corresponding Standard Form 30, Amendment of Solicitation/ Modification of Contract (i.e., Block 8 and Blocks 15A through 15C).

Any questions regarding this solicitation shall be directed to the Contract Specialist, Michael Winstead at michael.winstead@noaa.gov with a courtesy copy sent to the Contracting Officer, Fred Pohlmann at fred.pohlmann@noaa.gov. Offerors shall submit all questions concerning this solicitation in writing, no later than 2:00 p.m. EST on 20 January 2016. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation via FedBizOpps (www.fbo.gov). Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

*** Firms offering a response to this notice shall ensure they are registered in the System for Award Management (SAM) (https://www.sam.gov/portal/public/SAM/) and it is highly suggested the applicable NAICS code is included in their SAM profile prior to submission of proposals. In order to register in SAM and be eligible to receive an award, all offerors shall also have a Data Universal Numbering System (DUNS) number. DUNS numbers may be obtained free of charge by contacting Dun & Bradstreet, Inc. on-line at: http://www.dnb.com/ or by phone at (800) 333-0505. ***

(End of provision)

FAR 52.212-2, Evaluation – Commercial Items (Oct 2014)

Offers will be evaluated based on the factors set forth in paragraph (a), and award will be made on the basis of the lowest evaluated price of quotations for all line items shown in the Schedule meeting or exceeding the acceptability standards for non-cost factors.

(a) The Government intends to award a single contract resulting from this RFQ; therefore, all offers must include prices for all items shown in the Schedule in order to be considered for award.

The following factors shall be used to evaluate offers:

mailto:michael.winstead@noaa.gov mailto:fred.pohlmann@noaa.gov mailto:michael.winstead@noaa.gov mailto:fred.pohlmann@noaa.gov http://www.fbo.gov/ http://www.dnb.com/

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1. Technical: Items offered shall be new and as provided by Teledyne Paradise Datacom and properly configured to conform to requirements for use in the GOES-R SSPA and Antenna system. In addition, the required O&M training shall be provided through Teledyne on-site at WCDAS as outlined above.

2. Past Performance: The Government reserves the right to assess past performance and will use its discretion to determine the sources of past performance information used in the evaluation (Note: The information may be obtained from references provided by the offeror, the agency’s knowledge of Contractor performance, other Government agencies or commercial entities, or past performance databases). The offeror shall provide the names, phone numbers, and email addresses of at least two (2) references to whom they have sold similar parts as specified who can attest to the offeror’s responsiveness, product quality, and level of customer service within the last three (3) years.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance.

3. Price. All offers with separately priced line items or subline items shall be analyzed to determine if the prices are unbalanced. If cost or price analysis techniques indicate that an offer is unbalanced, the contracting officer shall—

(i) Consider the risks to the Government associated with the unbalanced pricing in determining the competitive range and in making the source selection decision; and

(ii) Consider whether award of the contract will result in paying unreasonably high prices for contract performance.

An offer may be rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.

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

(c) Acceptance Period is defined as the number of calendar days available to the Government for awarding a contract in response to the Proposal/Quote submitted under this RFQ.

1. The Government requires a Minimum Proposal/Quote acceptance period of 90 days from the date established for receipt of proposals/quotes or the date established for receipt of final proposals/quotes.

2. Offerors may propose a longer period than the Minimum Acceptance Period stated.

3. The Government will confirm validity of quotes received as firm offers to provide the supplies/services specified in the Schedule prior to making contract award.

(End of provision)

FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (Mar 2015)

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The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through

(p) of this provision.*

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]*

*Offerors are required to submit the applicable paragraphs at (c) through (p) with quote if required to be completed as outlined above.

(End of provision)

The following FAR provisions and clauses, incorporated by reference, are applicable to this acquisition:

52.203-3, Gratuities (Apr 1984)

52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-7, System for Award Management (Jul 2013)

52.204-13, System for Award Management Maintenance (Jul 2013)

52.204-16, Commercial and Government Entity Code Reporting (Jul 2015) http://www.acquisition.gov/ https://www.acquisition.gov/

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52.204-17, Ownership or Control of Offeror (Nov 2014)

52.204-18, Commercial and Government Entity Code Maintenance (Jul 2015)

52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation (Dec 2014)

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

52.212-1, Instructions to Offerors – Commercial Items (Apr 2014)

52.212-4, Contract Terms and Conditions – Commercial Items (May 2015)

52.219-1, Small Business Program Representations (Oct 2014)

52.222-37, Employment Reports on Veterans (Jul 2014)

52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Dec 2012)

52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

The following FAR provisions and clauses, included in full text, are applicable to this acquisition:

52.209-7, Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision—

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

“Federal contracts and grants with total value greater than $10,000,000” means—

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -

- Commercial Items (May 2015) https://www.acquisition.gov/

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553)

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

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

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Effective March 1, 2011)

(22) 52.219-28, Post-Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2))

(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755)

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126)

(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246)

(29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212)

(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793)

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496)

(33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627)

(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513)

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

(44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury)

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(50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332)

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

N/A

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

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

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

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

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

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67.)

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

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.

13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of clause)

52.225-18, Place of Manufacture (Mar 2015)

(a) Definitions. As used in this clause— “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ] Outside the United States.

52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)

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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 these addresses: http://www.acquisition.gov/far/ and http://farsite.hill.af.mil/vfcara.htm.

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 these addresses:

http://www.acquisition.gov/far/ and http://farsite.hill.af.mil/vfcara.htm

(End of clause)

The following Department of Commerce provisions and clauses, incorporated by reference, are applicable to this acquisition:

1352.209–73, Compliance with the Laws (Apr 2010)

1352.209–74, Organizational Conflict of Interest (Apr 2010)

1352.239-72, Security requirements for information technology resources (Apr 2010)

The following Department of Commerce provisions and clauses, included in full text, are applicable to this acquisition:

1352.201-70, Contracting Officer’s Authority

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

1352.233–70, Agency Protests (Apr 2010) http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vfcara.htm http://www.acquisition.gov/far/ http://farsite.hill.af.mil/vfcara.htm

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(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 FR 16,651 (April 6, 1999).

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

Fred M. Pohlmann NASA Goddard Space Flight Center NOAA GOES-R Ground Segment Project Office, Code 416 8800 Greenbelt Rd., Bldg.6, Rm. W211 Greenbelt, MD 20771

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

Senior Procurement Executive U.S. Department of Commerce Herbert C. Hoover Building Room 6422 14th Street and Constitution Avenue, N.W.

Washington DC 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, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue NW, Washington, DC 20230. FAX: (202) 482–5858.

(End of clause)

1352.233-71, GAO and Court of Federal Claims Protests (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue NW, Washington, DC 20230. FAX: (202) 482–5858.

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1352.246-70, Place of acceptance (Apr 2010)

(a) The authorized Government Representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

NOAA/NESDIS

Wallops Command Data Acquisition Station 35663 Chincoteague Road Wallops VA 23337-0039

(End of clause)

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that-

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) The Offeror represents that, as of the date of this offer -

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Supply Chain Risk Assessment (SCRA) Requirements (Sep 2015)

RFQ AB-133E-16-RQ-0037 15

In accordance with Department of Commerce Procurement Memorandum 2015-08 dated 30 Sep 2015, Supply Chain Risk Assessment (SCRA) Requirements for the Acquisition of Moderate-Impact and High-Impact Information Systems, the following supply chain risk assessment requirements apply to this RFQ and resulting contract award:

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

(end)

b. Non Destructive and Destructive Testing (Sept 2015) The Department of Commerce may engage in non-destructive and/or destructive testing of any information system, equipment, and software to determine whether it will negatively affect the security or performance of a Department of Commerce information system.

(end)

c. Supply Chain Risk Assessment Information (Sept 2015) The offeror/contractor shall submit the following information with its proposal or after award at the Government's request:

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

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

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

(A)(1) or (2).

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

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

i. Formal security program that includes personnel security;

ii. Information security program;

iii. Physical security program;

iv. Cyber security program; and

v. Supply chain risk management program.

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

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

RFQ AB-133E-16-RQ-0037 16

contract or task order.

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

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

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

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

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

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

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

(end)

d. Evaluation of Supply Chain Risk Assessment Information (Sept 2015)

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

(end)

e. Novation Agreement for Acquiring Certain Information Technology (Sept 2015)

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

RFQ AB-133E-16-RQ-0037 17

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

(end)

LIST OF ATTACHMENTS:

1. Standard Form 18 AB-133E-16-RQ-0037

2. SSPA System-Level Minimum Performance Parameters