Attachment J.6 - TO-1 RFTOP Instructions & Evaluation Criteria (4.28.2026).pdf
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- Solicitation number
- 1305M426R0011
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This is an Attachment to a Request for Task Order Proposal (RFTOP) that provides instructions and evaluation criteria for Task Order 1 (TO-1) under the Space-Based Environmental Monitoring (SBEM) Indefinite Delivery/Indefinite Quantity (IDIQ) contract 1305M426R0011 issued by the National Oceanic and Atmospheric Administration (NOAA).
Proposals must be submitted electronically by the deadline specified in Section L.4 of the parent RFP to Suzanna Espinoza (Contracting Officer) and Cherron Bennett-Pettus (Contract Specialist). The task order covers a base period of performance from December 1, 2026 through December 1, 2028, with a Firm-Fixed-Unit-Price (FFUP) consumption-based contract structure. Offerors must propose a minimum of 500 compliant Radio Occultation (RO) profiles per day to be eligible for award. The Government intends to award multiple task orders (up to three) to different offerors to ensure data redundancy and system resilience, though single awards are possible if only one offeror represents best value or if redundant pricing is not fair and reasonable. Proposals must be organized into two volumes: a Technical Volume (maximum 15 pages) describing capabilities to deliver compliant RO profiles and/or Total Electron Content (TEC) tracks meeting all SOW specifications, and a Price Volume providing unit pricing for each data type and license category using the required TO-1 Price Volume Spreadsheet. Evaluation will use a best-value tradeoff analysis with Technical Approach weighted more heavily than Price. The Government will pay only for compliant data units successfully delivered and accepted, up to each task order's funded ceiling, and optional CLINs allow scaling of daily throughput at pre-negotiated fixed prices to meet higher demand.
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1/12
ATTACHMENT J.6
TASK ORDER-1 (TO-1) REQUEST FOR TASK ORDER PROPOSAL (RFTOP) INSTRUCTIONS &
EVALUATION CRITERIA
J.6.1 RFTOP Schedule
To be considered for TO-1 award, Offerors must submit their TO proposals in electronic format no later than the time and date specified in Section L.4 of Request For Proposal (RFP) 1305M426R0011 to Suzanna Espinoza, contracting officer, at Suzanna.Espinoza@noaa.gov and Cherron Bennett-Pettus, contract specialist, at Cherron.Bennett-Pettus@noaa.gov.
Questions on this RFTOP must be submitted to the above listed Government points of contact, no later than the time and date specified in Section L.4.1 of RFP 1305M426R0011. Answers to any questions will be provided to all potential offerors via amendment to the RFP.
See attachment OF347 Form for Schedule of Supplies or Services.
J.6.2 RFTOP Instructions
Proposals shall comply with the requirements of FAR 52.212-1 (DEVIATION JAN 2026), which is hereby incorporated by reference, and the following addenda:
FAR 52.212-1 Addenda-Additional Instructions to Offerors—Commercial Products and Commercial Services
(a) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
Offeror’s proposals shall be organized in two volumes: Technical and Price.
(1) Technical Volume:
(a) The Technical Volume shall be submitted electronically, in Microsoft Word or searchable Adobe PDF.
(b) The Technical Volume shall not exceed 15 total single-spaced pages with one-inch margins, using Times New Roman size 12-point font aligned to the left. A 10-point font may be used for charts, tables, and graphics. Any pages in excess of the applicable page limit will be disregarded, and will not be included in the evaluation. Failure of the Offeror to comply with the page limitations shall not constitute grounds for a protest.
(c) The following pages are excluded from the page count, font, margin, and spacing requirements:
(i) Cover Page
(ii) Cover letter (maximum of one (1) page)
(iii) Table of Contents, List of Tables and Figures, Abbreviations and Acronyms mailto:Suzanna.Espinoza@noaa.gov mailto:Cherron.Bennett-Pettus@noaa.gov
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(d) The Technical Volume shall describe the Offeror's ability to provide data that meets all specifications required by the TO-1 Statement of Work (SOW). The Offeror shall propose separate capabilities for Part II, Sections II, III, and IV of the TO-1 SOW. Part II, Section I of the TO-1 SOW applies to all sections of Part II of the TO-1 SOW. The Technical Volume shall include a detailed explanation demonstrating the Offeror's capabilities to include the following:
(i) Offerors must confirm that all proposed on-orbit capabilities will be completely operational and ready at the start of the Task Order 1 (TO-1) Period of Performance (PoP); if any proposed capability is not operational at the TO-1 PoP start date, the Offeror must submit a detailed plan and schedule to achieve readiness, covering at a minimum the launch manifest and the on-orbit check-out process, and guaranteeing that the Offeror will reach full operational status no later than six (6) months following the commencement of the TO-1 PoP. Proposals featuring a projected operational date exceeding this six (6) month threshold will be deemed technically unacceptable and ineligible for award.
(ii) Ability to provide the guaranteed minimum data specifications in Section C.3 of the Indefinite Delivery/Indefinite Quantity (IDIQ) SOW and as specified in Part II, Sections II and III of the TO-1 SOW.
(iii) Ability to meet proposed data delivery requirements in the IDIQ SOW and TO-1 SOW, including demonstrated downlink and data retrieval from operational satellites.
(iv) Ability to meet geospatial distributions that equal or exceed the requirements specified in the IDIQ SOW Section C.4.3.2: Specific Geospatial Distributions and in Part II, Section I of the TO-1 SOW.
(v) Identification and mitigation strategies for risks that may affect timely delivery or data quality including launch or licensing delays, downlink limitations, ground system constraints, and atmospheric drag countermeasures.
(vi) Description of any additional capabilities or specifications that exceed the minimum requirement (up to the specified maximum requirement specified in Part II, Sections II and III of the TO-1 SOW) and may increase the probability of successful performance.
(vii) Identification of all Global Navigation Satellite System (GNSS) constellations within those specified in the IDIQ SOW Functional Category C.4. that will be used to collect precise orbit determination (POD) and Radio Occultation (RO) observations during the task order.
(viii) Technical and operational details of the sensor(s) necessary to meet the delivery requirements in the IDIQ SOW Functional Category C.4. and TO-1 SOW.
(ix) Identification of all planned changes to the Offeror’s constellation throughout the period of performance. This includes expected satellite deorbiting, planned satellite launches, and changes to orbital configurations.
(2) Price Volume
(a) The price volume shall be submitted electronically, in a “searchable Adobe” PDF or in a combination of Microsoft Word and Excel. Offerors shall provide:
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(i) Quantity and associated pricing of compliant RO profiles and/or Total Electron Content (TEC) tracks per day (as specified in the TO-1 SOW to be considered for an award/task order within the ranges stated in the TO-1 SOW Part II, Sections II and III).
Offerors shall fill this out for each license category as specified in the TO-1 SOW Part II, Section I, paragraph C.
(ii) Quantity and associated pricing of compliant RO profiles per day for Temporal Resolution Enhancements (as specified in the TO-1 SOW Part II, Section IV). Offerors shall fill this out for each license category as specified in the TO-1 SOW Part II, Section I, paragraph C.
(b) The Offeror's price proposal shall include a completed copy of Attachment J.5, “TO-1 Price Volume Spreadsheet”. The price proposal may include a short narrative to explain any pricing provided. There is no page limit to the Price Volume. The pricing provided shall represent the data that meets the specifications set forth in the Offeror's technical volume.
(c) The Government expects that this or these task order(s) will be awarded based upon adequate price competition. However, in order to determine that the provided prices are fair and reasonable, the Government reserves the right to request the Offeror to provide a breakdown of the costs to support proposed prices. The Government encourages the Offeror to provide prices below the established ceiling prices of the Offeror’s associated IDIQ contract.
(3) Submission
(a) The subject line of the submission email(s) should follow the following format:
“SBEM RFTOP 1_CompanyName”
(b) Each volume shall be submitted electronically. NOAA limits the size of individual messages to 25MB. The 25MB limit includes the combined size of the message and the attachments. Multiple emails are permitted. It is the Offeror's responsibility to ensure that both volumes of the proposal arrive by the required date and time. The time of receipt will be established based upon the e-mail received time. The Government will not be responsible for any failure attributable to the transmission or receipt of the email, including the failure to meet stated deadlines. It is the Offeror's responsibility to confirm the Government's receipt of all transmitted information.
J.6.3 RFTOP Evaluation Criteria
FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (RFO
DEVIATION JAN 2026)
(a) The Government anticipates the award of one or multiple Firm-Fixed-Unit-Price (FFUP) task order(s) resulting from this solicitation, consisting of consumption-based CLINs where the Government pays a fixed price per unit based on actual usage. Services are metered and billed periodically, ensuring the Government only pays for what is consumed. Award(s) will be made to the responsible Offeror(s) whose proposal(s), conforming to the solicitation, represents the Best Value to the Government, price and other factors considered. The Government will utilize a Tradeoff Process in accordance with FAR 16.507-2. This selection will be made based on an integrated assessment of the following factors: Technical Approach and Price. Technical Approach is more important than Price
4/12 however, as the technical merit of competing proposals becomes more equal, price increases in importance. To be eligible for award, a proposal must meet the minimum requirements of the TO-1 SOW. As the technical merit of competing proposals becomes more equal, price increases in importance. The Government will not make an award at a significantly higher price to achieve only slightly superior technical features.
(b) The surge capability is managed through optional CLINs that allow the Government to scale data volume at pre-negotiated fixed unit prices. This structure aligns expenditures with actual mission demand by limiting payment to individual data units—such as Radio Occultation (RO) profiles or Total Electron Content (TEC) tracks—that are successfully delivered and accepted. By exercising these optional CLINs, the Government can increase the daily throughput ceiling to meet higher demand.
To ensure technical and fiscal accountability, the Government only pays for data units that meet compliance standards and are successfully ingested into the system; payment will not be made for data that does not meet contractual requirements. Actual payment is based on the number of unique, compliant units delivered up to the individual Task Order's funded ceiling. Furthermore, the Contractor is required to provide access to tools that enable the Government to track its usage at no additional cost.
The Contractor must also notify the Contracting Officer when total consumption reaches 50 percent and 75 percent of the ceiling price for each individual CLIN and for the overall contract ceiling.
(c) Data Redundancy Preference: The Government intends to award multiple task orders to ensure high-availability and data redundancy. To achieve the total required quantity of compliant RO profiles and/or TEC tracks per day, the Government will select:
1. Multiple offerors (Primary): Awarding to multiple offerors determined to represent the best value to provide independent, redundant data streams; OR
2. Single offeror (Contingency): Awarding to a single offeror only if one offeror is determined to represent the best value, or if the price of redundant awards is not determined to be fair and reasonable.
(d) The following factors will be used to evaluate offers:
Factor I: Technical Factor (Technical Approach)
The Government will evaluate the Offeror's approach to successfully provide data satisfying the requirements specified in each Section of Part II of the TO-1 SOW.
● Specifically, the Government will evaluate proposals for Part II, Sections II and III of the TO-1 SOW independent from one another.
● The Government will evaluate proposals for Part II, Section IV of the TO-1 SOW in conjunction with Part II, Section II of the TO-1 SOW.
● Part II, Section I applies to all other sections of Part II of the TO-1 SOW and will therefore be evaluated in conjunction with Part II, Sections II through IV of the TO-1 SOW.
The Government will also evaluate demonstrated capabilities to successfully perform or exceed all other contract requirements, including:
● Demonstrated on-orbit collection.
● Compliant IT security standards.
● Reporting (as specified in Part II, Section V of the TO-1 SOW).
● Ability to successfully complete timely data transfer.
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● Demonstrated data delivery and format.
● Any applicable risks affecting the ability to deliver data, such as future launch schedules and regulatory approvals.
The Government will evaluate the Technical Approach on the basis of the two subfactors listed below and evaluated separately, in order of importance, using an adjectival ratings system of Exceptional, Very Good, Satisfactory, Marginal, or Unsatisfactory. Awards for meeting minimum requirements will only consider Subfactor 1, while awards for desired capabilities will consider Subfactor 1 and Subfactor 2.
(a) Subfactor 1: Minimal Requirements - Neutral Atmosphere Data are minimum requirements.
(b) Subfactor 2: Desired Capabilities - Total Electron Content and RO data with Temporal Resolution Enhancements are desired data types. The Government will evaluate the offeror's proposed desired capabilities per capability to ensure that they add value. Offerors who meet the desired capabilities will be rated more favorably.
For existing GNSS-RO Data Offerors, the Government will evaluate the proposed number of compliant RO profiles and/or TEC tracks that the contractor can consistently deliver in accordance with specifications outlined in Sections C.3. and C.4. of the SBEM IDIQ and the TO-1 SOW for the period of 731 days from December 1, 2026 through December 1, 2028 starting and ending at 11:00 am Eastern Standard Time.
For new GNSS-RO Data Offerors (defined by an offeror who has not previously provided GNSS-RO data to NOAA), the Government will evaluate the proposed number of compliant RO profiles and/or TEC tracks that the contractor can consistently deliver in accordance with specifications outlined in Sections C.3. and C.4. of the SBEM IDIQ and the TO-1 SOW for the period of 696 days from January 5, 2027 through December 1, 2028 starting and ending at 11:00 am Eastern Standard Time.
Factor II: Price Factor
The Government will evaluate the Price Volume to ensure it is complete, consistent with the technical approach, and fair and reasonable. Price will not be scored but will be a factor in the best-value trade-off.
a. A proposal is complete only if it includes all data required by Attachment J.5 (Price Volume Spreadsheet). To be considered for award, the Offeror must:
o Provide unit prices for every CLIN in the RO Profile and the TEC Track that the vendor is capable of providing within the Period of Performance. The Offeror may include unit prices above the quantity they will be able to deliver to be used for TEP evaluations or Commercial Data Program (CDP) can utilize a mathematical function to estimate them.
o Include pricing for all requested data license tiers and options that the vendor is capable of providing within the Period of Performance. The Offeror may include unit prices above the quantity they will be able to deliver to be used for TEP evaluations or CDP can utilize a mathematical function to estimate them.
b. The Government will evaluate the consistency between Technical Approach (Factor I) and the Price Volume. This analysis verifies that the technical capabilities and data delivery methods described in the Technical Volume are accurately reflected in the pricing structure.
6/12 o The Government will verify that the Price Volume includes pricing for all data as described in the Offeror’s Technical Volume. Any data source identified in the technical solution that is not explicitly priced will be viewed as a technical risk or a lack of understanding of the requirement.
o The Government will verify that the technical throughput and data volume capacities described in the Technical Volume align with the specific pricing tiers selected in the TEC Track. This analysis ensures that the proposed pricing structure is sufficient to support the actual volume of data delivery required by the technical solution. If the technical capacity described exceeds the limitations of the selected pricing tier, the Government will evaluate this discrepancy as a performance risk or a lack of technical understanding.
o The Government will confirm that the data rights described in the technical approach match the specific license options and associated pricing selected in the Price Volume.
Discrepancies between the proposed rights and the priced options may result in the proposal being found technically unacceptable.
c. In accordance with the parent IDIQ, all proposed unit prices must not exceed the maximum ceiling rates established in the Offeror’s Space-Based Environmental Monitoring (SBEM) IDIQ contract. The Government will analyze proposed CLINs to ensure that pricing is not significantly over-stated for certain data tiers and under-stated for others in a way that creates an unacceptable financial risk to the Government during high-consumption periods.
d. For awards, the Government will calculate the price for each data type awarded (e.g., RO, TEC) using a single unit price based on the awarded quantity range. The unit price for the applicable range will be applied to the total quantity awarded. The Total Evaluated Price (TEP) is the aggregate value used for the best-value trade-off analysis. The TEP represents the sum of the Max Prices for TO-1 across all required data types and license options.
o Offerors must propose a minimum base quantity of 500 compliant RO profiles per day to be eligible for award.
o Only RO profiles meeting the RFP requirements (per SOW Section C.3.7) are considered compliant. While an Offeror may provide additional occultations to ensure the minimum compliant threshold is met, the Government’s payment will not exceed the awarded price for the required quantity of compliant profiles.
o Offerors must explicitly state in the Price Volume whether temporal resolution enhancements are priced as additional costs to the basic RO requirements or as standalone purchases.
e. The TEP will include the evaluation of prices for all mandatory Data Sharing License Options as defined in the SBEM IDIQ SOW Section C.3.7. To ensure a fair direct comparison, the Government requires pricing for all default rows in the Price Volume Spreadsheet. If an Offeror fails to provide pricing for a specific quantity range or data type, the Government will estimate the price using a mathematical function based on the Offeror’s other proposed prices. Note: This estimation is for evaluation purposes only to determine the TEP; it does not replace the requirement for a complete proposal.
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J.6.4. Data Redundancy and Basis of Award
In accordance with FAR 16.507-2 (Fair Opportunity), the basis for award is a Best Value Tradeoff. The Government seeks to maximize data availability and mitigate systemic risks through Data Redundancy.
The Government intends to select up to three (3) technically acceptable providers whose data delivery systems (satellite constellations and ground segments) are independent of one another.
● Multiple Awards: If multiple offerors are determined to represent the best value, the Government may award multiple task orders to provide independent, redundant data streams.
● Single Award: The Government may elect to make a single award if only one offeror is determined to represent the best value, or if the price of redundant awards is determined not to be fair and reasonable.
● Tradeoff: The tradeoff decision will prioritize a data mix that optimizes system resilience when balancing technical performance and price.
The Government will allocate the Estimated Total Daily Quantity based on a combination of technical merit, system redundancy, and individual offeror capacity.
● Offerors with higher technical ratings are eligible for a greater percentage of the total daily requirement. However, the Government may adjust this allocation based on the Offeror's maximum demonstrated capacity to ensure the aggregate daily requirement is met.
● Offerors representing the best value but with lower relative technical ratings may be awarded a smaller share of the daily requirement to ensure systemic redundancy and baseline resilience.
● If a higher-rated Offeror cannot meet the total required daily volume, the Government reserves the right to allocate the remaining volume to other technically acceptable Offerors to satisfy the total agency requirement.
J.6.5 RFTOP Provisions & Clauses
COMMERCE ACQUISITION REGULATION (CAR)
1352.201-70 Contracting Officer’s Authority (APR 2010) 1352.239-72 Security Requirements for Information Technology Resources (APR 2010)
Clauses Incorporated in Full Text: This task order incorporates the following clauses in full text.
CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR 2010)
(a) Rodney Jackson is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR contact information is:
Phone Number: 301.713.4813 E-mail: rodney.jackson@noaa.gov
(b) The responsibilities and limitations of the COR are as follows:
mailto:rodney.jackson@noaa.gov
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(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.
(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.
(End of clause)
CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)
(a) The Contracting Officer or duly authorized representative will accept supplies and services to be provided under this contract
(b) The place of acceptance will be:
Receiving Office:
National Oceanic and Atmospheric Administration (NOAA) National Environmental Satellite, Data, and Information Service (NESDIS) Office of System Architecture and Engineering (SAE) 1335 East-West Highway, SSMC1, 5th Floor Silver Spring, MD 20910 Email: natalie.laudier@noaa.gov Marked for: Natalie Laudier
CAR 1352.233-70 AGENCY PROTESTS (APR 2010)
(a) An agency protest may be filed with either:
(1) The contracting officer, or
(2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).
(b) Agency protests filed with the Contracting Officer shall be sent to the following address:
Suzanna Espinoza Contracting Officer, Satellite and Information Acquisition Division 1325 East West Highway, SSMC2 Silver Spring, MD 20910
(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:
mailto:natalie.laudier@noaa.gov
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Keith Long Branch Chief, Satellite and Information Acquisition Division 1325 East West Highway, SSMC2 Silver Spring, MD 20910
(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.
(End of Clause)
CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)
(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.
(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.
(c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5711 , Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW, Washington, DC 20230. FAX:
(202) 482-8005.
(End of clause)
1352.270-70 PERIOD OF PERFORMANCE (APR 2010)
(a) The base period of performance of this contract is from December 1, 2026 through December 1, 2028. If an option is exercised, the period of performance shall be extended through the end of that option period.
(b) The option periods that may be exercised are as follows: N/A
(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.
(End of clause)
FAR 52.217-2 Cancellation Under Multi-year Contracts (OCT 1997)
(a) "Cancellation," as used in this clause, means that the Government is canceling its requirements for all supplies or services in program years subsequent to that in which notice of cancellation is provided.
Cancellation shall occur by the date or within the time period specified in the Schedule, unless a later date is agreed to, if the Contracting Officer-
(1) Notifies the Contractor that funds are not available for contract performance for any subsequent program year; or
(2) Fails to notify the Contractor that funds are available for performance of the succeeding program year requirement.
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(b) Except for cancellation under this clause or termination under the Default clause, any reduction by the Contracting Officer in the requirements of this contract shall be considered a termination under the Termination for Convenience of the Government clause.
(c) If cancellation under this clause occurs, the Contractor will be paid a cancellation charge not over the cancellation ceiling specified in the Schedule as applicable at the time of cancellation.
(d) The cancellation charge will cover only-
(1) Costs-
(i) Incurred by the Contractor and/or subcontractor;
(ii) Reasonably necessary for performance of the contract; and
(iii) That would have been equitably amortized over the entire multi-year contract period but, because of the cancellation, are not so amortized; and
(2) A reasonable profit or fee on the costs.
(e) The cancellation charge shall be computed and the claim made for it as if the claim were being made under the Termination for Convenience of the Government clause of this contract. The Contractor shall submit the claim promptly but no later than 1 year from the date-
(1) Of notification of the nonavailability of funds; or
(2) Specified in the Schedule by which notification of the availability of additional funds for the next succeeding program year is required to be issued, whichever is earlier, unless extensions in writing are granted by the Contracting Officer.
(f) The Contractor’s claim may include-
(1) Reasonable nonrecurring costs (see subpart 15.4 of the Federal Acquisition Regulation) which are applicable to and normally would have been amortized in all supplies or services which are multi-year requirements;
(2) Allocable portions of the costs of facilities acquired or established for the conduct of the work, to the extent that it is impracticable for the Contractor to use the facilities in its commercial work, and if the costs are not charged to the contract through overhead or otherwise depreciated;
(3) Costs incurred for the assembly, training, and transportation to and from the job site of a specialized work force; and
(4) Costs not amortized solely because the cancellation had precluded anticipated benefits of Contractor or subcontractor learning.
(g) The claim shall not include-
(1) Labor, material, or other expenses incurred by the Contractor or subcontractors for performance of the canceled work;
(2) Any cost already paid to the Contractor;
(3) Anticipated profit or unearned fee on the canceled work; or https://www.acquisition.gov/far/part-15#FAR_Subpart_15_4
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(4) For service contracts, the remaining useful commercial life of facilities. "Useful commercial life" means the commercial utility of the facilities rather than their physical life with due consideration given to such factors as location of facilities, their specialized nature, and obsolescence.
(h) This contract may include an Option clause with the period for exercising the option limited to the date in the contract for notification that funds are available for the next succeeding program year. If so, the Contractor agrees not to include in option quantities any costs of a startup or nonrecurring nature that have been fully set forth in the contract. The Contractor further agrees that the option quantities will reflect only those recurring costs and a reasonable profit or fee necessary to furnish the additional option quantities.
(i) Quantities added to the original contract through the Option clause of this contract shall be included in the quantity canceled for the purpose of computing allowable cancellation charges.
(End of clause)
FAR 52.217-5 Evaluation of Options (July 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).
(End of provision)
FAR 52.217-6 Option for Increased Quantity (Mar 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.
(End of clause)
52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
(End of clause)
FAR 52.217-8 Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services. The option will be https://www.acquisition.gov/far/part-17#FAR_17_206
12/12 exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise.
(End of clause)
J.6.5.1 Additional Terms and Conditions
Consumption-based Contracting
The Contractor shall—
1. Provide, at no additional cost to the government, access to tools that enable the government to track its usage of services offered on a consumption basis; and
2. Notify the contracting officer when total consumption reaches—
a. *50 percent and *75 percent of the ceiling price for each CLIN for consumption-based services, or other milestones as agreed upon by the Contractor and the contracting officer; and
b. *50 percent and *75 percent of the contract ceiling price, or other milestones as agreed upon by the Contractor and the contracting officer.
* The awarded task order will establish ceiling pricings for each CLIN.
Note on Consumption: Actual payment will be based on the number of compliant, unique RO profiles and/or TEC tracks successfully delivered and accepted by the Government, up to the individual Task Order's funded ceiling
Explanation of Firm Fixed Unit Price (FFUP) Consumption-Based
The proposed contract utilizes a Firm-Fixed-Unit-Price (FFUP) model structured on a consumption basis. This contract type and structure aligns expenditures with actual mission demand by limiting payment to individual data units that are delivered and accepted.
The "Pay-by-the-Drip" Model
(a) Unit-Level Pricing (The "Drip"): The price is fixed at the Radio Occultation (RO) profile level.
Each profile represents a discrete "drip" of data, ensuring costs are directly proportional to the volume of information received.
(b) Acceptance: The Government shall pay for all RO data delivered and accepted up to a defined Not-to-Exceed amount (ceiling). This acceptance criteria ensures the government never pays for low-quality data or units that fail to ingest into the system.
(c) Scalable Throughput (The "Faucet"): Optional CLINs (0002–0004) act as a volume dial. By exercising these options, the government can increase the daily ceiling (e.g., from 10,000 to 26,000 profiles) at pre-negotiated fixed prices.
| FAR 52.212-1 Addenda-Additional Instructions to Offerors—Commercial Products and Commercial Services |
| National Environmental Satellite, Data, and Information Service (NESDIS) |
| Office of System Architecture and Engineering (SAE) |
| 1335 East-West Highway, SSMC1, 5th Floor Silver Spring, MD 20910 |
| Email: natalie.laudier@noaa.gov |
| Marked for: Natalie Laudier |
| CAR 1352.233-70 AGENCY PROTESTS (APR 2010) |
| CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) |
| Explanation of Firm Fixed Unit Price (FFUP) Consumption-Based |
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