ABL-17100_RFQ.doc

OMB Approval No. 9000-0009

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

Of Pages

1. REQUEST NO.

ABL – 17097

2. DATE ISSUED

5/24/2017

3. REQUISITION/PURCHASE REQUEST NO.

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

[ ] 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

AK

e. ZIP CODE 99801

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE 4:00PM, ALASKA TIME:

06/08/2017 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)

Waste Water Testing Services for a period of 12 months per the attached Performance Work Statement. Period of performance June 1, 2017 – May 31, 2018

Additional Fecal Coliform tests exercised at time of award

Additional BOD/TSS tests exercised at time of award

Option 1 - Additional 12 months of testing. Period of Performance. June 1, 2018 – May 31, 2019 Additional Fecal Coliform tests exercised with Option 1

Additional BOD/TSS tests exercised with Option 1

Option 2- Additional 12 months of testing. Period of Performance. June 1, 2019 – May 31, 2020

Additional Fecal Coliform tests exercised with Option 2

Additional BOD/TSS tests exercised with Option 2

Option 3- Additional 12 months of testing. Period of Performance. June 1, 2019 – May 31, 2020

Additional Fecal Coliform tests exercised with Option 3

Additional BOD/TSS tests exercised with Option 3

MO

EA

EA

MO

EA

EA

MO

EA

EA

MO

EA

EA

b. 20 CALENDAR DAYS %

c. 30 CAHRSLENDAR DAYS %

d. $____________

CALENDAR DAYS

NUMBER

PERCENTAGE

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

QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

16. SIGNER

b. STREET ADDRESS

c. CITY, STATE, ZIP

AREA CODE

c. TITLE (type or print)

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:___________________________________

PHONE:______________________________

SMALL BUSINESS: Yes No (Indicate One)

FAX:_________________________________

TAX ID NUMBER:_____________________________

ADDRESS:_____________________________

DUNS no.___________________________________

SAM #:___________________________

FEDERAL SUPPLY SCHEDULE (if applicable):____________________________________________

North American Industry Classification System (NAICS) Code & Small Business Size Standard:

238220 Water System balancing and testing $15M

Send Your Response to Heather Mahle & Reference Solicitation # (ABL#) in the Subject Line:

· Mail/Hand Deliver to NMFS/Auke Bay Laboratories, 17109 Pt Lena Loop Rd, Juneau, AK 99801

· Fax to 907-789-6004

· Email to Heather.Mahle@noaa.gov Award will only be issued to Vendors/Contractors who:

1. Have a Data Universal Numbering System (DUNS)

2. Is registered in the System for Award Management (SAM), which replaces CCR & ORCA.

1. According to FAR 52.204-7, a firm must have a Data Universal Numbering System (DUNS) number. The DUNS Number (DUN & BRADSTREENT #) is assigned by Dun & Bradstreet, Inc. (D&B) to identify unique business entities. A DUNS may be acquired free of charge by going on-line at WWW.DNB.COM/EUPDATE or by phone at (800) 333-0505.

2. The System for Award Management (SAM) is combining federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. This consolidation is being done in phases. The first phase of SAM includes the functionality from the following systems:

* Central Contractor Registry (CCR)

* Federal Agency Registration (Fedreg)

* Online Representations and Certifications Application

* Excluded Parties List System (EPLS)

Register at WWW.SAM.GOV

REQUIRED TO BE SUBMITTED WITH OFFER:

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

As prescribed in 9.104-7(d), insert the following provision:

Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

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

(b) The Offeror represents that—

(1) 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; and

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

(End of provision)

REQUIRED TO BE SUBMITTED WITH OFFER:

Attachment D

CERTIFICATION BY OFFERORS REGARDING FEDERAL INCOME TAX FILING AND FEDERAL INCOME TAX VIOLATIONS. (Class Deviation) (March 2015)

(a) In accordance with Section 523 of Division B, Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235) none of the funds made available by the Act may be used to enter into a contract in an amount greater than $5,000,000 unless the prospective contractor certifies in writing to the U.S. Consolidated and Further Continuing that, to the best of its knowledge and belief, the contractor has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(b) The offeror’s proposal shall include a signed written certification as follows –

To the best of my knowledge and belief, ---(name of offeror)--- has filed the Federal tax returns required during the three years preceding this certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

Firm _____________________________________________

Signature _________________________________________

Name ____________________________________________

Title _____________________________________________

Date of execution __________________________________

(End of Provision)

PERFORMANCE WORK STATEMENT

SECTION C-1

GENERAL

SCOPE OF WORK.

The contractor shall provide all personnel, equipment, tools, materials, consumables and supervision, necessary to test effluent water quality at Ted Stevens Marine Research Institute (TSMRI). The contractor will assist the National Marine Fisheries Services (NMFS) in meeting the stipulations of AKDEC Wastewater permit number AK0053236 (copy furnished). If subcontractors are to be used, they must be identified and meet the guidelines set forth in this document

1.1.1. Testing Periodicity. The contract requires monthly sample collection and analysis of two TSMRI wastewater streams identified within AK0053236 as Outfall 001, and Internal Outfall 002. The specific testing to be conducted is identified in Table 2 of AK0053236 for Outfall 001, and Table 3 of AK0053236 for Internal Outfall 002. Additional tests beyond the scope of Table 2 and Table 3 will be conducted for Enterococci sp. /100ml. Enterococci and Fecal Colliform tests will be conducted monthly on Outfall 002 and Outfall 003 rather than only between May and September as indicated on Table 2 and Table 3 and are to be included in a midmonth Analytical Report. Out of compliance results are to be immediately reported to the designated TSMRI staff member via email. An a expedited schedule will be implemented to retest

1.1.2. Non-compliance. Should analysis show that specific wastewater levels do not comply with the permit, the contractor will conduct additional test series as instructed. The costs of these additional tests are pre-authorized in the base and with each Option of the bid package and will be performed as they are needed. The cost is determined at the same rate as similar tests performed under the contract. The contractor will include an estimate of costs for (4) each FC tests on Outfall 001 and (4) each TSS/BOD5 tests for Outfall 002. No other special tests are anticipated. If additional tests are required, they will be negotiated prior to proceeding

1.1.3. PROPERTY CONTROL. The contractor shall obtain approval of the onsite facility manager before removing any item from its existing location.

1.1.4. REPORTS. The contractor’s representative shall provide monthly Discharge Monitoring Reports (DMR) per the permit requirements, including any required additional reports if additional testing is required.

1.2. EMPLOYEES:

1.2.1. Certifications. The contractor and subcontractor shall be licensed and certified to conduct wastewater analysis in the State of Alaska. They will be required to have a minimum of 5 years of experience. A copy of those documents should be included in the response to this solicitation.

1.2.2. SECURITY OR ACCESS REQUIREMENT The contractor shall comply with the Department of Commerce security background procedures and complete necessary background application prior to starting work.

1.3. QUALITY CONTROL.

Contractor shall develop and maintain a quality control program to ensure services are performed in accordance with ADEC and EPA required testing procedures. The contractor shall develop and implement procedures to identify and prevent defective services from recurring

1.3.1. QUALITY CONTROL PLAN.

The contractor shall establish and maintain a Quality Control Program/Plan to ensure the requirements of the contract are achieved. Quality Control Plan should include reports required under section 1.1.3. One copy of the contractor's Quality Control Plan shall be furnished to the contracting officer

Prior to the start of contract work.

Within 30 days following Notice to Proceed.

Be provided with the initial proposal (see Section L & M) (Note: identify if QC plan to be provided must be specific plan for this contract; a sample of a previously used similar quality control plan; or an outline of the items that will be included on the QC plan). Revisions or updates to the submitted quality control plan must be submitted in the same manner as the original plan.

1.3.2. PLAN CONTENTS The Quality Control Plan should include areas to be sampled, sampling schedule, mid-month reports, reporting non-compliance, method of identifying and preventing deficiencies, and documentation to be provided as work product..

1.3.3. GOVERNMENT REVIEW. The Government may review the Contractor Quality Control Plan to determine if it is adequate. If the plan is found to be adequate, the Government will authorize the plan. If the plan is not adequate as submitted, the deficiencies will be identified to the contractor in writing. The contractor shall correct all identified deficiencies and submit a corrected Contractor Quality Control Plan within ten working days of the notice of correction. Contractor performed work which fails to conform to standards, when the contracting officer performs quality assurance work, will serve as an indicator that the contractor QC system is not adequate.

1.4. QUALITY ASSURANCE

1.4.1. CONTRACTING OFFICERS TECHNICAL REPRESENTATIVE (COR). COR’s may be appointed to monitor contractor performance and have the right to inspect, accept and reject defective services. The name and telephone number of each COR under the contract will be furnished to the contractor in writing by the contracting officer. See Section G.

1.4.2. GOVERNMENT MONITORING. The Government will monitor the contractor's performance under this contract using the method(s) of surveillance specified in the Performance Requirements Summary (PRS) monthly. All monitoring observations will be recorded by the government. When an observation indicates defective performance, the COR will request the contractor's representative to confirm defective work and perform corrective work.

1.5. PHYSICAL SECURITY.

The contractor shall be responsible for safeguarding all Government property provided for contractor use in accordance with the Government Furnished Property clause, 52.245-4.

1.5.1. KEY CONTROL. The contractor shall establish and implement methods of ensuring that any keys issued to the contractor by the Government are not lost or misplaced and are not used by unauthorized persons. No keys issued the contractor by the Government shall be duplicated. The contractor shall develop procedures covering key control that shall be included in the quality control plan.

1.6. HOURS OR OPERATION.

1.6.1. NORMAL HOURS. The contractor shall maintain the following customer service hours:

Monday through Friday 7:00 am to 6:00 pm, however, performance of maintenance and repairs under this contract will not be precluded after normal hours.

1.6.1.1. RECOGNIZED HOLIDAYS. The contractor is not required to provide service on federal holidays. However, performance of maintenance and repairs under this contract will not be precluded on recognized federal holidays.

1.6.2. EMERGENCY SERVICES. Emergency services may be required outside the normal duty hours described above. The contractor's responsibilities for emergency support are described in Section C-5.

1.7. DOCUMENTATION AND RECORDS.

All documentation, records and schedules as described in this PWS that are the responsibility of the contractor, are the property of the Government and shall be turned over to the Government upon completion or termination of the contract. All records are subject to the Freedom of Information and/or Privacy Acts and any requests for release of any records shall be handled accordingly.

SECTION C-2

DEFINITIONS

2.1. STANDARD DEFINITIONS.

2.1.1. ACCEPTABLE QUALITY LEVEL (AQL). The maximum percent defective (or the maximum number of defects per hundred units) that for purposes of random sampling, may occur before the Government will effect the price computation system in accordance with the Performance Requirements Summary and the Inspection of Services Clause. When the method of surveillance is other than random sampling, the AQL is defined as the number of defects or maximum percentage of defects in the lot that may occur before the Government will effect the price computation system in accordance with the Performance Requirements Summary and the Inspection of Services Clause. An AQL does not allow a contractor to knowingly offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

2.1.2. DEFECTIVE SERVICE. A unit of service which contains one or more defects, or nonconformance with specified requirements.

2.1.3. LOT. The total number of service outputs in a surveillance period, as defined in the AQL column of the Performance Requirements Summary (PRS).

2.1.4. PERFORMANCE REQUIREMENTS SUMMARY (PRS). Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

2.1.5. QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of the Performance Work Statement (PWS).

2.1.6. CONTRACTING OFFICER'S REPRESENTATIVE (COR). A Government person designated by the contracting officer with authority to act within the scope the delegated authority

2.1.7. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document used for quality assurance surveillance. The document contains specific methods to perform surveillance of the contractor.

2.1.8. QUALITY CONTROL. Those actions taken by a contractor to control the performance of services so that services meet the requirements of the PWS.

2.1.9. RANDOM SAMPLING. A sampling method in which each service output in a lot has an equal chance of being selected.

2.1.10. SAMPLE. A sample consists of one or more service outputs drawn from a lot. The number of outputs in the sample is the sample size.

2.1.11 SAMPLING GUIDE. The part of the surveillance/monitoring plan which contains all the information need to perform a random sample.

2.2. TECHNICAL DEFINITIONS PECULIAR TO THIS PWS.

2.2.1 The contractor should be familiar with all technical definitions for the test procedures and test limits identified in permit AK0053236.

SECTION C-3

GOVERNMENT FURNISHED PROPERTY/SUPPIES/MATERIALS/ETC.

3.1 General.

The contractor is expected to furnish everything needed except as specified below.

3.1.1 pH Testing. The government will conduct pH testing a minimum of three times weekly, and provide that information to the contractor for inclusion into the monthly DMR report.

3.1.2 A representative from TSMRI will participate and provide assistance during sampling. Dates and times for performing sampling will be coordinated directly with the TSMRI representative.

3.1.3 At the beginning of each month, the government will provide record documents showing the high and low pH readings. The domestic water usage, sewage treatment plant effluent flow will be expressed in gallons per day. Waste seawater flow will be provided in gallons per day. This information is supplied for the month a DMR covers.

SECTION C-4

CONTRACTOR FURNISHED PROPERTY/SUPPLIES/MATERIALS /ETC.

4.1 General.

Except for those items or services specifically stated to be Government furnished in Section C-3, the contractor shall furnish everything (equipment, materials, consumables, incidentals, etc. required to perform the tasks identified in this contract in accordance with the contract requirements and performed in a skillful and workmanlike manner.

SECTION C-5

SPECIFIC TASKS

5.1 Task 1: Perform all monthly waste water sampling identified in the Alaska Pollutant Discharge Elimination System Permit Number AK0053236 – Ted Stevens Marine Research Institute. This document is dated January 9, 2013.

5.2 Task 2: The three times weekly pH testing specified in the permit will be conducted by TSMRI staff and is not a contract requirement. pH at the time monthly samples are taken, are a requirement

5.3 Task 3: Testing for Fecal Colliform and Enterococci Bacteria will be conducted during monthly testing. There will be additional analysis required to enumerate the Enterococci sp., in samples as they are to be collected all twelve months, rather than May through September only as required on Tables 2 and 3 of the ADEC permit. These tests are not included as an ADEC permit requirement but will be an additional requirement for the term of this contract to be included in monthly testing. All renewal Options will reflect the costs of these tasks as well.

5.4 Task 4: A mid-month report of the sample analysis will be submitted via e-mail.

5.5 Task 5: Out of compliance results are to be reported immediately and scheduled retest times to be suggested. Retest are to be conducted within 3 days of the out of compliance notice.

5.6 Task 6: After receiving the flow data from TSMRI staff at the beginning of each month, the contractor will prepare and submit the final monthly Discharge Monitoring Reports on the appropriate forms. The completed forms will be submitted via e-mail, to TSMRI staff for submission to ADEC. The completed DMR must be submitted to TSMRI staff before the 10th of each month. This activity continues for a period of one year from the effective date of this contract.

PERFORMANCE REQUIREMENTS SUMMARY (PRS)

TASKS AND

CRITICAL

SUBTASKS

CRITICAL SUBTASKS

QUALITY

STANDARDS

ACCEPTABLE

QUALITY

LEVEL

MEANS OF

MEASUREMENT

INCENTIVES/

DISINCENTIVES

1. Schedule

2. QC Plan

1. All sampling and testing within time frames prescribed in AK0053236. Retest sampling to occur within 3 days of any finding

2. Contractor developed, Gov. approved for sample collection, testing, and analysis following all applicable EPA and AK State guidelines.

1. All sampling and testing completed with analysis meeting or exceeding the requirements for laboratory testing of waste water under Alaska State Law

For all tasks contractor documentation and certification submitted for government review

Non

QUALITY ASSURANCE SURVIELLANCE PLAN

Task

Description Performance

Standard

1. Conduct wastewater sampling and testing.

2. DMR Submission. See C. 5.6

1. See C. 5.1

2. See C. 5.6

1. See C. 5.1

2. All reports received in a timely manner to meet ADEC requirements. See C. 5.6. No errors on submitted reports

1. Review of submitted reports

2. Feedback from AKDEC None

IT REQUIREMENTS

This order will not require assignment of a permanent user account, access to DOC data or systems. This contractor will not have access to and will not use any Government hardware, application software, system software, or sensitive data.

INVOICING

In compliance with the Prompt Payment Act, the Financial Management Division will pay an invoice in accordance with the terms set forth in the contracts with vendors if a "proper invoice" is received. A "proper invoice" has:

1. Name of the vendor and an invoice date

2. Purchase order number

3. Description, price and quantity of property and services delivered or rendered

4. Payment terms are “Net 30”.

6. Name, title, phone number, and complete mailing address of the responsible official to whom payment is to be made.

7.

Invoices will be submitted in a timely manner

Invoices are to be submitted to:

DOC/NOAA/NMFS

Auke Bay Laboratories

Ted Stevens Marine Research Institute

17109 Point Lena Loop Rd

Juneau, AK 99801

PAYMENT TERM

This order is anticipated to be issued as at Net 30 days. The Government tries to make payment within 15 days, whenever possible.

INSURANCE COVERAGE

The Contractors is not authorized to use any government vehicle in the performance of authorized work. The contractor is solely responsible for their own health, workmen’s compensation and unemployment insurance as well as applicable social security, local, state, and federal Taxes. Contractor should still maintain (and ready to present evidence of if requested) their own liability insurance.

FEDERAL, STATE, AND LOCAL TAXES

Except as may be otherwise provided in this contract price includes all applicable federal, state, and local taxes and duties in effect on the date of this contract but does not include any taxes from which the Government the Contractor or this transaction is exempt. Upon request of the contractor, the Government shall furnish a tax exemption certificate or similar evidence of exemption with respect to any such tax not included in the contract price pursuant to this clause. For the purpose of this clause, the term "date of this contract" means the date of the contractor's quotation or, if no quotation, the date of this Purchase order.

Suspension of Work and Government Shut Down

In the case of a Government Wide Shutdown, this contract/order may be subject to a stop-work order. A stop-work order may be issued by writing by the Contracting Officer or Government Official. In accordance with FAR 42.13 – Suspension of Work, Stop-Work Orders, and Government Delay of Work is also made a part of this Acquisition. NOAA will not make payments to contractors for products or services not obligated before the funding lapse.

If a contract or order has been issued and funded and productive work is possible then Contractor may continue to operate under your Contract during Laps. However, depending on the duration of a funding lapse, the absence of available Federal employee oversight may lead an agency to reconsider whether the contract or grant activity should continue to be performed. Federal employees will not be available to make timely payments to the contractor or grantee in accordance with the contract.

SITE VISIT

Site visit schedule for June 5, 2017. Meet in 2nd floor Lobby of TSMRI, 17109 Pt. Lena Loop Rd, Juneau, Alaska. All interested vendors should attend, although not mandatory. This is the only site visit that will be scheduled prior to award.

Quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

EVALUATION OF OFFERS

(1) Personnel Qualifications. The expertise, 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.

SUBMISSION OF QUOTES

A response to this Request for Quote by interested parties shall consist of the following:

· Complete Standard Form 18 – with pricing and signature (page 1 - 4).

· Supporting documents and response to Technical capability, Expertise, Experience, and familiarity as it relates to the Scope Duty in the solicitation.

· Certificates and documents are required (see section 1.2.1 and 1.3.1)

· Proposal to meet Quality Assurance

· Verification that the vendor is registered and active in SAM.

Please send all responses and documentation to Heather Mahle at NMFS/Auke Bay Laboratories, 17109 Pt Lena Loop Rd, Juneau, AK 99801, FAX 907 789-6004, or to email Heather.Mahle@noaa.gov. Any response sent via Fax or Email must have the Solicitation or RFQ noted in the Subject line (ABL-17100) to ensure receipt. If there are any questions, please submit them via email to Heather Mahle (heather.mahle@noaa.gov), subject line also needs to reference Soliciation/RFQ #.

FEDERAL, STATE, AND LOCAL TAXES

Except as may be otherwise provided in this contract price includes all applicable federal, state, and local taxes and duties in effect on the date of this contract but does not include any taxes from which the Government the Contractor or this transaction is exempt. Upon request of the contractor, the Government shall furnish a tax exemption certificate or similar evidence of exemption with respect to any such tax not included in the contract price pursuant to this clause. For the purpose of this clause, the term "date of this contract" means the date of the contractor's quotation or, if no quotation, the date of this Purchase Order.

Suspension of Work and Government Shut Down In the case of a Government Wide Shutdown, this contract/order may be subject to a stop-work order. A stop-work order may be issued by writing by the Contracting Officer or Government Official. In accordance with FAR 42.13 – Suspension of Work, Stop-Work Orders, and Government Delay of Work is also made a part of this Acquisition. NOAA will not make payments to contractors for products or services not obligated before the funding lapse.

If a contract or order has been issued and funded and productive work is possible then Contractor may continue to operate under your Contract during Laps. However, depending on the duration of a funding lapse, the absence of available Federal employee oversight may lead an agency to reconsider whether the contract or grant activity should continue to be performed. Federal employees will not be available to make timely payments to the contractor or grantee in accordance with the contract.

PROVISIONS

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)(FT) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FT)

Full Text is Found on the pages following the SF-18 cover page of solicitation.

52.212-1 Instructions to Offerors – Commercial Items (BR)

Instructions are found within the Statement of Work 52.212-3.1.1 Offeror Representations and Certifications (FT) 52.217-5 Evaluation of Options (FT) 52.252-1 Solicitation Provisions Incorporated by Reference (FT))

52.252-5 Authorized Deviations in Provisions (FT)

CAR 1352.233-70

Agency Protests (FT)

CAR 1352.233-71

GAO and Court of Federal Claims Protests (BR)

CAR 1352.213-70

Evaluation Utilizing Simplified Acquisition Procedures (FT)

Provisions followed by “(FT)” are provided in full text below, unless specified otherwise above.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

(a) Definition.

“Internal confidentiality agreement or statement,” “subcontract”, and “subcontractor”, as used in this provision, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

52.212-3 Offeror Representations and Certifications—Commercial Items (Jan 2017)

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

(a) Definitions. As used in this provision—

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means–

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’”. The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are–

(1) Department of Labor Wage and Hour Division (WHD) for–

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for–

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for–

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(6) 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

(7) 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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“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.

“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”—

(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 veterans or, 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” 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.

“Small disadvantaged business concern”, consistent with 13 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 at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) 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 veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), 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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(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 http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations 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 (t) 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.]

(c) Offerors must complete the following representations when the resulting…