Amendment_0001_MDCRS_RFQ.pdf

U.S. Department of Commerce National Oceanic and Atmospheric Administration

Eastern Acquisition Division 200 Granby Street, Suite 815

Norfolk, VA 23510

REQUEST FOR QUOTE

EA-133W-17-RQ-0073

Aircraft Observations

June 16, 2017 http://www.noaa.gov/

SECTION A – SF 1449

EA-133W-RQ-16-0168 2

Water Vapor Sensor Data

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

QUOTER TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

NWWH0000-17-00073

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

EA133W-17-RQ-0073

6. SOLICITATION

ISSUE DATE

June 1, 2017

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Jonathan Sayoc

b. TELEPHONE NUMBER (no collect calls)

(757) 441-3824

8. OFFER DUE DATE/

LOCAL TIME

June 29, 2017

1:00 PM EST

9. ISSUED BY CODE AJ930073

National Oceanic and Atmospheric Administration Eastern Acquisition Division 200 Granby Street, Suite 815 Norfolk, VA 23510

E-mail: Jonathan.Sayoc@noaa.gov

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 %FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN- OWNED

SMALL BUSINESS PROGRAM

HUBZONE SMALL NAICS:

BUSINESS EDWOSB 518210

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8(A) $32.5 Million

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING DO-A3

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

Determined At Award

16. ADMINISTERED BY CODE

See Block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

QUOTER CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE

Department of Commerce NOAA Finance Office, Room 1204 20020 Century Blvd Germantown, MD 20874

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 SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Reference Section E. Schedule.

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 & 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1 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 HEREIN.

29. AWARD OF CONTRACT: REFERENCE

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF QUOTER/CONTRACTOR

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

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

SECTION A – SF 1449

EA-133W-RQ-16-0168 3

Water Vapor Sensor Data

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 ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

PARTIAL FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

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

42 a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL

CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

EA-133W-RQ-16-0168 4

Water Vapor Sensor Data

Table of Contents

Section Number

Section

Page

A Invoices 5 B Clauses Incorporated by Full Text 7 C Clauses Incorporated by Reference 17 D List of Attachments 18 E Schedule of Services 19 F Instructions to Quoters 20 G Method of Evaluation 22

EA-133W-RQ-16-0168 5

A. INVOICES

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

1. Original invoices may be mailed (via U.S. Postal Service) to the designated billing office, or e-mailed, as follows:

To Be Determined Upon Award Email:

Phone:

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

NOAA/Eastern Region Acquisition Division Attn: Jonathan Sayoc 200 Granby Street, Suite 815 Norfolk, VA 23510 Email: Jonathan.Sayoc@noaa.gov

3. The designated payment office for this contract is:

Department of Commerce NOAA Finance Office, Room 1204

20020 CENTURY BLVD

GERMANTOWN, MD 20874

(b) The Contractor will submit invoices to the Contract Officer’s Technical Representative stating the amount of equipment purchases made.

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

mailto:Jonathan.Sayoc@noaa.gov

EA-133W-RQ-16-0168 6

2. NOAA Acquisition Manual (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. 01 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.

EA-133W-RQ-16-0168 7

B. Clauses Incorporated by Full Text

1. FAR 52.212-5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

XX (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

XX (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

EA-133W-RQ-16-0168 8

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

XX (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

EA-133W-RQ-16-0168 9

XX (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

EA-133W-RQ-16-0168 10

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

___ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

EA-133W-RQ-16-0168 11

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

XX (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

XX (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

EA-133W-RQ-16-0168 12

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (12) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

EA-133W-RQ-16-0168 13

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

EA-133W-RQ-16-0168 14

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

EA-133W-RQ-16-0168 15

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

2. FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a single, firm fixed price contract.

(End of Clause)

3. 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:

To be determined at the time of award

(End of Clause)

4. CAR 1352.201-72 Contracting Officer’s Technical Representative (COTR) (APR 2010)

(a) To be Determined at the 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 Determined at the time of Award Email: To be Determined at the time of Award Phone: To be Determined at the 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

EA-133W-RQ-16-0168 16

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)

5. CAR 1352.270-70 Period of performance (APR 2010) As prescribed in 48 CFR 1370.101, insert the following clause:

Period of Performance (APR 2010)

(a) The base period of performance of this contract is from September 30, 2017 through September 29 2018. If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

Period Start Date End Date

Option Period I September 30, 2018 September 29, 2019

Option Period II September 30, 2019 September 29, 2020

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

(End of clause)

6. FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation (JAN 2017)

(a) Definition. As used in this provision--

“Internal confidentiality agreement or statement”, “subcontract”, and “subcontractor”, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign 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.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P466_70131

EA-133W-RQ-16-0168 17

(Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

7. RETURN WITH QUOTE: Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)

(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 Quoter 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 Clause)

8. 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

EA-133W-RQ-16-0168 18

available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.aquisition.gov

(End of Clause)

9. FAR 52.217-8 Option To Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within sixty days prior to contract expiration.

(End of Clause)

10. FAR 52.217-9 Option To Extend the Term Of The Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 90 days of contract expiration, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 8 months

(End of Clause)

11. FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(DEC 2013)

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

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

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

(End of Clause) http://www.aquisition.gov/

EA-133W-RQ-16-0168 19

C. CLAUSES INCORPORATED BY REFERENCE

1. FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)

2. FAR 52.204-12, Data Universal Numbering System Number Maintenance (DEC 2012)

3. FAR 52.204-13, System for Award Management Maintenance (OCT 2016)

4. FAR 52.212-4, Contract Terms and Conditions – Commercial Items (JAN 2017)

5. CAR 1352.201-70, Contracting Officer’s Authority (APR 2010)

6. CAR 1352.209-73, Compliance with the Laws (APR 2010)

7. CAR 1352.209-72 Restrictions against Disclosure (APR 2010)

8. CAR 1352.209-74 Organizational Conflict of Interest (APR 2010)

9. CAR 1352.208-70 Restrictions on Printing and Duplicating (Apr 2010)

EA-133W-RQ-16-0168 20

D. List of Attachments

Attachment I – Aircraft Meteorological Data Acquisition - Statement of Work, June 1, 2017

EA-133W-RQ-16-0168 21

E. Schedule Line Item Description of services/supplies Quantity Unit Unit Price Amount 0001 Base Period

(September 30, 2017 – September 29, 2018) Meteorological Communications and Addressing System (MDCRS) (US-based Airlines) with data concentrated over the CONUS, and with limited data from US-based carriers reporting from international airspace in accordance with Aircraft Meteorological Data Acquisition Statement of Work dated June 1, 2017.

Ascent /Descent Soundings and En Route Data

12 MO

0002 Base Period (September 30, 2017 – September 29, 2018) Meteorological Communications and Addressing System (MDCRS) (US-based and non US-based Airlines) with data concentrated mostly outside the CONUS, including over oceans where MDCRS communications pathways are available in accordance with Aircraft Meteorological Data Acquisition Statement of Work dated June 1, 2017.

Ascent /Descent Soundings and En Route Data

12 MO

0003 Option Item (September 30, 2017 – September 29, 2018) Alternative Domain Surveillance data by Contract (ADS-C) in accordance with Aircraft Meteorological Data Acquisition Statement of Work dated June 1, 2017.

Data from all available airframes excluding B787 and small/non-flagged airframes.

12 MO

1001 Option Period I (September 30, 2018 – September 29, 2019) Meteorological Communications and Addressing System (MDCRS) Data in accordance with Aircraft Meteorological Data Acquisition Statement of Work dated June 1, 2017.

Ascent /Descent Soundings and En Route Data

12 MO

1002 Option Period I (September 30, 2018 – September 29, 2019) Meteorological Communications and Addressing System (MDCRS) (US-based and non US-based Airlines) with data concentrated mostly outside the CONUS, including over oceans where MDCRS communications pathways are available in accordance with Aircraft Meteorological Data Acquisition Statement of Work dated June 1, 2017.

Ascent /Descent Soundings and En Route Data

12 MO

1003 Option Item (September 30, 2018 – September 29, 2019) Alternative Domain Surveillance data by Contract (ADS-C) in accordance with Aircraft Meteorological Data Acquisition Statement of Work dated June 1, 2017.

Data from all available airframes excluding B787 and small/non-flagged airframes.

12 MO

EA-133W-RQ-16-0168 22

2001 Option Period II (September 30, 2019 – September 29, 2020) Meteorological Communications and Addressing System (MDCRS) Data in accordance with Aircraft Meteorological Data Acquisition Statement of Work dated June 1, 2017.

Ascent /Descent Soundings and En Route Data

12 MO

2002 Option Period II (September 30, 2019 – September 29, 2020) Meteorological Communications and Addressing System (MDCRS) (US-based and non US-based Airlines) with data concentrated mostly outside the CONUS, including over oceans where MDCRS communications pathways are available in accordance with Aircraft Meteorological Data Acquisition Statement of Work dated June 1, 2017.

Ascent /Descent Soundings and En Route Data

12 MO

2003 Option Item (September 30, 2019 – September 29, 2020) Alternative Domain Surveillance data by Contract (ADS-C) in accordance with Aircraft Meteorological Data Acquisition Statement of Work dated June 1, 2017.

Data from all available airframes excluding B787 and small/non-flagged airframes.

12 MO

F. Instructions to Quoters

1. GENERAL INSTRUCTIONS

This Request for Quote (RFQ) is for a Firm Fixed Price contract award. The quote shall be comprehensive, meeting all NWS standards and specifications. Upon receipt, all quotes become government property.

Quotes shall be submitted in electronic format to:

Jonathan.Sayoc@noaa.gov Contract Specialist

Hard copies will not be accepted.

Quotes are due by June 29, 2017 at 1:00 p.m. Eastern Standard Time (EST). Quotes shall be valid for 120 calendar days unless otherwise stipulated by the Quoter.

Use separate files to permit rapid location of all portions of the quote, including attachments, if any. If files are compressed, the necessary decompression program must be included. The Quoter shall use

EA-133W-RQ-16-0168 23

“vendor name_volume number_RFQ number” as the file naming scheme, for example “ComputerKing_Volume 1TechnicalApproach_ EA-133W-15-RQ-1059”

In response to this request, the Quoter shall prepare a detailed quote for meeting all stated requirements and comply with the following limitations and characteristics:

• Do not include marketing materials

• Margins (Top, Bottom, Right and Left) no smaller than 1" (headers and footers are allowed in the margins)

• Times New Roman 11 font shall be used. The use of smaller fonts is permissible in tables.

• Quotes shall be submitted in a format readable by Microsoft (MS) Word 2010, MS Excel 2010, or in text searchable PDF format, as applicable.

• Quotes shall be limited as indicated in the table in Section 3.A. of this Section F. Pages in excess of a volume page limit will not be evaluated. A “page” is defined as a single side of printed material. The page count does not include the table of contents, cover page, description of acronyms, and indexes. Section dividers shall not count against the page limit unless they contain quote material printed on them.

2. COMMUNICATIONS AND QUESTIONS

Communications shall be conducted electronically through e-mail to Jonathan.Sayoc@noaa.gov. Any prospective Quoter desiring an explanation or interpretation of the requirement must request it via e-mail.

When submitting questions, Quoters are requested to group their questions by RFQ section, and provide them in the same order found in the RFQ.

The due date for communications and questions concerning the RFQ is June 19, 2017 at 3:00 pm EST. Questions received and requests by an Quoter for an extension may not be considered after the cut-off date. Any information given to a prospective Quoter concerning this requirement will be furnished at the same time to other prospective Quoters, if that information is necessary in submitting quotes, or if lack of it would be prejudicial to other prospective Quoters.

3. QUOTE ORGANIZATION

Quote materials shall be organized in two (2) volumes: Volume 1: Technical Approach and Volume 2:

Price Quote. The Volumes are outlined in the table below. Each quote shall provide all price information they submit only in the Price Section. The Technical Approach Volume shall not contain any price information. The Quoter’s quote shall be predicated upon all the terms and conditions of this RFQ. To be acceptable, the quote shall meet all of the requirements set forth herein and in the Statement of Work (SOW). Failure to follow instructions regarding the format content of the quote may result in the quote not being considered for award. Pages beyond the page limit constraints may not be considered during evaluations.

A. Quote Organization

Volume/Instructions Page Limit

Volume 1: Technical - Volume 1 is comprised of two sections, the Quoter’s technical approach and description of their corporate experience.

Technical Approach:

40 pages

EA-133W-RQ-16-0168 24

A. The Quoter's approach shall demonstrate understanding of technical requirements as stated in section III of attachment I - Statement of Work (SOW). The Quoter shall provide evidence of partnerships with airlines that can provide the data immediately upon contract start date, meeting all technical specifications described Sections III –Requirements, IV – Deliverables, and V – Data Volume of the SOW.

B. Quoters shall provide a general staffing approach for utilization of the offeror’s personnel resources that demonstrates an understanding of the skill sets required to successfully accomplish the tasks of the SOW. The general staffing approach shall address personnel retention over the life of the task order.

Corporate Experience:

• The Quoter shall demonstrate relevant corporate experience. Relevant corporate experience is experience within the last five (5) years performing requirements that are of the same or similar scope, complexity, and magnitude as those in the SOW.

To demonstrate its corporate experience, the quoter shall identify no more than three

(3) relevant contracts (in scope, magnitude, and complexity) performed within the past five years, and provide any other information the quoter considers relevant to the requirements of the RFQ. Quoter shall provide a detailed explanation demonstrating the relevance of the contracts or efforts to the requirements of the solicitation.

Volume 2: Price - The Quoter shall submit a Price quote in accordance with the table provided in Section E of the RFQ. 1 page

B. Quote Revisions

If final quote revisions are requested, all revisions shall be submitted as change pages to the electronic copy, accompanied by a complete electronic resubmission of the affected file(s). Each change page shall be identified by date, by revision number, and by corresponding page number. New/changed information shall be identified by a vertical line in the margin next to the change and/or by using redline and strikeout features.

G. Method of Evaluation

The Government intends to award a firm-fixed-price contract to the Quoter whose quote is determined to be the best value to the Government. Evaluation will be conducted in having non-price factors (technical approach and corporate experience) when combined are significantly more important than price. In order to be considered technically acceptable, the Quoter shall demonstrate in their quote that the firm can comply with all of the requirements called for in the attachment listed in Section D – List of Attachments of the RFQ.

E. Schedule