REVISED_Combined_Synopsis-Solicitation_RFQ_EA-133M-18-RQ-00697.pdf

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

This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS.

The RFQ number is EA-133M-18-RQ-00697. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-98. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:

https://www.acquisition.gov/far/. The NAICS code is 562998, All Other Miscellaneous Waste Management Services, and the Small Business Standard is $7.5million. The proposed contract is Total Small Business Set- Aside. Offers from other than Small Business concerns will not be considered.

The NOAA Acquisition and Grants Office (AGO), Eastern Acquisition Division (EAD), Norfolk Office requests responses from qualified sources capable of providing the services described below in accordance with the attached Statement of Work.

This announcement will close at 12:00 PM ET on August 2, 2018. Questions pertaining to this RFQ must be submitted in writing to Contract Specialist Alex Cooper at alexander.cooper@noaa.gov no later than July 27, 2018. Telephone inquiries will not be accepted. Quotes may be submitted via email to alexander.cooper@noaa.gov by the date and time listed above. All responsible sources may submit a quote which shall be considered by the agency.

The Ordering Period shall be September 1, 2018 through August 31, 2023. Place of acceptance shall be NOAA vessels at locations across the country as highlighted in the attached Statement of Work. Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control.

Provide complete pricing for all services and all parts applicable to the attached Statement of Work.

Include and document discounted pricing on applicable parts and services. Please note the quantities reflect estimates only and are not guaranteed. Travel Pricing will be quoted at the Task Order level and billed in accordance with the Federal Travel Regulations.

CLIN Description Each Qty. Unit Price 1001 Provide and commission new

Oily Water Separator unit.

September 1, 2018 – August 31, JB 2 Fill in as applicable:

Coffin World: $____________.___

Westfalia: $____________.___

Boss: $____________.___

Other: $____________.___

1002 Provide system groom on Oily Water Separator unit.

JB 5

1003 Provide on-site technical support for Oily Water Separator unit.

Not to Exceed price to be quoted at Task Order level.

September 1, 2018 – August 31, JB TBD Hourly Labor Rate:

Overtime Labor Rate:

1004 Provide pricing for known parts and markup for additional parts.

To be procured as required.

EA TBD

Markup: ______%

1005 Provide on-site training to NOAA crew on proper use, function, and daily maintenance of Oily Water Separator unit.

JB 2

2001 Provide and commission new Oily Water Separator unit.

September 1, 2019 – August 31, 2002 Provide system groom on Oily

2003 Provide on-site technical support

Not to Exceed price to be quoted at Task Order level.

2004 Provide pricing for known parts

To be procured as required.

2005 Provide on-site training to NOAA daily maintenance of Oily Water Separator unit.

September 1, 2019 – August 31, 3001 Provide and commission new

September 1, 2020 – August 31, 3002 Provide system groom on Oily

3003 Provide on-site technical support

Not to Exceed price to be quoted at Task Order level.

3004 Provide pricing for known parts

To be procured as required.

3005 Provide on-site training to NOAA daily maintenance of Oily Water Separator unit.

4001 Provide and commission new

September 1, 2021 – August 31, 4002 Provide system groom on Oily

4003 Provide on-site technical support

Not to Exceed price to be quoted at Task Order level.

4004 Provide pricing for known parts

To be procured as required.

4005 Provide on-site training to NOAA daily maintenance of Oily Water Separator unit.

September 1, 2021 – August 31, 5001 Provide and commission new

September 1, 2022 – August 31, 5002 Provide system groom on Oily

5003 Provide on-site technical support

Not to Exceed price to be quoted at Task Order level.

5004 Provide pricing for known parts

To be procured as required.

5005 Provide on-site training to NOAA daily maintenance of Oily Water Separator unit.

September 1, 2022 – August 31, Item 593 Oily Water Separator System Support

1. Objective

1.1 Procure and commission new oily water separators on ships to be determined

1.2 Provide services to groom and service existing(and new once installed) oily water separators

1.3 Provide spare parts for new and existing oily water separators

1.4 Provide crew training for new and existing units

2. Background

2.1 The National Oceanic and Atmospheric Administration (NOAA) operates a fleet of 16 research vessels that supports research and mapping for the National Fisheries Service, National Ocean Service, Office of Atmospheric Research and the National Weather Service, as well as provides support to other Federal agencies. These research missions are time sensitive and therefore the data must be collected at specific times during the sailing season to be meaningful. At the end of each sailing season the vessels enter a repair period (drydock or dockside) to address repairs that have been previously identified, perform upgrades to mission systems or ship systems that either extend the life of the ship or provide new data collection capabilities or for safer operations of ships systems as well as address any emergent work that would adversely affect the ships ability to safely perform its mission on schedule, while meeting all regulatory body requirements (American Bureau of Shipping and United States Coast Guard) and all habitability requirements, including any that may be required as a result of contracts for personnel to augment ship staff.

2.2 NOAA operates a fleet of 16 ships throughout U.S. ports and occasionally in foreign ports .

Each ship is required to process oily water. The fleet has five different makes and models of oily water separators currently in service. Of the units that are currently in operation we have two categories: older units that require replacement and supportable units that require service, parts, and training. The intent of this effort is to select and provide a common new system as required and to provide service, parts, and training on the systems that are operating in the NOAA fleet.

3. References

3.1 To be provided upon request

4. Government Furnished Material

4.1 None

5. Requirements

Contractor shall provide all labor, materials, equipment, services, disposal costs, and misc.

related items necessary to perform the work specified. All materials and work performed shall comply with all ABS, USCG, and MEPC 107(49) requirements. Work may be performed on board any NOAA ship; the home port for each ship is listed below. Performance typically occurs at a ship’s homeport; however, performance may occur at a Contractor’s location or at a facility other than the ships’ homeports in some instances.

• 2 vessels in Newport, Rhode Island (Okeanos Explorer, Henry Bigelow)

• 2 vessels in Norfolk, Virginia (Thomas Jefferson, Ferdinand Hassler)

• 2 vessels in Charleston, South Carolina (Ronald Brown, Nancy Foster)

• 3 vessels in Pascagoula, Mississippi (Oregon II, Gordon Gunter, Pisces)

• 1 vessel in San Diego, California (Reuben Lasker)

• 2 vessels in Newport, Oregon (Rainier, Bell Shimada)

• 1 vessel in Kodiak Island, Alaska (Oscar Dyson)**

• 1 vessel in Ketchikan, Alaska (Fairweather)**

• 2 vessels in Pearl Harbor, Hawaii (Hi’ialakai, Oscar Sette)

**The Fairweather and Oscar Dyson are located in Newport, OR during the winter overhaul period (typically between the months of October and February. Dates are approximate and may change year to year depending on the vessels mission requirements).

5.1 New oily water system

5.1.1 Contractor to provide technical manuals/details, regulatory certifications, anticipated life cycle cost, recommended spare parts, estimated time to unit end of life, and pricing on new oily water system(s), support components (filters, settling tanks, heaters, etc), commissioning, and spare parts.

5.1.2 The intent is to provide a common system to the fleet, however it is possible that more than one system will be required to meet space, weight, capacity, environmental requirements.

5.1.3 Units will be selected based on technical details, commonality, space, weight, capacity, and life cycle cost. Note systems current in use in the fleet below.

5.1.4 Currently the intent is to replace units on the GORDON GUNTER and OSCAR DYSON.

However based on time constraints, requirements, and events the number of new units may increase or decrease.

5.2 Support of existing systems (including newly installed units)

5.2.1 Contractor shall develop and provide a checklist/procedure for standard system ‘groom’.

The intent is that ‘groom’ would be performed by a service technician on an annual/bi-annual basis with the intent of ensuring proper function and operation of the system. The groom will generally occur prior to ABS, USCG or NOAA Fleet inspection.

5.2.2 Contractor will coordinate with ships force during groom, and to the extent it is within the intended groom timeline and scope, support the vessel in making the unit operational.

5.2.3 System grooms generally would occur at vessel homeports but may occur outside of homeport.

5.2.4 Contractor shall have capability to provide service support for all new systems procured.

5.2.5 Contractor shall describe capability to provide service support for existing systems in NOAA.

(The intent is for service to be from in house resources, however if a subcontractor is required please identify this.) Fleet OWS units listed below

5.2.5.1 Boss 2.2T – BELL M. SHIMADA, NANCY FOSTER, OSCAR SETTE, OKEANUS EXPLORER, OREGON 2, THOMAS JEFFERSON, HILIALIKAI

5.2.5.2 Coffin World Heli-Sep (planned replacement) – OSCAR DYSON

5.2.5.3 Coffin World Ultra-Sep (500 and 1000 units) –PISCES, REUBEN LASKER, RON BROWN, FAIRWEATHER, FERDINAND HASSLER

5.2.5.4 Sigma Treatment S2-10-A-1 (planned replacement) – GORDON GUNTER

5.2.5.5 GEA Westfalia - centrifugal – HENRY BIGELOW

5.2.5.6 Peco Facet CPS 3.2E- FAIRWEATHER

5.3 Emergent/Technical Support

5.3.1 Contractor shall describe capability to provide onsite emergent support/service call to any port within the continental U.S.

5.3.2 If additional effort beyond a standard groom 1.5.2 is required to make the system operational the technician will have the ability to provide required support.

5.3.3 Have ability to provide upgrade or modernization of existing units.

5.3.4 Describe any capability to support installation of new systems. (i.e. commissioning, etc)

5.4 Parts

5.4.1 Contractor to provide price list or standard mark up of recommended spare parts for units currently in operation in the fleet, and new units that are available via 5.2.5

5.4.2 The intent of 5.4 is to have access to any spare part or component available to support the oily water system (filters, assemblies, valves, pumps, etc). Describe how pricing on components not identified as recommended spares will be handled.

5.5 Training

5.5.1 Contractor to provide onsite training on systems installed in the NOAA fleet. The intent of the training is to demonstrate to crews best practices when oily water separator is being operated.

6. Quality Assurance

6.1 New system meet all regulatory requirements at commissioning

6.2 Provide technical service report of newly installed products.

6.3 Grooms performed on existing systems shall have a detailed checklist/procedure with a report detailing current system status and any recommendations.

6.4 List of OEM parts for systems that are operating in NOAA fleet.

7. Notes

7.1 None

END OF ITEM

END OF ITEM

The following FAR provision and clauses are applicable to this procurement:

FAR CONTRACT CLAUSES

(1) FAR 52.202-1 Definitions (Nov 2013)

(2) FAR 52.203-5 Covenant Against Contingent Fees (May 2014)

(3) FAR 52.203-7 Anti-Kickback Procedures (May 2014)

(4) FAR 52.203-17 – Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (Apr 2014)

(5) FAR 52.204-13, System for Award Management Maintenance (Jul 2013)

(6) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

(7) 52.212-1 Instructions to Offerors - Commercial Items [list any addenda to the provision];

(8) FAR 52.212-4 – Contract Terms and Conditions – Commercial Items. (Jan 2017) (9)FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items (Jan 2018), Section b, (1), (4), (8), (9), (14), (16), (22), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (42), (49), (55),

(11) FAR 52.232-39 – Unenforceability of Unauthorized Obligations. (Jun 2013)

(12) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

(13) FAR 52.233-3 Protest After Award (Aug 1996)

(14) FAR 52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004)

(15) FAR 52.244-6 Subcontracts for Commercial Items (Jan 2017)

(16) FAR 52.245-1 Government Property (Jan 2017)

(17) FAR 52.245-9 Use and Charges (APR 2012)

(18) FAR 52.246-2 Inspection of Supplies —Fixed-Price. (Aug 1996)

(19) FAR 52.246-16 Responsibility for Supplies (Apr 1984)

(20) FAR 52.246-4 Inspection of Services – Fixed Price (Aug 1996)

(21) FAR 52.247-34 F.O.B. Destination (Nov 1991)

(22) FAR 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-02)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

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

(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

(End of clause)

CAR CONTRACT CLAUSES

(1) CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

(2) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(3) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(4) CAR 1352.216-74 Task Orders (Apr 2010)

(5) CAR 1352.216-76 Placement of Orders (Apr 2010)

(6) CAR 1352.237-73 Foreign National Visitor and Guest Access to Departmental Resources (Apr 2010)

(7) CAR 1352.271-70 INSPECTION AND MANNER OF DOING WORK (APR 2010)

(8) CAR 1352.271-72 ADDITIONAL ITEM REQUIREMENTS (AIR)—GROWTH WORK (APR 2010)

(9) CAR 1352.271-73 SCHEDULE OF WORK (APR 2010)

(10) CAR 1352.271-77 DELAYS (APR 2010)

(11) CAR 1352.271-78 MINIMIZATION OF DELAY DUE TO GOVERNMENT FURNISHED

PROPERTY (APR 2010)

(12) CAR 1352.271-79 LIABILITY AND INSURANCE (APR 2010)

(13) CAR 1352.271-80 TITLE (APR 2010)

(14) CAR 1352.271-81 DISCHARGE OF LEINS (APR 2010)

(15) CAR 1352.271-83 GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND APPROVAL

(APR 2010)

(16) CAR 1352.271-84 ACCESS TO THE VESSEL (APR 2010)

(17) CAR 1352.271-85 DOCUMENTATION FOR REQUESTS OF EQUITABLE ADJUSTMENT (APR

2010)

(18) CAR 1352.271-87 CHANGES – SHIP REPAIR (APR 2010)

(19) CAR 1352.201-72 Contracting Officer’s Representative (COR) (Apr 2010)

(a) (TBD) 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:

(TBD)

(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)

(20) 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 $2,500.00. The amount of all orders shall not exceed $(TBD). (End of Clause)

(21) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

Work may take place in Newport, RI; Norfolk, VA; Charleston, SC; Pascagoula, MS; San Diego, CA;

Newport, OR; Seattle, WA; or other locations as required. (End of clause)

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

The period of performance for this IDIQ shall include five one-year Ordering Periods. The period of performance shall be sixty months from the date of award.

(23) CAR 1352.271-88 GUARANTEES (APR 2010)

(a) In the event any work performed or materials furnished by the contractor under this contract prove defective or deficient within 90 days from the date of redelivery of the vessel, the contractor, as directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer.

(b) The Government shall be entitled to rely upon any guarantee secured by the contractor or any sub-contractor covering work done or materials furnished which exceeds the 90 day period until its expiration.

(c) With respect to any individual work item identified and listed as incomplete at the redelivery of the vessel, the guarantee period shall run from the date of completion of such item.

(d) If and when practicable, the Government shall afford the contractor an opportunity to effect such corrections and repairs.

(1) If the Contracting Officer determines it is impracticable or is otherwise not advisable to return the vessel to the contractor, or the contractor fails to proceed promptly with any such repairs as directed by the Contracting Officer, the Contracting Officer may direct that the repairs be performed elsewhere, at the contractor's expense.

(2) Where corrections and repairs are to be made by other than the contractor due to nonreturn of the vessel to the contractor, the contractor's liability may be discharged by an equitable deduction in the price of the contract.

(e) The contractor's liability shall only extend for an additional 90 day guarantee period on those defects or deficiencies which it corrected. However, this clause does not limit the responsibility or relieve the liability of the contractor under the Liability and Insurance clause.

(f) At the Contracting Officer's option, defects and deficiencies may be left in their uncorrected condition.

In that event, the contractor and the Contracting Officer shall agree on an equitable deduction in the contract price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this contract.

(g) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract. If a defect or deficiency that exists at the time of redelivery of the vessel was not discovered by a reasonable inspection and is discovered after the expiration of the time frame stated in this clause, it is not subject to the time limitations stated in this clause. (End of clause)

NOAA ACQUISITION MANUAL (NAM) CLAUSES

(1) NAM 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:

(1) Included in NOAA’s locator, and

(2) 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)

(2) NAM 1330-52.242.70 SUBMITTAL OF INVOICES

The Contractor shall prepare and submit an invoice to the COR for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.

To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies.

If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice. (End of clause)

(3) NAM 1330-52.270-304NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN

a. The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:

1. Allow contractors to better prepare for and propose on business opportunities.

2. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from.

3. Identify constraints in transparency and process.

b. The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA.

c. Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution.

However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer’s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.

d. There are several constraints to the scope of the AGO Ombudsman’s authority, for instance:

1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.).

2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.

3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.

4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.

5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.

6. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the U.S. Government.

7. The AGO Ombudsman is not NOAA’s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity).

e. After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.

f. The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.

g. Questions regarding this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov. (End of Clause)

FAR PROVISIONS

(1) FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(2) FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(3) FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(4)FAR 52.209-2 – PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS – REPRESENTATION (NOV 2015)

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

(7) U.S. DEPARTMENT OF COMMERCE (DOC) PROVISION ENTITLED “REPRESENTATION

BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2015)” is incorporated herein in full text, as follows:

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that-

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

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) The Offeror represents that, as of the date of this offer -

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

(b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of Provision)

(8) FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN

2017)

1) Inquiries - Inquiries and all correspondence concerning this solicitation document should be submitted in writing to Alexander Cooper at alexander.cooper@noaa.gov by 12:00 PM EST on June 8, 2018. The Government is not required to provide responses to vendor’s inquiries or correspondence. Telephone inquiries will not be honored.

2) Quote Preparation

The following instructions apply for the submission of quotes:

a. Quotes shall be submitted in three separate volumes:

Volume I – Technical Volume II – Past Performance Volume III - Price

b. The technical volume shall not contain any reference to price. It is incumbent upon the vendor to provide a technical volume in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the technical requirements of the Request for Quote (RFQ).

c. The Government will evaluate quotes in accordance with the evaluation criteria set forth in FAR 52.212-2 of this RFQ.

3) Quote Instructions

a. Technical: Each vendor shall submit a technical submission that contains the following information:

i. Capability Statement (10 Page Limit) – Vendor shall describe its ability to adhere to the required delivery requirements as well as its capability to meet all the specifications of this requirement. To this end, the Technical Capability statement should be sufficiently specific, detailed and complete so as to clearly and fully demonstrate that the offeror has a thorough understanding of the requirements;

b. Past Performance:

Past performance will be used as a means of evaluating the relative capability of the vendor to successfully meet the requirements of this solicitation. Vendors are required to provide information on no more than five (5) of the firm’s most recently completed contracts/orders (not to exceed five (5) years since completion) for like or similar work.

Vendors may submit performance data regarding current contract performance as long as a minimum of one year of performance has been completed as of the closing date of this solicitation.

Each Vendor shall submit, in writing, information on past performance. Vendors shall provide a detailed explanation demonstrating the relevance of the contract/order to the requirements of the solicitation. In addition, the vendor is required to send the attached “Past Performance Questionnaire,” to those government and commercial activities provided by the vendor’s in their submission. The information shall be completed by the references who will then forward the completed questionnaires by email to:

Alexander.cooperl@noaa.gov

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

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

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

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

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

c. Price: Pricing shall be submitted for all line items included in this solicitation. The vendor provided pricing for each CLIN will be added together to derive the overall evaluated price. Price will be evaluated for reasonableness.

(9) 52.212-2 -- Evaluation -- Commercial Items. (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

• Technical

• Past Performance

• Price

Technical Approach and Past Performance, when combined, are significantly more important than price. However, the Government will not award at significantly higher prices to only achieve slightly better performance. The Government will assess the benefits or better performance versus the added price through trade-off analysis. As non-price factors become equal-price becomes increasingly important.

(b) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

END OF SOLICITATION