DRAFT RFP 1305M426R0011.pdf

Professional, Scientific, and Technical Services Program (ProTech)

Space-Based Environmental Monitoring (SBEM) Domain

Draft Request for Proposal (RFP)

RFP: 1305M426R0011

Date: March 12, 2026

National Oceanic and Atmospheric Administration (NOAA)

Acquisition and Grants Office (AGO)

Corporate Services Acquisition Division (CSAD)

DRAFT

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

1305M426R0011

NESDIS/HQ

1335 EAST WEST HIGHWAY

RM: 7412

SILVER SPRING MD 20910

CSAD-Pro-Tech Services

1325 EAST WEST HWY

SSMC2, RM 11323

SILVER SPRING MD 20910

CSAD-Pro-Tech Services

1325 EAST WEST HWY

SSMC2, RM 11323

SILVER SPRING MD 20910

05/22/2026 1300 ET

DANIEL OK

CSAD-PT

CSAD-PT

PAUL BATRONY

518210

$40

04/24/2026

NEEA011

Period of Performance: 09/01/2026 to

08/31/2031

0001 Indefinite Delivery, Indefinite Quantity (IDIQ) contract for the ProTech 2.0 Space-Based

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

Environmental Monitoring (SBEM) Domain

See J.1 Statement of Work for description of services

Base Period

Product/Service Code: DF10

0002 [Minimum Guarantee Placeholder]

Product/Service Code: DF10

1001 Indefinite Delivery, Indefinite Quantity (IDIQ) contract for the ProTech 2.0 Space-Based

Environmental Monitoring (SBEM) Domain

See J.1 Statement of Work for description of services

Option Period I

(Option Line Item)

Anticipated Exercise Date: 07/31/2031

Product/Service Code: DF10

Period of Performance: 09/01/2031 to

08/31/2036

1305M426R0011 BASE

Section A - Solicitation/Contract Form Section B - Supplies or Services/Prices Section C - Description/Specifications Section D - Packaging and Marking Section E - Inspection and Acceptance Section F - Deliveries or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders Section L - Instructions, Conditions, and Notices to Bidders Section M - Evaluation Factors for Award

Section A - Solicitation/Contract Form

[See attached SF 1449]

Section B - Supplies or Services/Prices

B.1 GENERAL

The Professional, Scientific, and Technical Services Program (ProTech) 2.0 is a suite of multiple-award Indefinite Delivery, Indefinite Quantity (IDIQ) contracts currently consisting of four Domains: Satellite, Oceans, Fisheries, and Weather. These Domains provide resources in support of the National Oceanic and Atmospheric Administration (NOAA) to include its Line and Staff Offices. The National Environmental Satellite, Data, and Information Service (NESDIS) intends to establish a fifth Domain, Space-Based Environmental Monitoring (SBEM), that will provide a broad scope for the procurement of commercial SBEM Data-as-a-Service.

NESDIS’ Commercial Data Program (CDP) is soliciting proposals for a multiple-award IDIQ contract. The ceiling dollar amount for all orders under all ProTech Domains, including the SBEM Domain, is $8,000,000,000.

This contract provides services to the SBEM Domain under NAICS code 518210 - Data Processing, Hosting, and Related Services.

B.2 ORDERING PERIOD

The IDIQ contracts will have one five-year base ordering period and one five-year optional ordering period. There is no guarantee that the option will be exercised on any or all of the awarded contracts.

This is not a multiyear contract as defined in FAR 17.102.

B.3 CONTRACT TYPE

ProTech-SBEM is a multiple-award IDIQ contract that allows for task orders to be issued on a Firm-Fixed- Price (FFP) and/or Firm-Fixed-Unit-Price (FFUP) basis. As necessary, services may be acquired through multiyear or multiple year task orders.

B.4 TASK ORDER PRICING

Under the SBEM IDIQ contracts, each task order requirement will include the delivery period, data rights option(s) and quantity required. The Ordering Contracting Officer (OCO) has the authority and responsibility to determine price reasonableness for task order requirements and to request discounted pricing on all task orders. The data option prices contained in Attachment J.2 are maximum rates. The contractor cannot exceed these rates. Competition at the task order level is expected to establish fair and reasonable pricing for task orders.

B.5 SECTION B CLAUSES

CAR 1352.216-75 Minimum and maximum contract amounts. (APR 2010)

During the term of the contract, the Government shall place orders totaling a minimum of $250. The amount of all orders shall not exceed $8,000,000,000 across all five ProTech 2.0 domains.

(End of clause)

B.6 AWARDED FUNCTIONAL CATEGORIES

The Contractor will provide data in accordance with the following functional categories identified in the

SOW: [TO BE FILLED OUT AT CONTRACT AWARD]

(End of Section B)

Section C - Description/Specifications

[Statement of Work attached as J.1]

(End of Section C)

Section D - Packaging and Marking

[This page intentionally left blank]

(End of Section D)

Section E - Inspection and Acceptance

E.1 SECTION E CLAUSES

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:

As specified in each individual Task Order.

(End of clause)

(End of Section E)

Section F - Deliveries or Performance

F.1 DELIVERY

The services required under each individual task order shall be delivered and received at the destination within the time frame specified in each order.

F.2 PLACE OF PERFORMANCE

Place of performance shall be set forth in individual task orders.

F.3 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or completion date, or as soon as the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the OCO and the Contracting Officer’s Representative (COR) in writing. This notification shall give pertinent details, but this notification shall be informational only in character; this term shall not be construed as a waiver by the Government of any delivery schedule, delivery date, or rights or remedies provided by law or under this contract.

F.4 DELIVERABLES

(a) All applicable task order deliverables and their required delivery dates, destination of delivery, and schedule for completion of work to be performed will be specified in task orders issued under this contract.

(b) All deliverables submitted in electronic format shall be free of any known computer virus or defects.

If a virus or defect is found, the initial deliverable will not be accepted.

(c) Any failure of the Contractor to adhere to a delivery schedule or a deliverable requirement may be reflected in the Contractor’s past performance report.

F.5 SECTION F CLAUSES

CAR 1352.270-70 Period of performance. (APR 2010)

(a) The estimated base period of performance and ordering period of this contract is from 9/1/2026 through 8/31/2031. 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:

9/1/2031 through 8/31/2036

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

(End of clause)

F.6 PERIOD OF PERFORMANCE FOR ON-RAMPED CONTRACTORS

(a) For contractors who are on-ramped to the contract after the start of the base period identified in CAR 1352.27-70 Period of Performance (APR 2010), the estimated base period of performance and ordering period of this contract is from effective date of the on-ramped contractor’s contract through 8/31/2031. If an option is exercised, the period of performance shall be extended through the end of that option period. A single option period may be exercised from 9/1/2031 through 8/31/2036.

(b) In the event a contractor is not on-ramped until the option period identified in CAR 1352.270-70 Period of Performance (APR 2010), then the period of performance will be from the effective date of the on-ramped contractor’s contract through 8/31/2036. In such an event, the on-ramped contractor’s contract will not have an option period.

(End of Section F)

Section G - Contract Administration Data

G.1 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data for obligations under the contract will be set forth in individual task orders.

G.2 PRIMARY GOVERNMENT ROLES AND RESPONSIBILITIES

The following subsections describe the roles and responsibilities of individuals and authorized users who will be the primary Points of Contact (POC) for the Government on matters regarding contract administration.

G.2.1 GOVERNMENT PERSONNEL

G.2.1.1

CAR 1352.201-70 Contracting Officer's Authority. (MAR 2010)

G.2.1.2

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 is located at:

N/A

Phone Number: N/A

E-mail: rodney.jackson@noaa.gov

(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.

(End of clause)

G.2.1.3 Task Order Contracting Officer’s Representative (TO COR)

OCOs shall designate CORs for individual task orders who will be responsible for the day-to-day coordination of task orders. The TO COR will represent the OCO in administration of technical details within the scope of the task order. The TO COR is also responsible for the final inspection and acceptance of all task order deliverables and reports, and such other responsibilities as may be specified in the task order. The TO COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the OCO or the Government. The TO COR does not have authority to alter the Contractor’s obligations or to change the task order specifications, price, terms, or conditions. If, as a result of technical discussions, it is desirable to modify task order obligations or the specification, changes will be issued in writing and signed by the OCO.

G.3 PLACEMENT OF ORDERS

CAR 1352.216-76 Placement of orders. (APR 2010)

(a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Method of payment and payment office, if not specified in the contract;

(9) Any other pertinent information.

(b) In accordance with FAR 52.216-18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:

Authorized NOAA contracting officers

(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is Department of Commerce Office of Inspector General.

(End of clause)

G.3.1 Ordering Process

All ProTech-SBEM contract holders with the relevant Functional Categories awarded on their IDIQ contracts will be provided a fair opportunity to be considered on task orders, in accordance with FAR 16.507-2, unless exempted in accordance with applicable terms of the FAR.

Contractors are only eligible to compete for Task Orders issued under the specific Functional Categories for which they were evaluated (technical and price) and granted an award at the IDIQ level. An awardee’s IDIQ contract shall explicitly identify the Functional Categories for which they are qualified.

The OCO, in consultation with the TO COR or other designated technical representatives, will examine the capabilities of the contract holders in order to determine if a small business (or socio-economic category) set-aside is appropriate for each order. After completing this examination, the OCO may limit competition for an order for small businesses. The OCO will then solicit proposals from small business contractors, as applicable, or open the competition to all contract holders after review and coordination with the NOAA Small Business Office and the Small Business Administration (SBA).

G.3.2 Small Business Reserve

This reserve is conducted in accordance with 13 CFR 125.2(e)(4) and therefore, if there are two or more contract awards to any one type of small business concern, the Government may compete any orders solely amongst the specified types of small business concerns if the “rule of two” or an alternative set-aside requirement provided in the small business program have been met. If there are several awards to several different types of small businesses the Government may compete any orders solely amongst all of the small business concerns if the “rule of two” has been met.

G.4 EVALUATION OF CONTRACTOR PERFORMANCE

Past performance information may be relevant for task order source selection purposes. It includes, but is not limited to: the Contractor’s record of conforming to contract requirements and to standards of good workmanship; the Contractor’s adherence to contract schedules, including the administrative aspects of performance; execution within cost/price; the Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Contractor’s business-like concern for the interests of the customer. Evaluations will be conducted in accordance with FAR Subpart 42.11.

G.5 ON-RAMPING

The Government reserves the right to award additional contracts if it is determined to be in its best interest. This solicitation will remain open for the duration of the base period and any exercised option periods. Proposals may be submitted at any time. Proposals must follow the same format and satisfy the same technical requirements as specified in Section L of the initial solicitation.

The Government intends to evaluate new proposals every six (6) months from the date of initial contract award. The Government reserves the right to adjust evaluation frequency based on the volume of submissions or agency needs.

In the event that additional contracts are established in accordance with this provision, the ordering period of the “on-ramped” contracts will be for the length of time remaining in the originally established 5-year ordering period and will share the program’s remaining maximum value.

G.6 EXCHANGE OF ACQUISITION INFORMATION

By submitting information in response to this solicitation and resultant contract, the offeror/contractor consents to NOAA sharing information in its proposal/contract with the other government agencies identified below:

• Members of the Interagency Committee for Advancing Weather Services (ICAMS), which comprises representatives from NOAA, the National Aeronautics and Space Administration, the Department of Defense, the National Science Foundation, the Department of Energy, and the Department of the Interior.

• ICAMS intends to use this information to foster interagency coordination on approaches to purchasing commercial weather data for operational use within the Federal Weather Enterprise.

G.7 INTERRELATIONSHIPS OF CONTRACTORS

NOAA and/or other Government agencies may have entered into contractual agreements in order to provide professional services requirements separate from the work to be performed under this contract.

Further, NOAA and/or other Government agencies may extend these existing agreements or enter into new agreements. The Contractor may be required to coordinate with other such Contractor(s) through the cognizant CO and/or designated representative in providing suitable, non-conflicting technical and/or management interfaces and in avoidance of duplication of effort.

G.8 OMBUDSMAN

RFO 52.216-32 Task-Order and Delivery-Order Ombudsman. (SEP 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Department of Commerce Office of Inspector General https://www.commerce.gov/bureaus-and-offices/os/inspector-general

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the

Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of clause)

(End of Section G)

Section H - Special Contract Requirements

H.1 AUTHORIZED USERS

ProTech-SBEM is available for use by NOAA and its Line and Staff Offices.

H.2 ADVERTISEMENTS, PUBLICIZING AWARDS AND NEWS RELEASES

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies or services pursuant to the provisions of ProTech-SBEM in any publicity/news release or commercial advertising without first obtaining explicit written consent to do so from the ProTech-SBEM contracting officer. This restriction does not apply to marketing materials developed for presentations to potential Government customers of the ProTech IDIQ Program.

For task orders, the Contractor shall also obtain the written consent of the OCO. If consent is obtained, the Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the supply or service provided is endorsed or preferred by the Federal Government, or is considered by the Government to be superior to other products or services.

H.3 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

(a) The Government hereby provides notification that Government personnel observe federal holidays as listed by the U.S. Office of Personnel Management (OPM): https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/.

(b) In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Any other day designated by the President’s Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation except as set forth within the contract.

(d) If Government personnel are furloughed, the Contractor shall contact the OCO or the TO COR to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected.

Generally, the following situations apply:

Contractor personnel that are able to continue contract performance (either on-site or at a site other than their normal work station), shall continue to work and the contract price shall not be reduced or increased.

Contractor personnel that are not able to continue contract performance (e.g., support functions), may be asked to cease their work effort.

(e) In those situations that Government personnel are furloughed, the Contractor may not invoice for their employees working during the Government furlough, until funds are made available through an appropriation or continuing resolution.

(f) Nothing in this clause abrogates the rights and responsibilities of the parties relating to stop work provisions as cited in other sections of this contract.

H.4 NOTICE OF PARTICIPATION OF NON-GOVERNMENT PERSONNEL

The Contractor is advised that the Government may utilize the outside Contractors and/or Consultants listed below to assist in the evaluation of proposals for this IDIQ contract and any subsequent task order solicitations and the administration of this contract. These Contractors/ Consultants will have access to any and all information submitted by contractor and will be subject to the restrictions contained in CAR Clauses 1352.209-72 Restrictions Against Disclosure, 1352.209-74 Organizational Conflict of Interest and FAR Clause 52.203-16 Preventing Personal Conflicts of Interest. The companies/organizations employing the subject Contractors/Consultants are also required to comply with these same confidentiality restrictions. All federal and non-federal personnel supporting the Government in the administration of this contract will have executed Non-Disclosure Agreements. The Contractor is advised that the Government may utilize the assistance of the outside Contractors and/or Consultants listed below to assist in the evaluations of proposals as non-voting subject matter experts.

University Corporation for Atmospheric Research (UCAR) 3090 Center Green Dr.

Boulder, CO 80301

Science and Technology Corporation (STC) 21 Enterprise Parkway, Suite 150 Hampton, VA 23666-6413

H.5 SECTION H CLAUSES INCORPORATED BY REFERENCE

Clause Database Clause Number Clause Title Item List

CAR 1352.209-71 Limitation of future contracting. (APR 2010) - Alternate III CAR 1352.209-72 Restrictions against disclosure. (APR 2010) CAR 1352.209-73 Compliance with the laws. (APR 2010) CAR 1352.209-74 Organizational conflict of interest. (APR 2010) CAR 1352.216-74 Task orders. (APR 2010) CAR 1352.227-70 Rights in data, assignment of copyright. (APR 2010) CAR 1352.231-71 Duplication of effort. (APR 2010)

H.6 SECTION H CLAUSES IN FULL TEXT

CAR 1352.242-70 Postaward conference. (APR 2010)

A postaward conference (virtual) with the successful offerors will be required. The Contracting Officer will contact all awardees within 20 days of contract award to arrange the conference.

The purpose of the post award conference is to aid both the Contractor and the Government in achieving a clear and mutual understanding of all contract requirements and identify and resolve potential problems.

The Contracting Officer is responsible for establishing the time and place of the conference and will notify the appropriate Government representatives and the Contractors. The conference may be conducted virtually and/or at a location within the Washington, D.C. commuting area at the Government’s discretion.

Each IDIQ award will have obligated the minimum guarantee amount of $250, which may be invoiced after the post award conference. The Government will not reimburse contractors for post award conference travel or expenses beyond that amount.

The Contractor shall attend post award conferences on task orders as required. The task order post award conferences will establish work level points of contact for the task order, as well as determine the task order administration strategy, roles and responsibilities; and ensure prompt payment and task order closeout.

(End of clause)

NOAA Acquisition Manual 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 clause)

NOAA Acquisition Manual 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.

1. 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.

2. 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.

3. 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 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.

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

5. 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).

6. 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.

7. 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-financial. 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.

8. 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.

9. 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.

10. 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.

11. 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:

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

2. Requiring the contractor to terminate a subcontract;

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

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

5. Suspension or debarment; or

6. Other appropriate action.

(End of clause)

NOAA Acquisition Manual 1330-52.237-70 CONTRACTOR COMMUNICATIONS

(a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when:

¿ Included in NOAA’s locator, and

¿ When submitting any type of electronic correspondence to any NOAA employee or stakeholder.

(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.

(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.

(End of clause)

NOAA Acquisition Manual 1330-52.243-70 REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the contractor believes the Government is liable. The request shall include only costs for performing the change. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) Any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official’s Name)

(Title)

(c) The certification in paragraph (b) of this solicitation and contract language requires full disclosure of all relevant facts, including:

1. Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

2. Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this solicitation and contract language does not apply to:

1. Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

2. Final adjustments under an incentive provision of the contract.

(End of clause)

(End of Section H)

Section I - Contract Clauses

I.1Clauses Incorporated by Reference Clause Number Clause Title

52.202-1 Definitions. (JUN 2020) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government.

(JUN 2020) - Alternate I (NOV 2021)

52.203-13 Contractor Code of Business Ethics and Conduct. (NOV 2021)

52.203-16 Preventing Personal Conflicts of Interest. (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)

52.204-13 SYSTEM FOR AWARD MANAGEMENT-MAINTENANCE.

(OCT 2018) (Deviation JAN 2026)

52.204-15

SERVICE CONTRACT REPORTING REQUIREMENTS FOR

INDEFINITE-DELIVERY CONTRACTS. (OCT 2016) (Deviation

JAN 2026)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.209-6

PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED. (JAN 2025) (Deviation JAN 2026)

52.209-10

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS. (NOV 2015) (Deviation JAN 2026)

52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT.

(OCT 1997) (Deviation JAN 2026)

52.215-21

REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA

AND DATA OTHER THAN CERTIFIED COST OR PRICING

DATA-MODIFICATIONS. (NOV 2021) (Deviation JAN 2026)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (JAN 2025)

(Deviation JAN 2026)

52.219-9

SMALL BUSINESS SUBCONTRACTING PLAN. (JAN 2025)

(Deviation JAN 2026) - ALTERNATE II (NOV 2016) (Deviation JAN 2026)

52.219-14 LIMITATIONS ON SUBCONTRACTING. (OCT 2022)

(Deviation JAN 2026)

52.219-16 LIQUIDATED DAMAGES-SUBCONTRACTING PLAN. (SEP

2021) (Deviation JAN 2026)

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION. (JAN 2025) (Deviation JAN 2026)

52.222-3 Convict Labor. (JUN 2003)

52.222-50 COMBATING TRAFFICKING IN PERSONS. (OCT 2025)

(Deviation JAN 2026)

52.232-40 Providing Accelerated Payments to Small Business

Clause Number Clause Title Subcontractors. (MAR 2023)

52.233-3 PROTEST AFTER AWARD. (AUG 1996) (Deviation JAN 2026)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM.

(OCT 2004) (Deviation JAN 2026)

52.242-5 Payments to Small Business Subcontractors. (JAN 2017) 52.242-13 Bankruptcy. (JUL 1995) 52.242-15 Stop-Work Order. (AUG 1989)

52.244-6

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES. (OCT 2025) (Deviation JAN 2026)

1352.237-70 Security processing requirements-high or moderate risk contracts. (APR 2010)

1352.237-71 Security processing requirements-low risk contracts (APR 2010)

1352.237-72 Security processing requirements-national security contracts. (APR 2010)

I.2

Full Text Clauses

Standard Language Notice Regarding Representations

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements.

Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Standard Language UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

NOAA Acquisition Manual 1330-52.208-70 SUBCONTRACTING WITH ABILITYONE NONPROFIT

ORGANIZATIONS (DECEMBER 2022)

NOAA recognizes and appreciates the value and talent that people with disabilities bring to our workplaces. The Committee for Purchase From People Who Are Blind or Severely Disabled (AbilityOne Program) is one of the United States’ largest sources of employment for people who are blind or have significant disabilities, employing more than 40,000 individuals, including approximately 2,500 veterans.

Approximately 450 nonprofit organizations employ these individuals who provide quality products and services to the Federal Government totaling nearly $4 billion each year. Contracting with AbilityOne nonprofit organizations provides veterans and individuals who are blind or have significant disabilities more opportunities to work, lead independent lives, serve in their communities, and contribute to the strength of our Nation’s economy.

This contract action is identified as including opportunities for subcontracting. The statutory obligation for Government agencies to satisfy their requirements for supplies or services available from the AbilityOne Program also applies when contractors purchase the supplies or services for Government use. For this contract action (contracting officer select one):

X A subcontracting plan is required. The contractor shall include AbilityOne as a separate goal on the subcontracting plan. This line must be reported in the Electronic Subcontracting Reporting System (eSRS) under Large Business. AbilityOne will give Other Than Small Business credit on subcontracting plans.

[Contracting Officer Select One] A subcontracting plan is not required. The contractor should consider subcontracting with AbilityOne nonprofit organizations to the maximum extent practicable and allowable consistent with other statutory and regulatory requirements applicable to the acquisition.

To engage with an AbilityOne Contractor (Non-Profit Agency) for subcontracting opportunities, the prime contractor should include the following information in an email to primecontractor@abilityone.org:

a) Solicitation number

b) Copy of the performance work statement or scope of work

c) Identification of work that will be set aside for AbilityOne

d) Estimated annual value of work for AbilityOne

e) Prime contractor point of contact email address, phone number, name, and title

(End of solicitation and contract language)

RFO 52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (NOV 2023) (Deviation JAN 2026)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.

3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C.