Draft RFP 1332KP24R0034.pdf

THIS IS A DRAFT REQUEST FOR PROPOSAL (RFP).

Space Weather Observations - Mission Operations Services (SWO-MOS) is a single-award, Indefinite-Delivery Indefinite-Quantity (IDIQ) contract to provide a multi-mission operations service architecture to support all Space Weather Next (SW Next) space weather environmental observations. Individual supplies and service requirements under the subject contract shall be further defined at the task order level.

SWO-MOS Industry Day

The Government is planning an Industry Day, during which potential contractors may obtain a better understanding of the work required.

Questions will be considered during the conference; however, offerors will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and the Government's answers, and a list of attendees, will be made publicly available.

The Industry Day will take place virtually on Google Meet. In order to facilitate preparations, please contact Mr. Todd Blose at Todd.Blose@noaa.gov to make arrangements for the meeting link.

The SWO-MOS Industry day will be held:

Date: March 27, 2025 Time: 10:00 a.m. EST - 12:00 p.m. EST Location: Google Meet

In conjunction with the SWO-MOS industry day, we are accepting feedback on this draft solicitation. Please submit any feedback in writing to the Contract Specialist, Mr. Recarlo Applewhite at Recarlo.Applewhite@noaa.gov (cc Procurement Contracting Officers, Ms.

Maryann Orellana at Maryann.Orellana@noaa.gov and Mr. Todd Blose at Todd.Blose@noaa.gov). Questions and/or feedback should be received no later than April 15, 2025. DRAFT

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A B

C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a) (

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

15B. TELEPHONE NUMBER

CODE

OF PAGES

1332KP24R0034

RECARLO.APPLEWHITE@NOAA.GOV

SIAD-RED

1325 EAST WEST HWY

SSMC2, 11th FLOOR

SILVER SPRING MD 20910

SIAD-RED

RECARLO APPLEWHITE

19 124

1 133

DRAFT

DO-A2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

1332KP24R0034

0001 1 KUSpace Weather Observations - Mission Operations

Services in accordance with the Performance

Work Statement (PWS) contained in Section C.

Firm-Fixed-Price (FFP) type orders

Product/Service Code: DE10

ESTIMATED Period of Performance: 02/01/2026 -

01/31/2031

0002 1 KUSpace Weather Observations - Mission Operations

Services in accordance with the Performance

Work Statement (PWS) contained in Section C.

Time-and-Materials (T&M) type orders

Product/Service Code: DE10

ESTIMATED Period of Performance: 02/01/2026 -

01/31/2031

0003 1 KUSpace Weather Observations - Mission Operations

Services in accordance with the Performance

Work Statement (PWS) contained in Section C.

Cost Reimbursement (CR) type orders

Product/Service Code: DE10

ESTIMATED Period of Performance: 02/01/2026 -

01/31/2031

0004 1 KUSpace Weather Observations - Mission Operations

Services in accordance with the Performance

Work Statement (PWS) contained in Section C.

Cost-Plus-Fixed-Fee (CPFF) type orders

Product/Service Code: DE10

ESTIMATED Period of Performance: 02/01/2026 -

01/31/2031

0005 1 KUSpace Weather Observations - Mission Operations

Services in accordance with the Performance

Work Statement (PWS) contained in Section C.

Continued...

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

Travel and Non-Material Miscellaneous Other

Direct Costs

The Contractor shall provide travel and miscellaneous other direct costs associated with the execution of SWO-MOS activities.

Product/Service Code: DE10

ESTIMATED Period of Performance: 02/01/2026 -

01/31/2031

1001 1 KUSpace Weather Observations - Mission Operations

Services in accordance with the Performance

Work Statement (PWS) contained in Section C.

Firm-Fixed-Price (FFP) type orders

Option Period 1

(Option Line Item)

Product/Service Code: DE10

ESTIMATED Period of Performance: 02/01/2031 -

01/31/2036

1002 1 KUSpace Weather Observations - Mission Operations

Services in accordance with the Performance

Work Statement (PWS) contained in Section C.

Time-and-Materials (T&M) type orders

Option Period 1

(Option Line Item)

Product/Service Code: DE10

ESTIMATED Period of Performance: 02/01/2031 -

01/31/2036

1003 1 KUSpace Weather Observations - Mission Operations

Services in accordance with the Performance

Work Statement (PWS) contained in Section C.

Cost Reimbursement (CR) type orders

Option Period 1

(Option Line Item)

Product/Service Code: DE10

Continued...

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

ESTIMATED Period of Performance: 02/01/2031 -

01/31/2036

1004 1 KUSpace Weather Observations - Mission Operations

Services in accordance with the Performance

Work Statement (PWS) contained in Section C.

Cost-Plus-Fixed-Fee (CPFF) type orders

Option Period 1

(Option Line Item)

Product/Service Code: DE10

ESTIMATED Period of Performance: 02/01/2031 -

01/31/2036

1005 1 KUSpace Weather Observations - Mission Operations

Services in accordance with the Performance

Work Statement (PWS) contained in Section C.

Travel and Non-Material Miscellaneous Other

Direct Costs

The Contractor shall provide travel and miscellaneous other direct costs associated with the execution of SWO-MOS activities.

Option Period 1

(Option Line Item)

Product/Service Code: DE10

ESTIMATED Period of Performance: 02/01/2031 -

01/31/2036

1332KP24R0034 BASE

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 K - Representations, Certifications, and Other Statements of Bidders Section L - Instructions, Conditions, and Notices to Bidders Section M - Evaluation Factors for Award

Section B - Supplies or Services/Prices

B.1 General

Space Weather Observations - Mission Operations Services (SWO-MOS) is a single-award, Indefinite- Delivery Indefinite-Quantity (IDIQ) contract to provide a multi-mission operations service architecture to support all Space Weather Next (SW Next) space weather environmental observations.

Individual supplies and service requirements under the subject contract shall be further defined at the task order level.

The SW Next program is dedicated to advancing space-based space weather observations for improved prediction capability.

The North American Industry Classification System (NAICS) code associated with this contract is 541512

– Computer System Design Services.

B.2 Ordering Period

The ordering period for the SWO-MOS IDIQ overall is expected to be ten years from [TBD] through [TBD], i.e. consisting of a five-year base ordering period plus a five-year option ordering period, for a total of 10 years. This is not a multi-year contract as defined in Federal Acquisition Regulation (FAR) Part 17.103, however Task Orders may be issued on a multi-year basis and will be defined as such within that order.

B.3 Task Order Pricing

The Task Order Contracting Officer (TO CO) has the authority and responsibility to determine cost or price reasonableness for task order requirements.

Some task orders may require services that do not correspond to the labor categories included in the IDIQ. Accordingly, if permitted by the task order solicitation, the Contractor may propose appropriate labor categories and labor rates necessary to meet the requirements of the solicitation despite them not being included in the IDIQ as awarded.

The TO CO will establish an appropriate Contract Line Item Number (CLIN) structure and identify the applicable contract type for all CLINs in each task order.

B.4 Firm-Fixed-Price Orders

Firm-Fixed-Price (FFP) orders are defined under Federal Acquisition Regulation (FAR) Subpart 16.202, Firm-Fixed-Price Contracts.

B.5 Time-and-Materials Orders

Time-and-Materials (T&M) orders are defined under FAR 16.601 and Commerce Acquisition Manual (CAM) Subpart 1316.1.

The Contractor may provide separate and/or blended loaded hourly labor rates at the task order level for Prime Contractor labor, each Subcontractor/Team Member, and/or each Division, Subsidiary, or Affiliate in accordance with the provisions set forth in FAR 52.216-29 and 52.216-30. The TO CO will identify applicable provision(s) in the task order solicitation and the Contractor shall comply with the provision(s).

As appropriate, after award, Labor Hour/Time-and-Materials (T&M) contract line item numbers (CLINs) may be converted to Firm-Fixed-Price (FFP) CLINs through mutual agreement of both parties, based on the rates (and labor categories) negotiated at the time of award.

B.6 Cost Reimbursement Orders

Cost Reimbursement (CR) orders are defined under FAR Subpart 16.3, Cost-Reimbursement Contracts.

Cost-reimbursement types of contracts provide for payment of allowable incurred costs, to the extent prescribed in the contract. These contracts establish an estimate of total cost for the purpose of obligating funds and establishing a ceiling that the contractor may not exceed (except at its own risk) without the approval of the contracting officer. The contractor shall have and maintain an accounting system that will permit timely development of all necessary cost data in the form required by the proposed contract type. The contractor may be required to submit a cost proposal with supporting information for each cost element including, but not limited to: direct labor, fringe benefits, overhead, general and administrative expenses, material handling costs, facilities capital cost of money, other direct costs, and fee consistent with their cost accounting system, provisional billing rates, and forward pricing rate agreements. The contractor shall provide the latest rate agreement from the Cognizant Federal Auditor (CFA) with any future task order proposals. The types of Cost Reimbursement Orders that may be used within Task Orders are as follows:

• Cost: As defined within FAR Subpart 16.302, a cost contract is a cost-reimbursement contract in which the contractor receives no fee.

• Cost-plus-fixed-fee (CPFF): As defined within FAR Subpart 16.306, a CPFF contract is a cost-reimbursement contract that provides for payment to the contractor of a negotiated fee that is fixed at the inception of the contract. The fixed fee does not vary with actual cost, but may be adjusted as a result of changes in the work to be performed under the contract.

B.7 Other Direct Costs

Other Direct Costs (ODCs) established on a cost-reimbursement basis, including travel costs, shall be pre-approved by the Contracting Officer Representative (COR) at the task order level and be allowable on the task order only if approved prior to the contractor incurring these costs.

B.8 Subcontractor Competition

The contractor is required to conduct subcontractor competitions for all subcontracted services and supplies/ODCs proposed in response to task order solicitations in accordance with FAR 52.244-5, Competition in Subcontracting, unless otherwise advised in writing by the TO CO.

The government reserves the right to request documentation as required in order to determine TO proposal acceptability and price reasonableness. The contractor’s task order proposals shall include documentation demonstrating the following, at a minimum, that confirms their adherence to FAR 52.244-5: 1) evidence that subcontractor competitions were conducted, or, if infeasible, rationale for why subcontractor competitions could not be conducted; 2) rationale to support subcontractor selections (e.g., copies of business clearance memorandums, price analyses, proposal ranking documentation, etc.); and 3) copies of subcontractor quotes as provided to the contractor.

The contractor is responsible for maintaining an approved purchasing system for the life of the IDIQ contract In accordance with FAR 44.3, Contractors’ Purchase System Reviews.

Section C - Description/Specifications

C.1 Base Performance Work Statement (PWS)

See Attachment 1 "SWO-MOS Base Performance Work Statement".

Section D - Packaging and Marking

D.1 Packaging

Packaging of all deliverables must conform to commercial packing standards to assure safe delivery at destination unless otherwise specified. Clauses and other requirements regarding packaging shall be designated by the CO at the task order level.

The contractor shall furnish such labor as may be necessary for packing, unpacking and placement of equipment when in the possession of the government without additional charge to the government.

Supervision of packing, unpacking and placement of the equipment shall be furnished by the contractor without charge to the government.

D.2 Marking

All deliverables required under this contract shall be marked in accordance with government specifications, and, at a minimum, shall be marked with the contract number and contractor name.

Specific marking requirements may be addressed in individual task orders.

Section E - Inspection and Acceptance

FAR 52.246-2 Inspection of Supplies - Fixed-Price. (AUG 1996)

FAR 52.246-3 Inspection of Supplies - Cost-Reimbursement. (MAY 2001)

FAR 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

FAR 52.246-5 Inspection of Services - Cost-Reimbursement. (APR 1984)

FAR 52.246-6 Inspection - Time-and-Material and Labor-Hour. (MAY 2001)

FAR 52.246-16 Responsibility for Supplies. (APR 1984)

E.1 Inspection and Acceptance

Inspection and acceptance of all work and services performed under each task order will be in accordance with the FAR clauses incorporated at Section E, Clauses Incorporated by Reference, as applicable.

Final acceptance of all deliverables and/or services performed as specified under each task order will be made in writing, at destination, by the COR or as detailed in individual task orders.

FAR 52.246-11 Higher-Level Contract Quality Requirement. (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

TBD

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require-

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

(End of clause)

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 this/these address(es):

https://www.acquisition.gov/far/ https://www.acquisition.gov/car

(End of clause)

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:

Specified in each individual Task Order.

(End of clause)

Section F - Deliveries or Performance

FAR 52.242-15 Stop-Work Order. (AUG 1989)

FAR 52.242-15 Stop-Work Order. (AUG 1989) - Alternate I (APR 1984)

FAR 52.242-17 Government Delay of Work. (APR 1984)

FAR 52.247-35 F.o.b. Destination, Within Consignee's Premises. (APR 1984)

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 Notice to the Government of Delays

The contractor shall immediately notify the Contracting Officer and the COR appointed to the task order, in writing, 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. This notification shall give pertinent details, but this data shall be informational only; this term shall not be construed as a waiver by the government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

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

(a) The base period of performance of this contract is from February 1, 2026 through January 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:

Option Period 1: February 1, 2031 through January 31, 2036

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

(End of clause)

NOAA Acquisition Manual 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005)

The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

Item Description Quantity Due Date Deliver to Reference

TBD

All deliverables, including administrative deliverables required during the period of performance of this contract, shall be in accordance with the terms and conditions of the respective task order.

(End of solicitation and contract language)

Section G - Contract Administration Data

G.1 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®.

G.2 Task Order Contracting Officer's Representitive (TO COR)

The TO Contracting Officer (TO CO) shall designate TO CORs for individual task orders who will be responsible for the day-to-day coordination of task orders. The TO COR will represent the TO CO 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 Contracting Officer or the government. For example, 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 TO CO.

G.3 Interrelationships of Contractors

Department of Commerce (DOC), 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, DOC, 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 Contracting Officer and/or designated representative in providing suitable, non-conflicting technical and/or management interfaces and in avoidance of duplication of effort.

G.4 Authorization of Government Paid Travel

Travel may be necessary in order to accomplish certain task orders issued under the SWO-MOS IDIQ contract. Any travel under individual task orders must be deemed necessary and authorized by the TO COR prior to the date of travel in order to be paid for by the government. The contractor will be reimbursed for transportation expenses in accordance with procedures established in the Federal Travel Regulations (FTR). No profit or indirect costs shall be added to costs incurred for travel.

Only in exceptional circumstances will travel be reimbursed at more than applicable rates cited in the Federal Travel Regulations, prescribed by the General Services Administration, for travel in the United States or the Standardized Regulations (Government Civilians, Foreign Areas), Section 925, “Maximum Travel Per Diem Allowances for Foreign Areas,” prescribed by the Department of State, for travel in areas not covered above.

G.5 Accounting System Requirement

The contractor's accounting system shall be deemed adequate or approved by the Defense Contract Audit Agency (DCAA), the Cognizant Federal Agency (CFA), or the CFA Official (CFAO) for the life of this contract to support the use of cost type contracts at the task order level.

G.6 Purchasing System Requirement

The contractor shall maintain an approved contractor purchasing system (CPS) throughout the period of performance of this IDIQ contract in accordance with FAR 44.3. Additionally, the CPS shall support subcontractor competitions at the task order level.

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

(End of clause)

CAR 1352.201-72 Contracting Officer's Representative (COR). (APR 2010)

(a) To be designated at time of 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:

To be designated at time of award

Phone Number: To be designated at time of award

E-mail: To be designated at time of award

(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)

CAR 1352.237-74 Progress reports. (APR 2010)

The contractor shall submit, to the Government, a progress report -i.e. Project Management Status Review (PMSR) data package at the monthly scheduled PMSR during the period of performance. The contractor shall deliver progress reports that summarize the work completed during the performance period, the work forecast for the following period, and state the names, titles and number of hours expended for each of the contractor's professional personnel assigned to the contract, including officials of the contractor. The report shall also include any additional information-including findings and recommendations-that may assist the Government in evaluating progress under this contract. The first report shall include a detailed work outline of the project and the contractor's planned phasing of work by reporting period.

(End of clause)

CAR 1352.245-70 Government furnished property. (APR 2010)

The Government will provide the following item(s) of Government property to the contractor . The contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of the "Government Property" clause included in this contract.

The Government Furnished Property list for this IDIQ is included as Attachment J.X within Section J (Additional Government Furnished Property may be listed via Task Order).

Section H - Special Contract Requirements

FAR 52.234-4 Earned Value Management System. (NOV 2016)

CAR 1352.208-70 Restrictions on printing and duplicating. (APR 2010)

CAR 1352.209-71 Limitation of future contracting. (APR 2010)

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 1352.227-70 Rights in data, assignment of copyright. (APR 2010)

CAR 1352.228-71 Deductibles under required insurance coverage-cost reimbursement. (APR 2010)

CAR 1352.228-72 Deductibles under required insurance coverage-fixed price. (APR 2010)

CAR 1352.228-76 Approval of group insurance plans. (APR 2010)

CAR 1352.231-71 Duplication of effort. (APR 2010)

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

CAR 1352.239-70 Software license addendum. (APR 2010)

H.1 Supply Chain Risk Assessment

Supply Chain Risk Assessment (SCRA)

NOAA’s CIO determined this acquisition is subject to a “Supply Chain Risk Assessment” (SCRA) IAW Dept.

of Commerce (DOC) Procurement Memorandum (PM) 2015-08 that provides Department-wide direction to DOC Contracting Officers and Purchase Card Holders to implement the supply chain risk assessment requirements for the acquisition of new FIPS-199 moderate-impact and high-impact information systems set forth in Section 515 of the Consolidated and Further Continuing Appropriations Act, 2015, and conforms with DOC's Commerce Information Technology Requirement (CITR) CITR0231 Pre- Acquisition Supply Chain Risk Management Assessment requirements. A SCRA is the process by which DOC’s Office of Security (OSY) conducts a review of the proposed information system (including equipment and/or software that make up the information system) for risk of cyberespionage or sabotage and an analysis of the presumptive awardee(s) against available and relevant threat information in order to determine whether award to the presumptive awardee(s) is in the national interest of the United States.

Therefore the Government has included the following required Section H terms and conditions in the solicitation as well as will include in the anticipated resulting contract.

Mitigating Supply Chain Risk

The Department of Commerce (DOC) utilizes a Supply Chain Risk Management (SCRM) Program to identify, assess, and monitor supply chain risks of critical vendors. The Government may use any information, public and non-public, including all-source intelligence for its analysis. The Contractor agrees that the Government may, at its own discretion, perform audits of supply chain risk processes or events consistent with other terms in the contract regarding access to records and audits. An onsite assessment may be required. Through the information obtained from a SCRM program, DOC may assess vendors and products through multiple risk lenses such as national security, cybersecurity, compliance, and finance. If supply chain risks are identified and corrective action becomes necessary, mutually agreeable corrective actions will be sought based upon specific identified risks. Failure to resolve any identified risk may result in contract termination.

Notice of Supply Chain Risk Assessment (February 2025)

The Department of Commerce (Department) will review the supply chain and conduct risk assessments for this acquisition. Offerors and awardees shall provide any information the Department deems necessary to facilitate its Supply Chain Risk Assessment (SCRA). By submitting its proposal, the offeror acknowledges the Department may reject any offer without recourse or explanation if the Department determines the proposal presents an unacceptable risk.

(End of clause)

Non-Destructing and Destructive Testing (February 2025)

The Department of Commerce (Department) may engage in non-destructive and/or destructive testing of any Information Technology, equipment and software to determine whether it has the potential to negatively affect the security or performance of a Department information system.

(End of clause)

Novation Agreement for Acquiring Certain Information Technology (February 2025)

(1) "Novation agreement" means a legal instrument-(a) Executed by the--(i) Contractor (transferor); (ii) Successor in interest (transferee); and (iii) Government; and (b) By which, among other things, the transferor guarantees performance of the contract, the transferee assumes all obligations under the contract, and the Government recognizes the transfer of the contract and related assets. (FAR 2.101 - Definitions).

(2) The Department may in its interest recognize a successor in interest. The offeror and or subsequent awardee(s) agree as a condition of this contract, that any novation considered and recognized by the Department shall be subject to SCRA requirements, including "Notice of Supply Chain Risk Assessment (February 2025)," "Non-Destructive and Destructive Testing (February 2025)," "Supply Chain Risk Assessment Information (February 2025)," and "Evaluation of Supply Chain Risk Assessment Information (Sept 2015)."

H.2 Observance of Legal Holidays and Excused Absense

(a) The government hereby provides notification that government personnel observe the following listed days as holidays:

(1) New Year's Day;

(2) Martin Luther King's Birthday;

(3) President’s Day;

(4) Memorial Day;

(5) Juneteenth;

(6) Independence Day;

(7) Labor Day;

(8) Columbus Day;

(9) Veterans' Day;

(10) Thanksgiving Day; and

(11) Christmas Day.

(b) The government observes the following days in addition to the days designated as holidays:

(1) Any other day designated by Federal Statute;

(2) Any other day designated by Executive Order; and

(3) Any other day designated by the President’s Proclamation.

(c) When any such day falls on a Saturday, the preceding Friday is observed. When any such day falls on a Sunday, the following Monday is observed. Observance of such days by government personnel shall not be cause for an extension to the delivery schedule or period of performance; adjustment to the price, estimated cost, or fee(s), if any; or entitlement of compensation except as set forth in the contract.

(d) Contractor personnel shall not perform work on-site under this contract on the holidays set forth above unless authorized by the government. If the contractor’s personnel are authorized by the government to work during the holiday at a government site or off-site on government holidays listed above that do not coincide with the contractor’s holidays they may be reimbursed by the contractor provided that the contractor does not need interaction with government personnel and does not need to use unavailable government systems. However, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

(e) When the government grants an excused absence to its employees (e.g., administrative leave) the contractor agrees to continue to provide sufficient personnel at a government site to perform critical tasks already in operation or scheduled and shall be guided by the instructions issued by the TO CO or TO COR. If the government site is being closed on-site contractor personnel will also be dismissed.

(f) The contractor will direct its staff as necessary to take actions such as reporting to its own site(s) or taking appropriate leave consistent with its policies in each instance when the site is closed to contractor personnel as a result of inclement weather, potentially hazardous conditions, explosions, or other special circumstances. The cost of salaries and wages to the contractor for the period of any such site closure shall be a reimbursable item of direct cost under the contract for employees whose regular time is normally a direct charge if they continue to perform on contract work; otherwise, the costs are reimbursable as indirect costs in accordance with the contractor's established accounting policy.

(g) If government personnel are furloughed, the contractor shall contact the TO CO 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:

(1) 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.

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

(h) In those situations that government personnel are furloughed, the contractor may not invoice for their employees working during the government furlough, until such time as any special legislation affecting government personnel is signed into law.

(i) 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.3 Standard of Conduct at Government Facilities

The contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, attendance, accessibility, and integrity. The contractor shall also be responsible for taking such disciplinary action with respect to its employees as necessary.

H.4 Advertisements, Publicizing Awards, and News Releases

The contractor, or anyone acting on behalf of the contractor, shall not, under no circumstances, refer to the supplies, services, or equipment furnished pursuant to the provisions of the subject contract in any publicity/news release or commercial advertising without first obtaining explicit written consent to do so from the subject contract's Contracting Officer. The contractor shall also obtain the written consent of the TO CO for task orders awarded under the subject contract.

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 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.5 Contractor Employees' Identification

The rights of ingress and egress to and from any government office for contractor personnel shall be made available as deemed necessary by the government during performance of the SWO-MOS contract.

Contractor employees working on-site at government facilities must identify themselves as contractors when their status is not clear (e.g., in meetings, when answering government telephones, in e-mail messages, etc.) and always display the government-issued Common Access Card (CAC) in plain view above the waist. Additionally, corporate identification badges may be worn on outer garments;

obtaining a corporate identification badge is the sole responsibility of the contractor. The contractor is responsible, working with the cognizant SWO Federal Trusted Agent (TA), for completing all applicable paperwork necessary to obtain the appropriate security clearance from NOAA security and applying for a CAC for facility access and computer login. Contractor employees presenting at scientific meetings or conferences, or publishing papers, shall clearly state their affiliation as the contractor company, supporting NOAA/NESDIS/SWO to avoid misrepresentation. All prescribed information shall immediately be delivered to the appropriate government Security Office for cancellation or disposition upon the termination of employment of any contractor personnel. All on-site contractor personnel shall abide by security regulations applicable to that site.

H.6 Incorporation of Subcontracting Plan

The Government determined the [insert Contractor name at time of award] subcontracting plan dated [insert date at time of award], submitted in response to the solicitation and in accordance with FAR 52.219-9, Small Business Subcontracting Plan, acceptable and incorporated herein.

H.7 Notification Requirements Under T&M and Cost Reimbursement Contracts

Contractor notification requirements for FAR Clause 52.232-20(b), Limitation of Cost, FAR Clause 52.232- 22 (c), Limitation of Funds, for Cost Reimbursement Task Orders, and FAR Clause 52.232-7(d), Payments under Time and Materials and Labor-Hours, for T&M Task Orders (clauses are in Section I by reference), shall only be accomplished by separate correspondence directed to the TO CO with copies to the TO COR. Neither any other form of “notification” (e.g., mention in any type of monthly progress or status report), nor notification to any individual other than the TO CO, will constitute compliance with this requirement.

H.8 Contract Performance During A Pandemic

This contract is mission critical. There may be a need for contract performance to continue when there is a pandemic. NOAA anticipates the contractor will continue to maintain performance of the contract at a modified performance level throughout the duration of an event, or until such time as NOAA, in its discretion, determines the modified performance level to be necessary, whichever is later. Performance at a modified performance level shall not commence until the contractor receives "Notice to Proceed" from an authorized Government Contracting Officer (CO). Additionally, NOAA will require a contingency plan for operations at the modified performance level be provided by the contractor and incorporated into the contract. NOAA will consider failure of the contractor to maintain the modified performance level to constitute a breach of the contract and shall entitle NOAA to immediately pursue any and all remedies to redress the contractor's contract breach.

H.9 Defense Priorities & Allocations System (DPAS)

This is a DO-A2 rated order certified for national defense use, and the contractor is required to follow all the provisions of the Defense Priorities and Allocations System regulation (15 C.F.R. part 700).

CAR 1352.216-70 Estimated and allowable costs. (APR 2010)

(This clause will be filled in at the Task Order level when Cost Reimbursable is the appropriate contract type.)

(a) Estimated Costs. The estimated cost of this contract is $[insert total cost of contract], which consists of $[insert amount of cost that is reimbursable] for reimbursable costs and $[insert amount of fixed fee] for fixed/incentive fee. These costs shall be subject to the provisions of FAR clause 52.232-20, "Limitation of Cost," FAR clause 52.216-7, "Allowable Cost and Payments," and FAR clause 52.216-8, "Fixed Fee."

(b) Subject to Availability of Funds [Insert paragraph (b) when the contract is issued subject to the availability of funds].

"The amount of funding for this contract is $____ [insert amount being funded], which consists of $____ [insert amount of reimbursable costs funded] for reimbursable costs and $ ____ [insert amount of fixed fee funded] for Fixed/Incentive Fee. These costs shall be subject to the provisions of FAR 52.232-22, "Limitations of Funds.""

(c) Allowable Costs.

(1) Final annual indirect cost rate(s) and the appropriate base(s) shall be established in accordance with FAR Subpart 42.7, in effect for the period covered by the indirect cost rate proposal.

(2) Until final annual indirect cost rates are established for any period, the Government shall reimburse the contractor at billing rates established by the Contracting Officer (or cognizant Federal agency official) or auditor in accordance with FAR 42.704, subject to adjustment when the final rates are established. The established billing rates are currently as follows:

[Insert billing rate]

(End of clause)

CAR 1352.216-71 Level of effort (cost-plus-fixed-fee, term contract). (APR 2010)

(a) In performance of the effort directed in this contract, the contractor shall provide the total of Direct Productive Labor Hours (DPLH) as specified in Part I, Section B during the term specified in Section [to be filled out at the Task Order level]. DPLH is defined as actual work hours exclusive of vacation, holidays, sick leave, and other absences.

(b) Only the DPLH categories indicated below shall be charged directly to the contract. It is estimated that the DPLH will be expended approximately as follows:

[Insert Labor category, Base period, Option period I, Option period II, Option period III and totals]

(c) The hours specified above are provided as estimates only. If the actual amount of hours incurred falls within 90% to 110% of this estimate, the fee shall not be adjusted.

(d) In the event that the contractor shall be required to provide less than 90% of the estimated DPLH, the fixed fee of the contract shall be equitably adjusted by unilateral modification to the contract. The fixed fee adjustment shall be based solely upon the difference between the DPLH actually provided and 90% of the estimated DPLH, calculated as follows:

Adjusted Fixed Fee = (Actual DPLH/(.9 x Estimated DPLH)) x Specified Fixed Fee

(e) In the event that the contractor shall be required to provide more than 110% of the estimated DPLH, the fixed fee of the Contract shall be equitably adjusted by unilateral modification to the Contract. The fixed fee adjustment shall be based solely upon the difference between the DPLH actually provided and 110% of the estimated DPLH, calculated as follows:

Adjusted Fixed Fee = (Actual DPLH/(1.1 x Estimated DPLH)) x Specified Fixed Fee

(f) These terms and conditions do not supersede the requirements of either FAR clause 52.232- 20 "Limitation of Cost" or FAR clause 52.232-22 "Limitation of Funds."

(End of clause)

CAR 1352.216-74 Task orders. (APR 2010)

(a) In task order contracts, all work shall be initiated only by issuance of fully executed task orders issued by the Contracting Officer. The work to be performed under these orders must be within the scope of the contract. The Government is only liable for labor hours and costs expended under the terms and conditions of this contract to the extent that a fully executed task order has been issued and covers the required work and costs. Charges for any work not authorized shall be disallowed.

(b) For each task order under the contract, the Contracting Office shall send a request for proposal to the contractor(s). The request will contain a detailed description of the tasks to be achieved, a schedule for completion of the task order, and deliverables to be provided by the contractor.

(c) The contractor shall submit a proposal defining the technical approach to be taken to complete the task order, work schedule and proposed cost/price.

(d) After any necessary negotiations, the contractor shall submit a final proposal.

(e) Task orders will be considered fully executed upon signature of the Contracting Officer. The contractor shall begin work on the task order in accordance with the effective date of the order.

(f) The contractor shall notify the Contracting Officer of any instructions or guidance given that may impact the cost, schedule or deliverables of the task order. A formal modification to the task order must be issued by the Contracting Officer before any changes can be made.

(g) Task orders may be placed during the period of performance of the contract. Labor rates applicable to hours expended in performance of an order will be the contract rates that are in effect at the time the task order is issued.

(h) If multiple awards are made by the Government, the CO shall provide each awardee a fair opportunity to be considered for each task order over the micro-purchase threshold unless one of the exceptions at FAR 16.505(b) applies.

(End of clause)

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 [ ]. The amount of all orders shall not exceed [ ].

(End of clause)

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:

Any duly appointed NOAA/Acquisition and Grants Office (AGO) Contracting Officer within the Satellite and Information Acquisition Division (SIAD), acting within the scope of their authority.

(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is [ ].

(End of clause)

CAR 1352.228-70 Insurance coverage. (APR 2010)

(a) Workers Compensation and Employer's Liability. The contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this…