ABL-21019 RFQ LPW AVIATION SERVICES.docx

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Auke Bay Laboratories Aviation Charter Services Federal contract opportunity
Solicitation number
ABL-21019
Issued by
Department of Commerce National Oceanic and Atmospheric Administration

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REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

This RFQ [ X] is [ ] is not a Small Business Set-Aside
Page

Of Pages

1. REQUEST NO.

ABL – 21019

2. DATE ISSUED

03/16/2021

3. REQUISITION/PURCHASE REQUEST NO.

4. CERT. FOR NAT. DEF. UNDER BDSA REG. 2 AND/OR DMS REG.1🡺
RATING

5a. ISSUED BY: U.S. DEPT. OF COMMERCE, NOAA, NMFS, AUKE BAY LABORATORIES

17109 PT LENA LOOP RD, JUNEAU, AK 99801

6. DELIVER BY (Date)

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

7. DELIVERY

NAME
TELEPHONE NUMBER
[X ] FOB DESTINATION[ ] OTHER (see schedule)

HEATHER MAHLE

HEATHER.MAHLE@NOAA.GOV

AREA CODE

NUMBER

789-6021

9. DESTINATION

a. NAME OF CONSIGNEE USDOC/NOAA

AFSC, AUKE BAY LABORATORIES, TSMRI FACILITY

8. TO:

a. NAME

b. COMPANY

b. STREET ADDRESS

17109 PT. LENA LOOP ROAD

c. STREET ADDRESS

c. CITY

JUNEAU

d. CITY

e. STATE

f. ZIP CODE
d. STATE

AK

e. ZIP CODE 99801

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE 11:00AM, ALASKA TIME:

03/31/2021 IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local Taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

FIXED WING ON-CALL SERVICES ON AN AS-NEEDED BASIS IN ACCORDANCE WITH THE ATTACHED STATEMENT OF WORK.

PRICING PROVIDED ON PAGE 2 OF THIS RFQ

AWARD WILL BE ISSUED TO BEST VALUE

LT

12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS %

b. 20 CALENDAR DAYS %

c. 30 CALENDAR DAYS %

d. CALENDAR DAYS

NUMBER

PERCENTAGE

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER
14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS

a. NAME (type or print)
b. TELEPHONE

c. CITY, STATE, ZIP

AREA CODE

c. TITLE (type or print)

OMB Approval No. 9000-0009

Authorized for Local Reproduction STANDARD FORM 18 (Rev. 6-95) Previous Edition Not Usable Prescribed by GSA FAR (48 CFR) 53.215-1(a)

QUOTED BY:_______________________________ DATE__________________________________

COMPANY NAME:__________________________ email ADDRESS:___________________________

PHONE:__________________________ SMALL BUSINESS?_______________________

FAX:_____________________________ TAX ID NUMBER:_________________________

ADDRESS:_______________________

_________________________________ DUNS no._________________________________

_________________________________ CAGE CODE (CCR):_______________________

FAX QUOTE TO HEATHER MAHLE AT (907) 789-6004

Or email Heather.Mahle@NOAA.GOV

Award will only be issued to Vendors/Contractors who:

1. Have a Data Universal Numbering System (DUNS)

2. Registered and Active at www.sam.gov

Appendix A:

Item #1 Description – Single Engine Piston Aircraft – Four (4) seats or greater

OFFEROR ‘S

NAME

AK BASE(S)

OF OPERATION

MAKE/MODEL/CONFIGURATION

(aircraft identified must be at the same rates)

FAA REGISTRATION

NUMBER

INSURED PAX SEATS

GROSS WEIGHT
CARGO

ONLY

N

N

PERIOD
DESCRIPTION
PAY ITEM
UNIT
UNIT PRICE
Year 1
4/1/21 – 3/31/22

Flight Rate (Fuel Included)

FD
Round Trip
$
Year 2
4/1/22 – 3/31/23
Flight Rate (Fuel Included)
FD
Round Trip
$
PERIOD
DESCRIPTION
PAY ITEM
UNIT
UNIT PRICE
Year 1
4/1/21 – 3/31/22
Standby Rate
SB
HOUR
$
Year 2
4/1/22 – 3/31/23
Standby Rate
SB
HOUR
$

Item #2 Description – Single Engine Turbine Aircraft – Four (4) seats or greater

OFFEROR ‘S

NAME

AK BASE(S)

OF OPERATION

MAKE/MODEL/CONFIGURATION

(aircraft identified must be at the same rates)

FAA REGISTRATION

NUMBER

INSURED PAX SEATS

GROSS WEIGHT
CARGO

ONLY

N

PERIOD
DESCRIPTION
PAY ITEM
UNIT
UNIT PRICE
Year 1
4/1/21 – 3/31/22

Flight Rate (Fuel Included)

FD
Round Trip
$
Year 2
4/1/22 – 3/31/23
Flight Rate (Fuel Included)
FD
Round Trip
$
PERIOD
DESCRIPTION
PAY ITEM
UNIT
UNIT PRICE
Year 1
4/1/21 – 3/31/22
Standby Rate
SB
HOUR
$
Year 2
4/1/22 – 3/31/23
Standby Rate
SB
HOUR
$

Performance Work Statement National Oceanic and Atmospheric Administration (NOAA) NOAA Fisheries National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) Alaska Fisheries Science Center (AFSC) Auke Bay Laboratories Aviation Charter Services

Background

The National Marine Fisheries Service (NMFS) conducts research on a wide variety of topics relating to the health of our endangered and sustainable fish and fisheries including: the effects of aquaculture reared species on wild populations; the effects of genetic bottlenecks on productivity of fish populations; and the utility of freshwater sanctuaries for long term survival of anadromous fish. Additionally, NMFS monitors annual biological and climate data to study the effects of climate change on ocean migration, growth, condition, and survival of salmonids along with other commercially important species.

The Alaska Fisheries Science Center, Auke Bay Laboratory requires Air Charter Services to transport personnel and supplies from Juneau Alaska to its remote field station at NOAA’s Little Port Water Marine Research Station (LPW) located on Southern Baranof Island in SE Alaska. NOAA’s LPW resides approximately 150 miles from the Juneau International Airport (JNU) 1873 Shell Simmons Dr, Juneau, AK 99801 and approximately 60 miles from Sitka Rocky Gutierrez Airport. Currently NOAA charters fixed wing aircraft on floats approximately 40 times per year to transports personnel and supplies to the station.

SCHEDULE OF SUPPLIES/SERVICES

General

Award(s) anticipated for fixed wing on-call services on an as-needed basis for transportation to and from LPW for NOAA mission personnel, cargo, or both using aircraft operated and maintained by the Contractor. Actual quantities of flights and type of aircraft required are unknown, however a firm fixed award is anticipated based upon historical needs. The quantities will vary month to month, according to the weather and unscheduled needs of the Government. In no event will the total of the Award(s) exceed the Simplified Acquisition Threshold. Flights will only be scheduled under obligated and available funding provided in resulting Award(s).

Pricing Schedule Pricing for each type of aircraft can be submitted using pricing schedule (Appendix A). All flight rates should be bid DRY, without fuel, for flight services. All fuel will be reimbursed for actual expenses of Contractor-provided fuel (receipts required).

Technical Specification General Requirements

1) The aviation operation description is as follows:

a) NOAA requires Point to Point transportation of passengers and supplies between Juneau and Sitka to Little Port Walter year around. Little Port Walter Field Station is remote without land based airports, roads, or landing pads. Water landing at its FAA certified seaplane base is the only option, therefore only fixed wing aircraft with floats are required.

b) Minimum aircraft options available to charter throughout the year: Single engine fixed wing on fixed or amphibious floats with a minimum passenger capacity of four with a minimum load capacity of 800lbs in summer and 700lbs in winter.

c) All flights will be required to be conducted during daylight hours. Daylight hours are defined as during extended twilight hours when terrain features can be readily distinguished for a distance of at least one mile.

d) Passenger briefings. Before each takeoff, the pilot shall ensure that all passengers have been briefed in accordance with the briefing items contained in 14 CFR 135. Additionally, the briefing must describe the location/use of the following:

i) Aircraft hazards

ii) Emergency locator transmitter (ELT) and location of remote activator

iii) First aid kit

iv) Personal protective equipment

v) Gear and cargo security

vi) Water ditching procedures ( when applicable)

e) Pilots must file and operate on an FAA approved flight plan. Contractor flight plans are not acceptable. Flight plans must be filed prior to takeoff when possible.

f) Smoking will not be allowed in the aircraft.

g) Low level flight (below 500 feet AGL) may be required. The minimum safe altitude requirements of 14 CFR 91.119 must be adhered to at all times.

h) Only personnel necessary to the mission must be on board the aircraft.

i) Pilot Requirements:

i) Must have satisfactorily completed an FAA competency check (14 CFR 135.293 or 14 CFR 121 equivalent) for the make and model offered in this contract. This flight check must be kept valid throughout the contract period.

ii) Must meet flight time requirements of 14 CFR Part 135 or Part 121 and a minimum of 500hrs of flight experience piloting a fixed wing on floats aircraft in South East Alaska.

2) The contractor shall have a Flight Program that incorporates risk management techniques in accordance with FAA Advisory Circular 120-92(Series).

3) The contractor's Flight Program Standards will be contained in a single or multiple volume program document, available upon request to the assigned Contracting Officer, Contracting Officer's Representative, and NOAA Aviation Safety Program Manager, that describes the contractor's processes, procedures, and policies that address and contain the following areas:

a) Management/administration of their flight program

b) Operation of their flight program

c) Maintenance program for contractor owned or operated aircraft

d) Training program for flight program personnel including aviation safety personnel and management

e) Aviation and Ground Safety Program

f) Accident reporting and investigation as appropriate

g) Data submitted to the Contracting Officer and/or Contracting Officer's representative as required for FAIRS reporting to the General Services Administration

4) The contractor will establish, require, and maintain an effective Management/Administration program, recorded and documented in the program document, which describes and requires:

a) A management structure responsible for the administration, operation, safety, training, maintenance, and financial needs of their aviation operation (including establishing minimum requirements for these items for any commercial contracts); and

b) Guidance describing the roles, responsibilities, and authorities of your flight program personnel, e.g., managers, pilots and other crewmembers, flight safety personnel, maintenance personnel, administrative personnel and dispatchers.

c) The Contractor must, upon request, and within a reasonable time period, provide a copy of, or access to, all reports required by the Federal Aviation Regulations that relate to pilot and maintenance personnel performance, aircraft airworthiness or operations to the Contracting Officer, Contracting Officer's Representative, and/or the NOAA Aviation Safety Program Manager (ASPM). Examples of these reports are shown in paragraphs 14 CFR Part 135.415 Mechanical Reliability Reports and Part 135.417 Mechanical Interruption Summary Reports required of the Federal Aviation Regulations, 49 CFR Part 830.5 and 49 CFR 830.15, and FAA Form 8010-4, Malfunction or Defect Report.

d) Upon advanced request, on or about the contract award date, and then approximately every two years, the contractor will and shall allow federal personnel and/or the ASPM to visit program facilities in person, and/or virtually; and interview program management personnel, aircrew, and program support personnel; to inspect facilities, aircraft, program records, contractor program documentation, and any other contract associated areas. The contractor will assist the federal inspectors or inspection teams in completing inspections and audits. At the sole discretion of the ASPM, an audit or assessment conducted by another federal department or agency, or recognized industry auditing standard provider, may be accepted as evidence of compliance with this paragraph. The contractor will address any findings of the inspection team within 90 days unless the findings pose an immediate risk of injury or death, for which the contractor will stop operations and correct the finding. Corrected findings may be re-inspected in person or virtually at the discretion of the federal inspector team lead. Findings not corrected will be forwarded to the Contracting Officer for adjudication and processing as necessary. The results of any inspections and/or audits will be shared with the Contracting Officer.

5) For the operations of their program aircraft, the contractor will establish, require, and maintain an effective Operations Program, recorded and documented in the program document that describes and requires:

a) Basic qualifications and currency requirements for pilots and other crewmembers, maintenance personnel, administrative personnel and other mission-related personnel;

b) Limitations on duty time and flight time for pilots and other crewmembers;

c) Procedures to record and track flight time, duty time, training of crewmembers, and applicable medical requirements;

d) Compliance with FAA, owning-agency, or military safety of flight notices and operational bulletins;

e) Flight-following procedures to notify management and initiate search and rescue operations for lost or downed aircraft;

f) Dissemination, as the contractor determines appropriate, of a disclosure statement to all crewmembers and qualified non-crewmembers who fly aboard contractor aircraft (for example content, see Appendix A of 41 CFR part 102-33);

g) Creation of a manifest, at the origin of each flight, that contains the full names of all persons on board for each leg of flight, a point of contact for each person, and phone numbers for the points of contact;

h) Documentation of any changes in the manifest by leg, and retention of manifests for two years from the time of flight;

i) Procedures for reconciling flight manifests with persons actually on board and a method to test those procedures periodically;

j) At the origin of each flight, preparation of a complete weight and balance computation and a cargo-loading manifest, and retention of this computation and manifest for 30 days from the date of flight;

k) Appropriate emergency procedures and equipment for specific missions;

l) Procedures to ensure that required Aviation Life Support Equipment (ALSE) is inspected and serviceable; and

m) Procedures to implement a “risk assessment” before each flight and/or as frequently as necessary that include such items as weather, crew rest, type of flight (low level, Instrument Flight Rules (IFR), night, etc.) crew makeup, etc. This process should be accomplished in accordance with your contractor operations, flight dispatch, or flight following procedures/program.

6) For maintenance of their program aircraft, the contractor will establish, require, and maintain an effective Maintenance Program, recorded and documented in the program document that describes and requires:

a) Procedures to record and track duty time and training of maintenance personnel;

b) Aircraft maintenance and inspection programs that comply with whichever is most applicable among-

i) Programs for ex-military aircraft;

ii) Manufacturers' programs;

iii) FAA-approved programs (i.e., following the applicable parts of 14 CFR);

iv) FAA-accepted programs (i.e., those following ICAP guides or similar programs that have been accepted by the FAA); or

v) The contractor's self-prescribed programs;

c) Compliance with owning-agency or military safety of flight notices, FAA airworthiness directives, advisory circulars and orders, or mandatory manufacturers' bulletins applicable to the types of aircraft, engines, propellers, and appliances you operate;

d) Procedures for operating aircraft with inoperable instruments and equipment (i.e., Minimum Equipment Lists and Configuration Deviation Lists);

e) Technical support, including appropriate engineering documentation and testing, for aircraft, powerplant, propeller, or appliance repairs, modifications, or equipment installations;

f) A quality control system for acquiring replacements, ensuring that the parts you acquire are suitable replacement parts and have the documentation needed to determine that they are safe for flight and are inspected and tested, as applicable;

g) Procedures for recording and tracking maintenance actions; inspections; and the flight hours, cycles, and calendar times of life-limited parts and FSCAP; and

h) The use of alternative aviation fuels in fleet aircraft to the maximum extent possible consistent with the availability of approved alternative fuels and aircraft operating procedures or manuals for those aircraft.

7) For the training of personnel in their program, the contractor will establish, require, and maintain an effective Training Program, recorded and documented in the program document that describes and requires:

a) An instructional program to train flight program personnel, initially and on a recurrent basis, in their roles, responsibilities, authorities, and in the operational skills relevant to the types of operations that you conduct. Flight program personnel may include, e.g., managers, pilots and other crewmembers, flight safety personnel, maintenance personnel, administrative personnel and dispatchers; and

b) An instructional program that meets the specific requirements for safety manager training identified in paragraph (q).

8) The Contractor shall keep and maintain programs necessary to assure safety of ground and flight operations. The development and maintenance of these programs are a material part of the performance of the contract. For aviation, maintenance, and ground safety in their program, the contractor will establish, require, and maintain an effective Safety Management System, recorded and documented in the program document that describes and requires:

a) A Safety Management System (SMS) that complies with the FAA’s current Advisory Circular (AC 120-92(series)) that addresses Safety Management Systems (SMS) or an equivalent internationally recognized SMS standard.

b) The Contractor must provide a submittal of their company Safety Management System (SMS) Plan/safety program within 30 days after notice of award. The Contractor’s submittal must consist of implemented practices and not simply a SMS Plan which has been purchased but never implemented. For purposes of this submittal, the SMS Plan/safety program must be organized under the following five components:

i) Safety Policy

ii) Safety Risk Management

iii) Safety Assurance

iv) Safety Promotion

v) SMS Records and Record Keeping

c) Contractor employees working under this contract must be familiar with the SMS plan and complete training in accordance with the SMS plan requirements. The ASPM may at any time conduct assurance reviews with contractor employees performing on this contract to ensure they are familiar with the company’s SMS plan. The Contractor is required to provide updates to the CO that are made to their SMS Plan/safety program during the life of the contract.

d) The SMS shall include:

i) Policies that define clear roles and responsibilities for implementing, operating, and maintaining the SMS. This includes ensuring that senior level management has the ultimate responsibility for your SMS. It also includes appointing members of management as qualified aviation safety managers and safety officers (i.e., individuals who are responsible for an agency's aviation safety program, regardless of title), who should be—

(1) Experienced as pilots, crewmembers, maintenance personnel, or have experience in aviation management or aviation maintenance program management; and

(2) Graduated or certificated from an aviation safety officer course provided by a recognized training provider and authority in aviation safety before appointment or within one year after appointment; and

ii) A program for preventing accidents, which includes—

(1) Measurable accident prevention procedures (e.g., safety reviews, clear roles and responsibilities, operations and maintenance procedures, pilot and mechanic proficiency evaluations, fire drills, hazard analyses);

(2) A procedure or system for disseminating accident-prevention information;

(3) Safety training;

(4) An aviation safety awards program that includes applying for the annual Federal Aviation Awards as appropriate;

(5) A safety council or committee;

iii) Procedures and processes for risk analysis and risk management that identify and mitigate hazards through formal administrative and engineering controls and provide recommendations to senior level managers for managing risk to an optimum level;

iv) Policies that require the use of independent, unbiased inspectors to verify compliance with the standards called for in this guidance;

v) Procedures for reporting unsafe operations to agency aviation safety officers and senior aviation safety managers without reprisal;

vi) A system to collect and report information on aircraft accidents and incidents (as required by 49 CFR part 830).

vii) Policies that identify clear standards for acceptable behavior; and

viii) A security program that includes—

(1) A designated security manager;

(2) A threat assessment process;

(3) Procedures for preventing and deterring unlawful acts;

(4) Procedures for responding to threats and unlawful acts;

(5) Security training for personnel;

9) For responding to aircraft accidents and incidents, the contractor will establish, require, and maintain an effective Emergency Response Program, recorded and documented in the program document that describes and requires:

a) An aircraft accident/incident reporting policy to ensure that contractor compliance with the National Transportation Safety Board's (NTSB) regulations (located in 49 CFR parts 830 and 831). The Contractor must immediately, and by the most expeditious means available, notify the NTSB AND the Contracting Officer when an "Aircraft Accident", NTSB reportable "Incident", or mishap, as defined in 49 CFR 830.5 occurs. In addition, this policy must contain a method of notifying the National Oceanic and Atmospheric Administration, and the U.S. General Services Administration of an accident or incident that was reported to the NTSB.

b) An accident/incident response plan, modeled on the NTSB’s “Federal Plan for Aviation Accidents Involving Aircraft Operated by or Chartered by Federal Agencies,” and periodic disaster response exercises to test your plan. A copy of the NTSB’s plan is available at http://www.ntsb.gov. The plan should also refer to or incorporate procedures (as outlined in FAA Advisory Circular 120-92(series)) to identify the potential for accidents or incidents;

c) Following a mishap, the Contracting Officer will evaluate whether the Contractor was in compliance with contract provisions or with the Federal Aviation Regulations applicable to the Contractor's operations, company policy, procedures, practices, or programs, or whether there was negligence on the part of the company officers or employees that may have caused or contributed to the mishap. The Contractor must fully cooperate with the assigned Investigator In Charge (IIC), ASPM, and CO during this evaluation.

d) Procedures (see 49 CFR 831.11) for participation as a party to NTSB accident or incident investigations involving aircraft that your agency either owns or hires, and for conducting parallel investigations, as appropriate;

e) Training in investigating accidents/incidents for contractor personnel who may be asked to participate in NTSB investigations or to conduct a parallel investigation; and

f) Procedures for disseminating, in the event of an aviation disaster that involves one of your aircraft, information about eligibility for benefits contained in the disclosure statement in Appendix A of this part to anyone injured, to the injured or deceased persons' points of contact (listed on the manifest), and to the families of injured or deceased crewmembers and qualified non-crewmembers.

g) Note to paragraph (9): This paragraph does not supersede any of the regulations in 49 CFR part 830 or part 831. For definitions of terms and complete regulatory guidance on notifying NTSB and reporting aircraft accidents and incidents, see 49 CFR parts 830 and 831.

Technical Specification for COVID-19 Requirements

1) The contractor shall establish and maintain a COVID-19 mitigation program that incorporates risk management techniques in accordance with FAA SAFO 20009 (current version,) CDC Guidelines, and NOAA Guidelines.

2) The contractor's COVID-19 mitigation program will be contained in a single volume program document, available upon request to the assigned Contracting Officer, Contracting Officer's Representative, and NOAA Aviation Safety Program Manager, that describes the contractor's processes, procedures, and policies that address, contain, and require compliance with the following published guidance and areas:

a) Compliance with FAA Safety Alert for Operators (SAFO) 20009, (current or later document versions) Appendix (to reduce crewmembers’ risk of exposure to COVID-19 and decrease the risk of transmission of COVID-19) onboard aircraft and through air travel.

b) Compliance with FAA Special Airworthiness Information Bulletin NM-20-17 (current or later document versions) for aircraft interior disinfection.

c) National Oceanic and Atmospheric Administration (NOAA) specific requirements for the mitigation of COVID-19 effects.

d) Approved COVID-19 Testing.

3) The contractor will comply with the following, additional, NOAA specific requirements:

a) Contractor aircraft will be staffed with pre-established cohorts or cadres, as defined below; to minimize the risk of exposure between personnel.

i) Cohort Model: The aircraft will be staffed with a Cohort of contractor personnel and instrument operators. A Cohort consists of the contractor personnel and NOAA personnel required to perform mission flights. Cohort members interact together as a unit and do not work with non-Cohort individuals. To join a Cohort Crew, the contractor personnel must Shelter in Place (SIP) for a minimum of 7 days and be administered a COVID-19 test on the third or fourth day. The SIP must continue until each individual receives a negative COVID-19 test result. To remain a member of the Cohort Crew, each individual must participate in a weekly COVID-19 test and receive a negative result.

ii) Cadre Model: The aircraft will be staffed from a Cadre of contractor personnel. Many contractor personnel and NOAA personnel may participate in the Cadre and fly missions on a variety of aircraft as long as crew member composition always consists of members of the Cadre and the Cadre members do not work with non-Cadre individuals. To join a Cadre Crew, the contractor personnel must Shelter in Place (SIP) for a minimum of 7 days and be administered a COVID-19 test on the third or fourth day. The SIP must continue until each individual receives a negative COVID-19 test result. Members of the Cadre must participate in a weekly COVID-19 test and receive a negative result to remain in the Cadre.

b) Before the contractor allows contractor personnel to participate in flights with NOAA personnel also present, contractor personnel will participate in a Shelter in Place (SIP) program that includes 7 days of social isolation. The contractor will require this SIP to occur anytime contractor personnel are to join a cohort or cadre for the first time, or when returning after any use of public transportation, or having missed a weekly COVID-19 test. On the third day of the week of the SIP, the contractor will ensure that contractor personnel are administered an approved COVID-19 test. After the 7 day SIP is complete, and with negative results for each person tested, the aircrew may commence flights.

c) The contractor will require any contractor personnel, who have had a positive COVID-19 test result, and/or has had known close contact with someone who tested positive for COVID-19, or has exhibited symptoms of COVID-19 at any time; to enter a social isolation period of 14 days and satisfy either subparagraph a. or subparagraph b. below before participating in flights with NOAA personnel present.

i) Contractor personnel who receive a positive test result, and/or have had known close contact with someone who tested positive for COVID-19, but have no COVID-19 associated symptoms will leave the work environment and begin a 14 day social isolation period as soon as possible after receiving the positive test results or learning of the close contact with someone who tested positive for COVID-19. After the social isolation period, the affected person will be administered two approved COVID-19 tests, no sooner than 24 hours apart, and shall have received negative results, prior to rejoining the aircrew cohort, or cadre.

ii) Contractor personnel who receive a positive test result, or have had known close contact with someone who tested positive for COVID-19, and/or also have COVID-19 associated symptoms, will leave the work environment as soon as possible. The day after the full resolution of COVID-19 associated symptoms, affected contractor personnel will begin a 14 day social isolation period. After the social isolation period, the affected person will be administered two approved COVID-19 tests, no sooner than 24 hours apart, and shall have received negative results, prior to rejoining the aircrew cohort, or cadre.

d) COVID-19 Testing: The contractor shall provide and use COVID-19 Polymerase Chain Reaction (PCR) COVID-19 Tests with 95% sensitivity for contract employees for all testing requirements.

e) The contractor shall provide and require facial coverings for all contractor personnel during all operations including post-flight activities. The contractor personnel and NOAA personnel are not required to wear facial coverings while the aircraft is in flight if doing so would impede communications and/or present a hazard to the safety of flight.

f) The contractor shall provide and require the use of hand sanitizer and aircraft interior surface sanitizer on contractor aircraft for all flights and ground operations during the period of performance.

g) The contractor shall perform an interior aircraft sanitation procedure in accordance with guidance from the FAA SAIB NM-20-17 after each flight and maintenance activity.

h) The contractor shall ensure there is a minimum 2 hour waiting period between aircrew changes in which one contractor aircraft is used for more than one pilot cohort or cadre aircrew and a subsequent flight in which NOAA personnel would board the aircraft.

i) The contractor shall require that any non-cohort/cadre pilot must complete the SIP procedure above.

j) The contractor shall notify the Contracting Officer or Contracting Officer’s Representative if any contractor personnel in a cohort or cadre receives a positive COVID-19 test result and shall remove that person from flight operations in accordance with the SIP paragraph 3 above. The contractor shall notify the Contracting Officer or Contracting Officer’s Representative before any contractor personnel return to flight operations after a SIP period was complete. The contractor shall not identify any personnel who received a positive COVID-19 test result by name or other personally identifiable information to any NOAA person.

Provisions

CLAUSE NUMBER
TITLE
DATE
FULL TEXT
52.204-7
System for Award Management
OCT 2018
52.204-24
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
AUG 2020
X
52.204-26
Covered Telecommunications Equipment or Services-Representation
DEC 2019
X
52.212-1
Instructions to Offerors-Commercial Items
JUN 2020
52.212-2
Evaluation - Commercial Items
OCT 2014
X
52.212-3
Offeror Representations and Certifications-Commercial Items (DEVIATION 2020-11) (AUG 2020)
NOV 2020
X
52.252-1
Solicitation Provisions Incorporated by Reference
FEB 1998
X
52.252-5
Authorized Deviations in Provisions
NOV 2020
X
CAR AND NAM CLAUSE NUMBER
TITLE
DATE
FULL TEXT
1352.215-72
Inquiries
APR 2010
X
1352.233-70
Agency Protests
APR 2010
X
1352.233-71
GAO and Court of Federal Claims Protests
APR 2010
X

Full text, as indicated above, follows herein.

For full text of FAR clauses or provisions visit: https://www.acquisition.gov/content/federal-acquisition-regulation For full text of all commerce clauses or provisions visit:

http://www.ago.noaa.gov/acquisition/AcqManual/09_part1330-52.html#1330-52.237-71%20NOAA%20Government-Contractor%20Relations%20%E2%80%93%20Non-Personal%20Services

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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

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

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

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

(1) Personnel Qualifications. The experience, education, and qualifications of personnel proposed to work on the contract will be evaluated to determine their ability to perform their proposed duties.

(2) Technical Approach and Capability. The offeror's approach to performing contract requirements and its capability to successfully perform the contract will be evaluated.

(3) Past Performance. The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.

(4) Price Non-Price factors, when combined, are significantly more important than price.

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

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

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

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

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 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.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"— Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103)…

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