Solicitation_EE133F-15-RQ-0798.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 27 EE-133F-15-RQ-0798

0001 BASE YEAR

Contractor shall provide manuscript using satellite tag data to estimate the distribution of loggerhead sea turtles in the U.S. Mid-Atlantic in accordance with Statement of Work.

Period of Performance: 09/01/2015 to 08/31/2016

1.00 LO

OPT

0002 OPTION PERIOD

Contractor shall provide manuscript combining satellite tag data, bycatch data, and line transect survey data to estimate the distribution and density of loggerhead sea turtles in the U.S. Mid-Atlantic in accordance with Statement of Work.

Period of Performance: 09/01/2016 to 08/31/2017

1.00 LO

Table of Contents

PAGE 4 OF 27 EE-133F-15-RQ-0798

SECTION

. 1 INSTRUCTIONS TO QUOTER

. 2 SECTION I - STATEMENT OF WORK

. 3 SECTION II - CONTRACT TERMS AND CONDITIONS

. 4 SECTION III - SOLICITATION PROVISIONS

. 5 ATTACHMENT A - PAST PERFORMANCE TEMPLATE

. 6 ATTACHMENT B - REPRESENTATION CERTIFICATION

. 7 ATTACHMENT C - SAM GUIDANCE/INSTRUCTIONS

PAGE 5 OF 27 EE-133F-15-RQ-0798

SECTION

. 1 INSTRUCTIONS TO QUOTER

1. Quotes may be submitted by electronic means to kelly.taranto@noaa.gov or faxed to 508- 495-2004. It is the contractor’s responsibility to ensure the electronic quote has been received.

When submitting your quote include your DUNS number and complete all required sections of the SF1449. If you have any questions regarding the quote process please contact Kelly Taranto via email only. Please cite the solicitation number in the subject line.

2. This is a firm fixed price requirement. The Government intends to award a single award in response to the solicitation.

3. BASIS FOR AWARD: Award will be made on a best value basis with non-price factor being more important than price. See Section III, 52.212-2 EVALUATION-COMMERCIAL ITEMS for the evaluation factors and submission requirements. The evaluation factors in order of importance are:

a. Experience/Qualifications

b. Past Performance (*)

c. Price

*Past Performance: Quoters shall demonstrate relevant past performance. Relevant past performance is performance under contract or efforts (within the past 3 years) that is of the same or similar scope, magnitude, and complexity to what is described in the solicitation. Quoters shall submit with quote: description of past requirements, dates of performance, client contact name, client contact phone number and client contact email address. See Attachment A for Past Performance Template Form.

4. All quoters must complete and submit with the quote, The Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) —See Attachment B.

5. In accordance with FAR 52.204-7, Contractor registration in the “System for Award Management” (SAM) site is required and shall be completed prior to award. Website is located at: https://www.sam.gov/ (See Attachment C, SAM registration instructions)

6. Quotes are due no later than July 27, 2015 @4:00 PM EST

PAGE 6 OF 27 EE-133F-15-RQ-0798

. 2 SECTION I - STATEMENT OF WORK

SECTION I

STATEMENT OF WORK

Loggerhead sea turtle density

1. OBJECTIVE AND BACKGROUND

Background: Understanding sea turtle distribution is an essential element in mitigating anthropogenic threats to sea turtles. In the Northwest Atlantic, the National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS), Bureau of Ocean Energy Management (BOEM), U.S. Fish and Wildlife Service (FWS), and the U.S. Navy are collecting data to support an Atlantic Marine Assessment Program for Protected Species (AMAPPS). As part of the current AMAPPS project as well as historic NOAA projects, millions of dollars have been spent on line transect aerial surveys. Historically the aerial surveys were flown once a year in the summer, but more recently AMAPPS has supported survey effort in non-summer seasons (NEFSC SEFSC 2013, see also http://www.nefsc.noaa.gov/psb/AMAPPS/).

However, even with the additional AMAPPS investment, the survey efforts remain mere snapshots in time, with sampling in a particular region typically occurring only once a year at most. While analysis of aerial line transect surveys may produce density estimates for the discrete time period of the survey, there is little evidence that this snapshot sampling approach can be effectively used to predict animal density outside of the short sampling period (Scheidat et

al. 2012). Given federal interest in predicting turtle density throughout the year to assess the potential incidental turtle take associated with the operation of federal fisheries, renewable energy platforms, oil and gas extraction, and power plants, this is a major shortcoming.

Combining multiple independently-collected data sources can produce more reliable density estimates (Gopalaswamy et. al. 2012, Ivan et. al. 2013). Satellite-relayed data about loggerhead behavior can be used to fill in the temporal gaps left by infrequent, discontinuous line transect survey efforts. In contrast to once-a-year aerial surveys, satellite tags sample turtle behavior every day of the year, and can represent the location of animals even as transient relationships with the environment (e.g., salinity, depth, etc.) change with physiological demands imposed by migrations and fluctuating food sources.

Together with other collaborators, NOAA Fisheries has a long-term research plan to combine aerial survey line transect data with satellite telemetry and bycatch rate data to produce more reliable estimates of animal density through time. The Government is now seeking to produce relative density maps based on tracks from over 60 satellite tags deployed on loggerheads in the U.S. Mid-Atlantic region (Long Island to North Carolina) from 2009 to 2014. In addition to serving as input into a future model to estimate loggerhead density from multiple data sources (line transect, bycatch, satellite telemetry), the relative density maps resulting from research in this proposal could be immediately used for management decisions which would benefit from spatial-temporal information on loggerhead density.

The objective of this research is to produce a manuscript that uses data from satellite relayed data loggers (called ‘tag data’) to estimate the distribution of large juvenile and adult loggerhead sea turtles in the U.S. Mid-Atlantic.

PAGE 7 OF 27 EE-133F-15-RQ-0798

STATEMENT OF WORK

2. REQUIREMENTS

The base and option requirements both involve preparing journal-style manuscripts as well as all data organization, data manipulation, literature searches, method selection, and statistical analysis that would typically be associated with the publication of a paper in a high quality scientific journal. The manuscript shall include an appropriate Discussion which states relevant interpretations and opinions, documents uncertainty and any scientifically-relevant shortcomings or obstacles, reveals the limitations, explains the results in light of what was already known, explains our new understanding of the problem after taking the results into consideration, and make suggestions for future research.

In both the base and option requirements, the contractor shall use information from all data supplied by NMFS that meet data quality standards, based on the expert opinion of the contractor, NEFSC, and other collaborators. The spatial extent of all final model results shall be limited to areas where reasonable confidence in modeled estimates exists, based on the expert opinion of the contractor, NEFSC, and other collaborators.

Table 1. Overview of NMFS requirement. See individual tasks below for more information.

Task Description Period of Performance 01-Base Manuscript using satellite tag data to estimate the distribution of loggerhead sea turtles in the U.S.

Mid-Atlantic.

12 months from date of award

02-Option Period

Manuscript combining satellite tag data, bycatch data, and line transect survey data to estimate the distribution and density of loggerhead sea turtles in the U.S.

Mid-Atlantic.

12 months from option exercise

2.1 Task 01 – Manuscript using satellite tag data to estimate the distribution of loggerhead sea turtles in the U.S. Mid-Atlantic.

NEFSC will supply the tag data to be used in the analysis. At a minimum, the dataset will include data from 60 Sea Mammal Research Unit satellite relayed data loggers. Data from many more tags (possibly well over 150 tags) may be available by the time this contract is in place.

The contractor will use appropriate statistical approaches to estimate the distribution of loggerheads using at least two different methodologies (Part A and B below), evaluate how sensitive the results are to the methodologies, and select a preferred approach for this application.

Part A: The simplest method for examining loggerhead distribution within the Mid-Atlantic will be to calculate the density of filtered daily locations (similar to Griffin et. al. 2013). The contractor shall also consider extending this approach by using a kernel function to produce traditional kernel density maps of habitat use (see Hart et al. 2012 for a relevant example) or

PAGE 8 OF 27 EE-133F-15-RQ-0798

STATEMENT OF WORK

using the minimum convex polygon or the α-Hull technique to produce home range maps (similar to Hawkes et al 2011).

Part B: Simple track densities do not account for biases associated with initial tagging locations.

As with most tagging studies, the initial deployments of our satellite tags are not randomly distributed because they reflect the locations where we were able to capture turtles. When the initial deployments are not randomly distributed, using satellite tag data to describe the distribution or relative density of animals may result in biased estimates (Whitehead and Jonsen 2013). To address this possibility, the contractor shall analyze the filtered locations using a simple Markov-chain method that produces unbiased measures of relative density from tracking data (Whitehead and Jonsen 2013).

2.2 Task 02 – Manuscript combining satellite tag data, bycatch data, and line transect survey data to estimate the distribution and density of loggerhead sea turtles in the U.S. Mid-Atlantic.

This work would build off of Task 01 by using the result of Task 01 as input into the analysis in Task 02. Other inputs would be estimated bycatch rates and density and distribution from line transect analysis (all of which would be based on literature or supplied by NMFS). The contractor will use appropriate statistical approaches to combine these multiple data streams (satellite telemetry, bycatch rates, line transect survey results) to produce a robust estimate of loggerhead density in the U.S. Mid-Atlantic region. The contractor shall explore different methods of incorporating and weighing the multiple data streams, shall evaluate the different methods, shall select a preferred method for this application, and shall provide a sound rationale for selecting the preferred method. The contractor shall explicitly estimate uncertainty, and shall produce results that are spatially and temporally explicit.

3. PERIOD OF PERFORMANCE

The Base period shall be twelve (12) months from September 1, 2015 - August 31, 2016 with the Option for one (1) additional one year option period.

4. COLLABORATION AND DATA SHARING AGREEMENTS

A. Publication rights will be shared by the satellite tag data providers and the Contractor.

Ideally this collaboration will result in a peer-review journal publication with the contractor as lead author and NEFSC and other data contributors as coauthors. Because substantial intellectual effort was devoted to collection of satellite tag data, all contributors of tag data shall be (co)authors on all products (including manuscripts and subsequent papers) which report or use any tag data, data summaries, or predicted results. Note that these shared publication rights do not allow NEFSC or other collaborators to prevent methods developed during the course of this project from being published, though all satellite tag data contributors (including NEFSC) retain the option to withdraw any or all of their data from use in any form of publication.

B. Because this is intended to be a highly collaborative project, the contractor must be available to meet in person at NEFSC, 166 Water Street, Woods Hole, MA several times throughout the duration of the base and option tasks.

PAGE 9 OF 27 EE-133F-15-RQ-0798

STATEMENT OF WORK

C. For all tasks, the contractor shall work in collaboration with the NEFSC point of contact (POC) and other data providers. The contractor will be responsible to complete the tasks as described above by appropriately incorporating input from collaborators.

D. Copyright shall not be claimed by the Contractor (or their Sub-Contractors or collaborators) any underlying data, models, or modeled data produced under this contract. All data collected outside of this contract remain in sole possession of the original data owners, who are allowing the Contractor limited rights to use data in pursuit of the deliverables described in the above Tasks.

E. Reports specified within the Scope of Work are considered contract deliverable products and will be subject to QA/QC review. All comments on drafts shall be resolved to the mutual satisfaction of contractor, collaborators, and the NEFSC POC.

F. The contractor may present their work to professional societies or the public. If data products are made public, the satellite tag data contributors shall be included as coauthors, but if the work is entirely methodological with no data or results displayed the satellite tag data contributors do not need to be included as co-authors. Abstracts of presentations dealing with work funded under contract shall be provided to NEFSC prior to submission for presentation. If the work is solely methodological, then submission to NEFSC is merely a courtesy, and no approval from NEFSC would be required. Proper credit shall be given to sponsors for funding this analytic work. The Contractor shall provide an electronic copy of all final presentations associated with this contract to NEFSC POC.

5. REPORTING REQUIREMENTS and DELIVERABLES

The following reporting requirements and deliverables apply to both tasks.

A. Every month progress reports shall be submitted via email to the NEFSC POC. Each report should include a summary of work accomplished and an estimate of the overall percentage of the project completed. So long as the relevant information is included, the report can be a brief set of bullets, or other easily interpreted format.

B. When meetings or conference calls are held with collaborators, the contractor will be responsible for sending meeting minutes to the meeting participants within 36 hours of when the meeting is held. Meeting minutes do not need to provide a play by play; rather they shall focus on agreements or action items resulting from the discussion. So long as the relevant information is included, the report can be a brief set of bullets, or other easily interpreted format.

C. A series of GIS files associated with each manuscript should be produced to describe the expected seasonal distribution and density of Mid-Atlantic loggerhead distribution. The spatial and temporal extent of the GIS files, as well as the underlying grid specifications, shall be delivered electronically to the NEFSC POC, who will consult with NMFS partners to determine if the GIS meet NMFS needs. Early consultation with the NEFSC POC is encouraged so that the GIS files can be efficiently produced.

PAGE 10 OF 27 EE-133F-15-RQ-0798

STATEMENT OF WORK

D. The contractor shall provide extensively annotated final code for all the analyses described in the manuscript. The code shall be associated with standard statistical software such as SAS or R, and shall be commented and formatted to be able to be easily re-run by analysts that are moderately experienced with statistical software such as SAS and R.

E. The main deliverable associated with each task is a journal style manuscript as previously described. The contractor shall facilitate the review of the manuscript first by the collaborators and then by the NEFSC Center Review system. The contractor must allow for sufficient time for a meaningful review by allowing reviewers a minimum of 45 days, though reviewers should strive to complete the review as soon as feasible. The contractor shall responsibly address all comments from coauthors and internal and external reviewers. The contractor shall facilitate discussions with coauthors so that the final manuscript is a result of a true collaboration. The Contractor, at no additional cost to the government, will correct errors and/or deficiencies in the final product resulting from the Contractor’s performance that are designated within three months of final product delivery and that can be corrected by the Contractor within 24 working hours.

PAGE 11 OF 27 EE-133F-15-RQ-0798

. 3 SECTION II - CONTRACT TERMS AND CONDITIONS

SECTION II

CONTRACT TERMS AND CONDITIONS

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

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

(End Clause)

2. FEDERAL ACQUISITION REGULATIONS (FAR) 52.212-4 CONTRACT TERMS AND

CONDITIONS - COMMERCIAL ITEMS (MAY 2015)

(Incorporated by reference: Available at https://www.acquisition.gov/far/)

3. 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAY 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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.] ___ (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 (Apr 2010) (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (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

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CONTRACT TERMS AND CONDITIONS

Concerns (Oct 2011) (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.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) 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 (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

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

XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

793).

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (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 (Aug 2013). (Executive Order 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) (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

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CONTRACT TERMS AND CONDITIONS

acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (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.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

XX(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (42) (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.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 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).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (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

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CONTRACT TERMS AND CONDITIONS

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 2014) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 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.

(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 (Apr 2010) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2)

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and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 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.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 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.

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

(xi) ____ (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).

(xii) 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.)

(xiii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.

13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 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.

(xviii) 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)

4. FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a fixed price contract resulting from this solicitation.

5. FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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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 15 days prior to expiration of the current contract period.

(End of clause)

6. COMMERCE ACQUISITION REGULATIONS (CAR) 1352.201-70 CONTRACTING

OFFICER’S AUTHORITY (APR 2010)

(Incorporated by reference: Available at http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm

7. CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR)(Apr 2010)

(a) Henry Milliken 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:

NMFS/Northeast Fisheries Science Center Protected Species Branch 166 Water Street Woods Hole, MA 02543 Henry.Milliken@noaa.gov

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

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

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

(End of clause)

8. 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.

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CONTRACT TERMS AND CONDITIONS

Description Data Sets, Tag Data, and other data and information as needed

9. NOAA ACQUISITION MANUAL (NAM) 1330-52.242-70 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 shall be mailed (via U.S. Postal Service) to the designated billing office as follows:

NOAA/NEFSC

Purchasing Department 166 Water Street Woods Hole, MA 02543 Attn: Susan Henderson e-mail: Susan.Henderson@noaa.gov

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

[see #1 above]

(3) The designated payment office for this contract is:

DOC/NOAA Financial Office 20020 Century Boulevard Germantown, MD 20874

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

(End of clause)

10. 52.203-99, PROHIBITION ON CONTRACTING WITH ENTITIES

THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

(DEVIATION 2015-02) (FEB 2015)

(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.

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(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)

11. ASSURANCE 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 Consolidated and Further Continuing Appropriations Act, 2015 and subsequent appropriations acts 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 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) By accepting this award or order, in writing or by performance, the offeror/contractor assures that -

(a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) The offeror/contractor 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.

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CONTRACT TERMS AND CONDITIONS

CLAUSES INCORPORATED BY REFERENCE

12. FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

(Incorporated by reference: Available at https://www.acquisition.gov/far/)

13. FAR 52.245-1 GOVERNMENT PROPERTY (APR 2012)

(Incorporated by reference: Available at https://www.acquisition.gov/far/)

14. CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(Incorporated by reference: Available at http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm)

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

(Incorporated by reference: Available at http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm)

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

(Incorporated by reference: Available at http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm)

PAGE 20 OF 27 EE-133F-15-RQ-0798

. 4 SECTION III - SOLICITATION PROVISIONS

SECTION III

SOLICITATION PROVISIONS

1. FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision— “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by

D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11 ) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14 ) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

PAGE 21 OF 27 EE-133F-15-RQ-0798

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov

2. FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(Incorporated by reference; available at www.acquisition.gov/far).

3. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--

COMMERCIAL ITEMS (MARCH 2015)

(Incorporated by reference; available at www.acquisition.gov/far)

4. FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

(a) Basis for Award. The Government will make award resulting from this solicitation to the responsible quoter whose quote 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:

(i) Experience/Qualifications - experience working with data from Sea Mammal Research Unit Satellite relayed data loggers, particularly from tags deployed on loggerhead sea turtles is preferred.

(ii) Past Performance - Quoters shall demonstrate relevant past performance. Relevant past performance is performance under contract or efforts (within the past 3 years) that is of the same or similar scope, magnitude, and complexity to that which is described in the solicitation.

(iii) Price.

Experience and Past performance, when combined, are more important than price.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept

PAGE 22 OF 27 EE-133F-15-RQ-0798

an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

5. CAR 1352.233-70 AGENCY…