COMBINED SYNOPSIS-SOLICITATION - RFQ 1305M221BNWWG0004 .pdf

RFQ 1305M221BNWWG0004

NOAA Acquisition and Grants Office (AGO) Eastern Acquisition Division (EAD)

COMBINED SYNOPSIS/SOLICITATION TEMPLATE

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS.

Solicitation number is 1305M221BNWWG0004 and is being issued as a Request for Quotations (RFQ).

This solicitation documents and incorporates provisions and clauses in effect through:

a. Federal Acquisition Circular (FAC) 2021-05, effective 03/10/2021 located on https://www.acquisition.gov/browse/index/far

b. Commerce Acquisition Regulations (CAR), effective 07/06/2021 http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm,

c. NOAA Acquisition Manual https://www.ago.noaa.gov/acquisition/AcqManual/09_acquisitionmanualtableofcontents.html It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The associated NAICS code is 518210 and the associated PSC code is DA01 for this procurement:

Is not being set-aside for small businesses.

□ Is being set-aside for small business. The small business size standard is $35M.

The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options.

Table 1 - Section B - Pricing Schedule of Supplies

Item No. Supplies/Services Quantity Unit Unit Price Amount

Base Period: GPS-Met Data gathered from 330 sites in accordance with the attached Statement of Work

Period of Performance: September 28, 2021 through September 27, 2022

12 MO

0001A

Option: Other Direct Cost Not To Exceed – Additional Sites and/or Frequency

Period of Performance: September 28, 2021 through September 27, 2022

Contract Type: Cost Reimbursable This option may be executed at any time during the stated period of performance.

100,000 U.S.

Dollars $1.00 $100,000.00 https://www.acquisition.gov/browse/index/far http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm https://www.ago.noaa.gov/acquisition/AcqManual/09_acquisitionmanualtableofcontents.html

Option Period I: GPS-Met Data gathered from 330 sites in accordance with the attached Statement of Work

Period of Performance: September 28, 2021 through September 27, 2022

12 MO

0002A

Option: Other Direct Cost Not To Exceed – Additional Sites and/or Frequency

Period of Performance: September 28, 2021 through September 27, 2022

Contract Type: Cost Reimbursable This option may be executed at any time during the stated period of performance.

100,000 U.S.

Dollars $1.00 $100,000.00

Option Period II: GPS-Met Data gathered from 330 sites in accordance with the attached Statement of Work

Period of Performance: September 28, 2021 through September 27, 2022

12 MO

0003A

Option: Other Direct Cost Not To Exceed – Additional Sites and/or Frequency

Period of Performance: September 28, 2021 through September 27, 2022

Contract Type: Cost Reimbursable This option may be executed at any time during the stated period of performance.

100,000 U.S.

Dollars $1.00 $100,000.00

Option Period III: GPS-Met Data gathered from 330 sites in accordance with the attached Statement of Work

Period of Performance: September 28, 2021 through September 27, 2022

12 MO

0004A

Option: Other Direct Cost Not To Exceed – Additional Sites and/or Frequency

Period of Performance: September 28, 2021 through September 27, 2022

Contract Type: Cost Reimbursable This option may be executed at any time during the stated period of performance.

100,000 U.S.

Dollars $1.00 $100,000.00

Option Period IV: GPS-Met Data gathered from 330 sites in accordance with the attached Statement of Work

Period of Performance: September 28, 2021 through September 27, 2022

12 MO

0005A

Option: Other Direct Cost Not To Exceed – Additional Sites and/or Frequency

Period of Performance: September 28, 2021 through September 27, 2022

Contract Type: Cost Reimbursable This option may be executed at any time during the stated period of performance.

100,000 U.S.

Dollars $1.00 $100,000.00

It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ.

Attachments:

Attachment 1 – Statement of Work Attachment 2 – Past Performance Information Form Attachment 3 – Past Performance Questionnaire

This announcement will close at 2:00PM on Tuesday, July 20, 2021. Questioning pertaining to this RFQ must be submitted in writing to Joseph Dzurenda at email Joseph.Dzurenda@noaa.gov. Telephonic requests will not be honored. Quotes may be submitted via electronic means (email) to Joseph.Dzurenda@noaa.gov by the date and time listed above. All responsible sources may submit a quote which shall be considered by the agency.

The following Federal Acquisition Regulation (FAR), Commerce Acquisition Regulation (CAR) and NOAA Acquisition Manual (NAM) provision and clauses are applicable to this procurement:

FAR 52.212-1 Instructions to Offerors - Commercial Items

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS (JAN 2017)

(b) Period for acceptance of quotes. The quoters agrees to hold the prices in its quote firm for 120 calendar days from the date specified for receipt of quotes , unless another time period is specified in an addendum to the solicitation.

(c) REMOVED

(d) REMOVED.

(e) REMOVED.

(f) REMOVED.

GENERAL INSTRUCTIONS

(a) These instructions prescribe the format for the quote and describe the approach for the development and presentation of quote data. The instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of quotes. Quotes are expected to conform to solicitation provisions and be prepared in accordance with this section. Noncompliance with the Request for Quotations requirements will raise serious questions regarding a Quoter’s technical ability to perform the services and may be grounds to eliminate the quote from further consideration for contract award. Quoters will be evaluated in accordance with FAR 52.212-2, Evaluation – Commercial Items.

Pages shall be numbered sequentially from “1” through the total number of pages in the volume. The quote shall not exceed the page limits stated for each volume. Any pages in excess of that listed will be disregarded, and will not be included in the quote evaluation. Failure of the Quoter to comply with the page limitations, resulting in the excess pages not being evaluated, shall not constitute grounds for a protest. The Government will not accept any changes to the Quoter quote after the closing date of the solicitation. Page limits include:

all appendices, charts, graphs, diagrams, tables, photographs, drawings, etc. Page Limits do not include covers for volumes, and tables of contents, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to provide ease to the reader in locating parts/sections of the quote. However, they will be counted if they contain any other information material to the quote; i.e., diagrams, extraneous data, etc.

Pages marked “This page intentionally left blank” will not be counted.

The Quoter shall number each page in order to eliminate any confusion. In the event the quoter creates an ambiguity in its numbering of pages, the Government may exercise its own discretion in counting pages.

Timeliness of the Quoter shall be in accordance with the closing date of this solicitation. Quoters are encouraged to submit their quote with adequate lead time to compensate for delays.

Cross-references should be utilized to preclude unnecessary duplication of data between sections. Digital copies shall be provided in Microsoft Word, PowerPoint, Excel, Project and/or Adobe PDF formats. File names to be “Company Name – Initial” for the first submission. File name of later submissions (if necessary), shall be “Company Name – Revision X’ with X indicating the number of the revision.

(b) OVERALL ARRANGEMENT OF QUOTATION.

VOLUME I

Factor 1: TECHNICAL APPROACH A.) Technical proposal consisting of two parts. The technical proposal will be evaluated in accordance with the criteria contained in E.1 FAR 52.212-2 Evaluation Criteria, Commercial Items (October 2014).

B.) In order that the technical proposal may be evaluated strictly on the merit of the material submitted, no contractual price information is to be included in Volume I.

C.) The Technical Plan shall not exceed 20 pages.

D.) The Sample Data Set and the Data Quality Verification Matrix does not have a page limit.

Specific Areas to be addressed:

Part I: Sample Data Set and the Data Quality Verification Matrix The Contractor shall supply a data comparison spreadsheet with columns as specified in ‘Table 10-2: Minimum Data Comparison Columns’ of the SOW. The data comparison spreadsheet must contain data from four (4) GPS/GNSS system sites. These sites are to be from within the Quoter’s chosen network of continuously operating reference station (CORS) sites. The Quoter’s four (4) chosen CORS sites are to be from one (1) each of the following NWS Service Regions: (1) Western Region, (2) Central Region, (3) Southern Region, and (4) Eastern Region.

The geographic depiction of these regions is shown in appendix 11.3. The statistical comparison must cover a minimum of one (1) year so as to include data statistics of the four (4) astronomical seasons. In addition, the Quoter may also provide more detailed data accuracy and data quality reports with any other charts, plots, graphs, and spreadsheets in regards to its quote.

Part II: Technical Plan The Contractor shall present a technical plan that clearly describes the controls, techniques and procedures to be used to ensure required work is performed in a timely, responsive, and efficient manner. The Technical Plan must include at a minimum the information listed below.

• The Contractor shall demonstrate that the quoter has the organic means or the ability to obtain access to required data by the anticipated start date of the contract to meet the minimum requirements of the Statement of Work (SOW).

• The Contractor shall provide a general approach for expanding the number of network sites and increasing the frequency of submitted data above the minimum requirements of the SOW.

Factor 2 - PAST PERFORMANCE

Past performance will be used as a means of evaluating the relative capability of the vendor to successfully meet the requirements of this solicitation. Vendors are required to provide information on no more than three (3) of the firms most recently completed contracts/orders (not to exceed three (3) years since completion from submission of quotes) for like or similar work. Vendors may submit performance data regarding current contract performance as long as a minimum of one year of performance has been completed as of the closing date of this solicitation.

Each Vendor shall submit, in writing, information on past performance on Attachment 2 - Past Performance Information Form. Vendors shall provide a detailed explanation demonstrating the relevance of the contract/order to the requirements of the solicitation. The past performance volume shall not exceed six (6) pages in length (Past Performance Information Forms are included in the page limit, but the cover page, table of contents, and/or list of acronyms/glossary are not). The Vendor is required to send Attachment 3, Past Performance Questionnaire, to those government and commercial activities provided by the vendor’s in their submission. The information shall be completed by the references who will then forward the completed questionnaires:

The Government will not accept Questionnaires directly from the vendors, only Questionnaires submitted on time and from vendor’s references will be accepted.

The Government will conduct a past performance evaluation based upon the past performance of the vendor as it relates to the probability of vendor to provide the Government with quality service as covered within the solicitation.

Vendors are cautioned that the Government reserves the right to obtain information for use in the evaluation of past performance from any sources including sources outside of the Government. The Government will obtain whatever information it deems most relevant to the required effort by telephonic and/or written inquiry. This information may include Contractor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance and Integrity System (FAPIIS), or past performance information from any source.

The burden of providing thorough, complete, and relevant past performance information rests with the vendor.

Any Past Performance Questionnaire(s) received at the Government office designated herein after the exact time specified for receipt of past performance information is "late" and may not be considered for evaluation. If the vendor possess no relevant past performance, it should affirmatively state so in the quote.

Vendors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance. A neutral rating will not be evaluated favorably or unfavorably. However, the submission with no relevant past performance history, while rated neutral in past performance, may not represent the most advantageous submission to the Government and thus, may be an unsuccessful submission when compared to the submissions of other Vendors having an satisfactory (or better) past performance.

The Quoter shall provide information on up to three (3) of its most relevant contracts or efforts within the past three (3) years prior to the date the solicitation was issued. For each contract, the Offeror shall provide:

• Name of Quoter

• Contract Number, Order Number, or Identifier

• Contract Type

• Description of work performed

• Customer Name, Location, and Title including e-mail address and Telephone number

• Contracting Officer and Contracting Officer Representative/Technical Point of Contact Name, Location, and Title including e-mail address and Telephone number

• Total dollar value for the Contract broken into annual increments Contract Period of Performance.

• The solicitation shall also authorize quoters to provide information on problems encountered on the identified contracts and the offerors corrective actions.

In the description of work, Quoters must provide a detailed explanation demonstrating the similarity of the contracts in terms of scope and magnitude, to the requirements of this RFQ for purposes of relevancy.

The Government reserves the right to contact customers identified in the quotation and solicit further information about performance in regard to quality, timeliness and cost. The accuracy of past performance data, including phone numbers of the points of contact are the full responsibility of the offeror and inaccuracy may result in non-consideration of the reference. Other related past performance information may be sought and used for evaluating completeness and accuracy of the quoters’ quote. Past performance information may be obtained from a variety of sources including other government agencies.

Quoters lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance.

VOLUME II

FACTOR 3: PRICE

a. The price quote must adhere to the pricing structure established in Table 1 - Section B - Pricing Schedule of Supplies.

b. Quoters shall complete Table 1 - Section B - Pricing Schedule of Supplies.

c. Each quoter's price quote must be based on the offeror's proposed systems, the Government's specifications, and other contractual requirements. If the prices to be used are based on a published price list or catalog, the quoter shall so state, and provide a copy of the document with its price quote. If the prices are to be based on established market prices, not otherwise published, or are prices applicable only to the proposed contract, the offeror shall so state.

d. The Government anticipates that the contract to be awarded will be based upon adequate price competition. However, in order to determine that offered prices are fair and reasonable, the Government reserves the right to request that the offeror provide further information to support proposed prices.

e. 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 exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise.

(End of Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items)

FAR 52.212-2 Evaluation—Commercial Items applies to this acquisition;

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:

• Technical

• Past Performance

• Price

Technical and past performance, when combined, are significantly more important than price. However, the Government will not award at significantly higher prices to only achieve slightly better performance. The Government will assess the benefits or better performance versus the added price through trade-off analysis.

As non-price factors become equal-price becomes increasingly important.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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 or quotations 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).

(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.

(End of Provision)

FAR 52.212-4 Contract Terms and Conditions - Commercial Items

Addendum to FAR 52.212-4 Contract Terms and Conditions - Commercial Items

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE DATE

FAR 52.202-1 Definitions JUNE 2020 FAR 52.203-3 Gratuities APR 1984 FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights JUN 2020

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN 2017 FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 FAR 52.204-13 System for Award Management Maintenance OCT 2018 FAR 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 FAR 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment AUG 2020

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015 FAR 52.212-4 Contract Terms and Conditions—Commercial Items OCT 2018 FAR 52.217-8 Option to Extend Services NOV 1999 FAR 52.217-9 Option to Extend the Term of the Contract MAR 2000 FAR 52.227-14 Rights in Data General May 2014 FAR 52.232-1 Payments APR 1984 FAR 52.232-11 Extras APR 1984 FAR 52.232-17 Interest MAY 2014 FAR 52.232-23 Assignment of Claims MAY 2014 FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 FAR 52.233-1 Disputes MAY 2014 FAR 52.233-3 Protest After Award AUG 1996

CLAUSE NO. CLAUSE TITLE DATE

FAR 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 FAR 52.243-1 Changes – Fixed Price AUG 1987 FAR 52.242-13 Bankruptcy JUL 1995 CAR 1352.208-70 Restrictions on Printing and Duplicating APRIL 2010 CAR 1352.209-73 Compliance with the Law April 2010 CAR 1352.209-74 Organizational Conflict of Interest April 2010 CAR 1352.231-71 Duplication of Effort APR 2010 CAR 1352.242-70 Post award Conference APR 2010 CAR 1352.227-70 Rights in Data, Assignment of Copyright APR 2010 CAR 1352.228-70 Insurance Coverage APR 2010 CAR 1352.228-72 Deductibles under required insurance coverage – fixed price APR 2010 CAR 1352.237-74 Progress Reports APR 2010 CAR 1352.239-71 Electronic and Information Technology APR 2010 CAR 1352.239-72 Security Requirements for information technology resources. APR 2010

(End of Clause)

2. FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

3. CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

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

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

(a) TO BE DETERMINED AT AWARD is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

1325 East West Hwy, SSMC 2 Silver Spring, MD 20910-3283 Email: ____________@noaa.gov Phone: ___-___-____

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

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

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

5. CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

a. The base period of performance of this contract is from the September 28, 2021 through September 27, 2022. 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:

Period Start Date End Date

Option I September 28, 2022 September 27, 2023 Option II September 28, 2023 September 27, 2024 Option III September 28, 2024 September 27, 2025 Option IV September 28, 2025 September 27, 2026

c. The notice requirements for unilateral exercise of option periods are set out in FAR 52.217–9.

d. The Government may extend the ordering period up to six more months at the rates specified in the applicable performance period if the Government exercises FAR 52.217-8, Option to Extend Services.

e. The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-8.

6. CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

Attn: Wufeng Zhou 1325 East West Hwy, Silver Spring, MD 20910-3283

7. NOAA/EAD INVOICES (APR 2011)

(a) Payment will be based on receipt of a proper invoice and satisfactory contract performance and guidelines in FAR 32.9, Prompt Payment.

1. Original invoices shall be e-mailed to the designated billing office as follows:

TO BE DETERMINED AT TIME OF AWARD

(Insert Address) Email: ____________@noaa.gov Phone: ___-___-____

2. A copy of all invoices shall be e-mailed, to the contract administration office as follows:

NOAA/Eastern Region Acquisition Division Attn: Joseph Dzurenda 200 Granby Street, Suite 405 Norfolk, VA 23510 Email: Joseph.Dzurenda@noaa.gov

3. The designated payment office for this contract is:

NOAA FINANCE OFFICE

20020 Century Blvd Germantown MD, 20874

(b) The Government will return invoices that do not comply with these requirements.

8. NAM 1330-52.203-70 SCIENTIFIC INTEGRITY AND RESEARCH MISCONDUCT (OCT 2012)

(a) Definitions. As used in this solicitation and contract language – Scientific activities mean activities that involve inventorying, monitoring, observations, experimentation, study, research, integration, modeling, and scientific assessment.

Scientific integrity means the condition resulting from adherence to professional values and practices when conducting and applying the results of science that ensures objectivity, clarity, and reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism, interference, censorship, and inadequate procedural and information security.

Presentation of scientific activities results includes the analysis, synthesis, compilation, or translation of scientific information and data into formats for the use of the Department of Commerce or the United States of America.

Scientific and Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing scientific and research activities, or in the products or reporting of the results of these activities. It specifically includes intentional circumvention of the integrity of the scientific and research process and actions that compromise that process, but does not include honest error or differences of opinion.

Investigation is formal collection and evaluation of information and facts to determine if scientific or research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action.

(b) General Guidelines

Maintaining Integrity. The contractor shall maintain the scientific integrity of research performed pursuant to this contract award including the prevention, detection, and remediation of research misconduct, and the conduct of inquiries, investigations and adjudication of allegations of research misconduct.

In performing or presenting the results of scientific activities under the contract, and in responding to allegations of scientific and research misconduct, the contractor shall comply with the solicitation and contract language herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto.

Primary Responsibility. The contractor shall have the primary responsibility to prevent, detect, and investigate allegations of scientific and research misconduct. Unless otherwise instructed by the contracting officer, the contractor shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so.

By executing this contract, the contractor provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation and reporting of such misconduct.

The contractor shall insert the substance of this requirement in subcontracts at all tiers that involve research being performed under this contract.

(c) Investigating Misconduct Research

Initiating Investigation. If the contractor determines that there is sufficient evidence to proceed to an investigation, it shall notify the contracting officer and, unless otherwise instructed, the contractor shall:

Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted.

If the investigation leads to a finding of scientific and research misconduct, obtain adjudication by a neutral third party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions.

Finalizing Investigation. When the investigation is complete, the contractor shall forward to the contracting officer a copy of the evidentiary record, the investigative report, any recommendations made to the Contractor’s adjudicating official, the adjudicating official’s decision and notification of any corrective action taken or planned, and the subject’s written response (if any).

(d) Findings and Corrective Actions

If the contractor finds that scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall:

Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, andCoordinate remedial action with the contracting officer.

(e) Department of Commerce Actions

The Department of Commerce may accept the Contractor’s findings or proceed with its own investigation, in which case the contractor shall fully cooperate with the investigation. The contracting officer will inform the contractor of the Department’s final determination.

The Department of Commerce reserves the right to pursue such remedies and other actions as it deems appropriate, consistent with the terms and conditions of the contract and applicable laws and regulations. Such remedies and actions may include, but are not limited to, disallowance of costs, recoupment of contract payments, and suspension or debarment.

9. NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015)

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

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

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

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

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

10. NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005)

A schedule of all deliverables required under the terms and conditions of the contract will be provided in the purchase order.

11. NAM 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND

RESPONSE POLICY (MAY 2018)

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

(a) Definitions.

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

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

Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true:

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

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

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

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

(b) Requirements.

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

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

If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the Contracting Officer’s Representative (COR), subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement.

In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6.07, Reporting from Remote Locations.

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

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

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

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

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

The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA’s Workplace Violence Program Manager. A link to the website including the required elements of the training is provided at https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financia

l. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed.

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

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

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

The contractor shall provide a copy of this solicitation and contract language and NAO 202-1106 to contractor employees.

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

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

All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week. The NOAA SASH helpline is accessible through a variety of channels, including:

Phone: 1-866-288-6558 Website & Online Chat: https://www.noaasashhelpline.org/ Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores) Text: (202) 335-0265

(d) Confidentiality.

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

(e) Remedies.

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

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

Requiring the contractor to terminate a subcontract;

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

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

Suspension or debarment; or Other appropriate action.

(End of Solicitation and Contract language)

12. NAM 1330-52.227-70 INSTRUCTIONS TO OFFERORS – AWARDS EXPECTED TO GENERATE

ENVIRONMENTAL DATA OR PEER-REVIEWED PUBLICATIONS (OCT 2016)

1. Environmental data and information collected, created, or produced under NOAA contracts or orders must be made discoverable by and accessible to the general public, in a timely fashion (typically within two years), free of charge or at no more than the cost of reproduction, unless an exemption, waiver, or extension is authorized by the NOAA Program. Data must be available in at least one machine-readable format, preferably a widely used or open-standard format, and must be accompanied by machine-readable documentation (metadata), preferably based on widely used or international standards.

2. Environmental data are defined by NOAA Administrative Order (NAO) 212-15: Management of Environmental Data and Information as recorded and derived observations and measurements of the physical, chemical, biological, geological, and geophysical properties and conditions of the oceans, atmosphere, space environment, sun, and solid earth, as well as correlative data such as socio-economic data (personally-identifiable information regarding human subjects must be properly protected or removed), related documentation, and metadata. Digital audio or video recordings of environmental phenomena (such as animal sounds or undersea video) are included in this definition. Numerical model outputs (the data produced by computer simulations of environmental processes) are included in this definition, particularly if they are used to support the conclusion of a peer-reviewed publication. Data collected in a laboratory or other controlled environment, such as measurements of animals and chemical processes, are included in this definition.

This does not apply to laboratory notebooks, preliminary analyses, drafts of scientific papers, plans for future research, peer review reports, communications with colleagues, or physical objects, such as laboratory specimens.

3. Offerors must include a Data Management Plan of up to two pages describing how these requirements will be satisfied. The Data Management Plan shall be aligned with the Data Management Guidance provided by NOAA in this solicitation. The Data Management Plan and past performance regarding such plans, will be evaluated for award. A plan shall include descriptions of the types of environmental data and information expected to be created during the course of the project; the tentative date by which data accessibility will occur; maintenance or updates to the data (if required); the standards to be used for data/metadata format and content; methods for providing data access; approximate total volume of data to be collected; and prior experience in making such data accessible. Approved submission of data by the contractor to NOAA National Centers for Environmental Information (NCEI), or to a publicly-accessible data repository approved by the NOAA Program Office, shall be sufficient to satisfy the data accessibility requirement as of the date the submission was performed. After the acceptance of data by the Government, unless specifically required in the contract, Data Management Guidance, and period of performance of the contract, the contractor is not required to maintain the data. Once the performance period for the contract has expired, the contractor is no longer responsible for maintaining this information. If the data are not submitted to NCEI, but are instead made accessible by some other means (e.g., on a web server hosted by the contractor) then the contractor shall identify the plan for continued availability.

4. The costs of data preparation, accessibility, maintenance (if required), or archiving may be included in the price unless otherwise stated in the Data Management Guidance. Accepted submission of data to the NCEI is one way to satisfy data sharing requirements; however, NCEI is not obligated to accept all submissions and may charge a fee, particularly for large or unusual datasets.

5. The Data Management Plan shall be incorporated into the resultant contract or order. NOAA may, at its own discretion, make publicly visible the Data Management Plan from funded proposals, or use information from the Data Management Plan to produce a formal metadata record and include that metadata in a Catalog to indicate the pending availability of new data.

6. Contractors are hereby advised that the final pre-publication manuscripts of scholarly articles produced pursuant to the resultant contract or order will be required to be submitted to NOAA Institutional Repository located at http://library.noaa.gov/Research-Tools/IR after acceptance, and no later than upon publication. Such manuscripts shall be made publicly available by NOAA no later than one year after publication by the journal.

(End of solicitation language)

13. NAM 1330-52.227-70 INSTRUCTIONS TO OFFERORS – AWARDS EXPECTED TO GENERATE

ENVIRONMENTAL DATA OR PEER-REVIEWED PUBLICATIONS (OCT 2016)

Environmental data and information collected, created, or produced under NOAA contracts or orders must be made discoverable by and accessible to the general public, in a timely fashion (typically within two years), free of charge or at no more than the cost of reproduction, unless an exemption, waiver, or extension is authorized by the NOAA Program. Data must be available in at least one machine-readable format, preferably a widely used or open-standard format, and must be accompanied by machine-readable documentation (metadata), preferably based on widely used or international standards.

Environmental data are defined by NOAA Administrative Order (NAO) 212-15: Management of Environmental Data and Information as recorded and derived observations and measurements of the physical, chemical, biological, geological, and geophysical properties and conditions of the oceans, atmosphere, space environment, sun, and solid earth, as well as correlative data such as socio-economic data (personally-identifiable information regarding human subjects must be properly protected or removed), related documentation, and metadata. Digital audio or video recordings of environmental phenomena (such as animal sounds or undersea video) are included in this definition.

Numerical model outputs (the data produced by computer simulations of environmental processes) are included in this definition, particularly if they are used to support the conclusion of a peer-reviewed publication. Data collected in a laboratory or other controlled environment, such as measurements of animals and chemical processes, are included in this definition.