Solicitation_EE133F-16-RQ-0864.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 52 EE-133F-16-RQ-0864

DUNS: ___________________

0001 Submit schematic of new winches and hydraulic system plans and tolerances in accordance with Statement of Work, section 8.1

Period of Performance: 12/01/2016 to 03/10/2017

1.00 LT

0002 Remove current Hydraulic system and all components in accordance with Statement of Work, section 8.2

1.00 JB

0003 Remove Marco Winch in accordance with Statement of

Work, section 8.3

0004 Reconfigure Aft Deck and Deck Mounting in accordance with Statement of Work, section 8.4

0005 Provide two (2) new winches in accordance with the

Statement of Work, section 8.5

0006 Install Control Stations in accordance with Statement of

Work, section 8.6

0007 Install Hydraulic Plumbing in accordance with Statement of Work, section 8.7

0008 Install Winch and Boom in accordance with Statement of

Work, section 8.8

0009 Test Hydraulic system and all deck equipment in accordance with Statement of Work, section 8.9

Period of Performance: 12/01/2016 to 03/10/2017

1.00 JB

OPT

0010 (Optional Item) Install Removable J-Frame in accordance with Statement of Work, section 8.10

Period of Performance: 12/01/2016 to 03/10/2017

1.00 JB

OPT

0011 (Optional Item) Install cut-out and doors J-Frame in accordance with Statement of Work, section 8.11

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 4 OF 52 EE-133F-16-RQ-0864

ADDITIONAL ITEM REQUIREMENTS (AIR): These items related to Growth Work: The Unit Price Column will be used throughout the life of the contract if growth work is added to the scope of the contract [reference CAR clause 1352.271-72]. If AIRs are issued, these items will be awarded at the quantities needed via a contract modification. The quantity shown is an estimate only and may be exceeded at the unit price offered.

OPT

0012 (Optional Item) Additional Item Requirements (AIRs)/

Growth Labor Rate. Estimate 50 Hours

Unit Price for regular time: $________per hour

Extended Price (50/hr x Rate): $___________

Period of Performance: 12/01/2016 to 03/10/2017

1.00 LT

OPT

0013 (Optional Item) Additional Item Requirement (AIRs)/

Growth material Markup/Handling Fee.

Unit Price is est. at $2,000, Qty 1; Unit of Issue: Percent increase________%

Extended Price: [$2,000.00 X percentage quoted]:

1.00 LT

Table of Contents

PAGE 5 OF 52 EE-133F-16-RQ-0864

SECTION

. 1 INSTRUCTIONS TO QUOTER

. 2 SECTION I - STATEMENT OF WORK

. 3 SECTION II - CONTRACT TERMS AND CONDITIONS

. 4 SECTION III - SOLICITATION PROVISIONS

PAGE 6 OF 52 EE-133F-16-RQ-0864

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 and 100% set aside for small business. The Government intends to award a single award in response to the solicitation.

3. The successful quoter must furnish an insurance certificate within five (5) calendar days after award in accordance with CAR Clauses 1352.271-79, Liability and Insurance, and 1352.271-90, Insurance Requirements.

4. BASIS FOR AWARD: The Government will make an award resulting from this solicitation to the responsible quoter whose quotes conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Evaluation factors other than price, when combined, are significantly more important than price; but quoter’s should nonetheless, submit competitive prices. The evaluation factors in order of importance are:

1. Past Performance - demonstrated experience performing same or similar services on vessel(s) with similar characteristics (length/tonnage and mission)

2. Availability to perform work and returning the vessel to service by specified time.

Contractor shall provide proposed start and completion dates in quote package

3. Price

Quoters shall complete Attachment A and submit three (3) references demonstrating the same or similar services in the past three (3) years. References shall include detailed contact information (phone number and address at minimum). Past performance is a significant evaluation factor that will be used to arrive at a best value award decision.

5. PRE-QUOTE SITE VISIT: Quoters are strongly encouraged to inspect the vessel to understand the expected work requirements being requested. The vessel will be available for a pre-quote inspection in Woods Hole, MA beginning Wednesday, August 24 through Friday, August 26, 2016 and Monday, August 29, 2016. To schedule a site visit, contact JOIC Andrew Reynaga at 774- 392-2746 or email Andrew.reynaga@noaa.gov. Only individuals who have pre-scheduled a site visit will be allowed access to the site.

6. 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 B, SAM registration instructions)

7. QUESTIONS and INQUIRIES: Quoters must submit all questions concerning this solicitation in writing to the Contracting Officer via email at kelly.taranto@noaa.gov. Questions should be received no later than August 29, 2016 at 4:00 p.m. EST. All responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation.

8. Quotes are due no later than September 1, 2016 @11:00 AM EST

PAGE 7 OF 52 EE-133F-16-RQ-0864

. 2 SECTION I - STATEMENT OF WORK

2016 Hydraulic, Winch & Deck Equipment Upgrade for NOAA R/V Gloria Michelle

1. BACKGROUND

The contractor shall remove existing hydraulic system, provide and install a new hydraulic system to determined specification, reinforce aft deck, install dual split H-18 pull masters, reconfigure existing hydraulic equipment and install a removable J-frame on the NOAA R/V Gloria Michelle.

Current Trawl Winch Characteristics:

− Manufacturer/Model: Marco W1160 − Serial#:

− Approximate Weight: 4,800 lb w/o wire − Line Pull: 20,000lb @80fpm (bare drum)

7,000lb @233fpm (full drum) − Lubricant: SAE 90 Multi-purpose gear oil − Lubricant Capacity: 18gal − Trawl Warp Capacity 350 Fathoms of 5/8 wire rope

2. SCOPE/OBJECTIVE

The requirement is to remove and replace the current hydraulic system and reconfigure deck equipment on the R/V Gloria Michelle. The Contractor shall:

1. Completely remove the current hydraulic system. This includes supply, return, and all associated piping and hose.

2. Install new hydraulic system which must:

a. Be pneumatically activated from wheel house and back deck control station

b. Powered by a main PTO from the ship’s Caterpillar 3406

c. Supplied and returned to existing hydraulic tank

d. Provide sufficient power to the following equipment:

i. 2 Pull Master H-18 winches (w/ 28” flange and 21.3” width) capable of holding 355 fathoms of 5/8” wire.

1. Model:H18-4-101-4F

2. Each winch requires 2300psi at 76GPM

ii. 1 Anchor windlass (existing)

iii. 1 deck crane (existing) – will be relocated to centerline

iv. 1 net reel (existing)

v. 1 small winch for lifting nets on the boom

vi. 1 winch for J-frame (option item)

3. Vessel shall maintain ability to operate winches both independently and in unison

4. Winches shall be able to power in, power out, and free spool. Winches must have internal brakes fitted with an external brake release.

5. Net reel shall have ability to power in, power out, free spool and lock independent of hydraulics

6. Reconfigure aft deck

PAGE 8 OF 52 EE-133F-16-RQ-0864

a. Reinforce the deck where new or existing equipment will be mounted. Deck reinforcements should be sufficiently thick and strong to avoid deflection under load.

b. Remove and dispose of existing winch

c. Remove large fish hold hatch

d. Relocate small aluminum escape hatch just aft of mast

e. Remove fairleads and install new winches on bolted bases welded to deck.

f. Create a control station aft of mast and at net reel.

g. Relocate deck crane to centerline.

h. All equipment shall be bolted to a frame which is welded to the reinforced deck

3. COMPLIANCE

All work shall be performed in strict compliance with Federal, State, and Local laws and regulations. This includes ABS, USCG, and NOAA Regulations.

4. GOVERNMENT REPRESENTATIVE(S)

The Contracting Officer Representative (COR) is LTJG Andrew Reynaga.

5. PLACE OF PERFORMANCE

The vessel will be available pier side at the vessel’s homeport or can be relocated to the location of the contractor, within 250 miles from the vessel’s homeport. If deemed necessary the contractor may haul the vessel out of water at the contractor’s expense. If the vessel is traveling to a contractor’s destination the vessel must have a minimum depth of 10 feet of water in any confined channel and an air draft of no less than 45 feet. Any damage incurred to the vessel upon final approach to the shipyard from the sea buoy will be repaired at the contractor’s expense. The vessel’s homeport is:

NOAA R/V Gloria Michelle Northeast Fisheries Science Center 166 Water Street Woods Hole, MA 02543

6. PERIOD OF PERFORMANCE

The period of performance shall be from December 1, 2016 through March 10, 2017

7. GOVERNMENT FURNISHED MATERIAL/EQUIPMENT

The government will make the vessel available at the agreed place and time. The government shall not furnish any other materials, services, equipment, labor, or facilities to fulfill this contract, except as otherwise indicated. The Contractor shall provide all materials, services, equipment, labor, and facilities necessary to perform the work specified.

PAGE 9 OF 52 EE-133F-16-RQ-0864

8. REQUIREMENT/TASKS:

The Contractor shall:

8.1. CLIN 0001: SUBMIT SCHEMATIC OF HYDRAULIC AND WINCH PLANS

AND TOLERANCES

8.2. CLIN 0002: REMOVE CURRENT HYDRAULIC SYSTEM

8.2.1. Drain Hydraulic tank of its estimated 800 gal. hydraulic fluid − Contractor is responsible for certifying gas-free environment in tank.

− Contractor is responsible for preparing tank for hot work.

8.2.2. Remove existing hydraulic plumbing

− Remove all steel and rubber hydraulic plumbing.

− Crop out and weld unusable ports to hydraulic tank − Crop out and weld unusable transits through bulkheads.

− Remove mounting support structure from deck

8.2.3. Remove Sperry Vickers PTO from main engine.

8.3. CLIN 0003: REMOVE MARCO WINCH

8.3.1. Drain oil from winch

8.3.2. Remove Marco winch from aft deck

8.3.3. Remove mounting structure from deck

8.4. CLIN 0004: RECONFIGURE AFT DECK AND DECK MOUNTING

8.4.1. Remove and store crane

− Unbolt crane and store for re-mounting following deck alterations − Remove mounting support structure from deck

8.4.2. Replace and relocate hatch

− Remove and discard large hatch to fish hold.

− Insert new steel plating to fill the void. Steel plating shall match the existing deck and be of sufficient dimensions to be supported by longitudinal and transverse framing.

− New deck insert shall be fitted with tar tile to match surrounding deck.

− Install small escape hatch immediately starboard of mast.

8.4.3. Remove fairleads

− Cut away steel and remove all fairlead support structure.

− Grind old welds down as necessary.

PAGE 10 OF 52 EE-133F-16-RQ-0864

8.4.4. Reinforce deck plating and fabricate new mounts

− Reinforce deck plating at locations of new equipment installation − All new steel on deck shall be painted and finished with asphalt tiles similar to current configuration.

− Fabricate mounts for port and starboard winches at location of old fairleads − Fabricate mount for crane at midship location.

o Mounts shall be welded to reinforced deck and allow equipment to be bolted to mount.

8.5. CLIN 0005: INSTALL DECK EQUIPMENT

8.5.1. Supply and Install Pullmaster H18 winches

− A winch shall be bolted to the mounts on both port and starboard locations − Thru-deck fittings and any other necessary metal work shall be completed to allow for hydraulic plumbing of each winch.

8.5.2. Install Crane

− Bolt the existing crane to new midship location

8.6. CLIN 0006: INSTALL CONTROL STATIONS

8.6.1. Fabricate and install control station forward of crane.

− Control station shall house controls for both pullmaster winches with external brake release, crane, boom winch, and PTO.

− Control station shall have a main engine tachometer − Control station shall have a removable weather tight cover − Control station shall maximize operator’s view of doors and overall deck operation area.

8.6.2. Modify/Replace net reel hydraulics as necessary.

− Assess compatibility of net reel control with new hydraulic system − Perform modifications or replace as necessary to make compatible.

8.7. CLIN 0007: INSTALL HYDRAULIC PLUMBING

8.7.1. Supply and install a remotely operated Power Take-Off (PTO) unit to the front of the main propulsion engine

− New PTO shall be compatible with the vessel’s Caterpillar 3406B engine. The PTO shall be capable of providing 76 GPM @ 2300psi operating at 1000 Engine Rpm (ERPM) as specified by pullmaster for each of the H18 winches and at a maximum of 1800 ERPM while engaged to the hydraulic pump.

− It shall be remotely operated from the pilothouse, a location on the back deck near the existing hydraulic controls, and locally at the PTO.

PAGE 11 OF 52 EE-133F-16-RQ-0864

8.7.2. Supply and install a new hydraulic pump

− New pump shall further provide sufficient fluid to power all other deck equipment including the anchor windlass, crane, and net reel independent of each other − Hydraulic flow rate beyond 76 GPM at 1000 ERPM shall be regulated by way of an automatic hydraulic flow regulator.

− Pump shall be fixed displacement and externally relieved within the system − Engineering drawings including all components and intended operation shall be provided and approved by NOAA personnel prior to installation.

8.7.3. Plumb Hydraulic Lines

− Plumb hydraulics to the new PTO following manufacturer recommendations for materials and diameter.

− Plumb hydraulics to the control stations using appropriate materials and fittings.

− Plumb hydraulics to the equipment (winches, crane, net reel, and anchor windlass) following manufacturer recommendations for material and diameter o Hydraulic lines to equipment shall be terminated with quick disconnect fittings as applicable.

o Thru-bulkhead and thru-deck fittings shall not compromise the watertight integrity of any boundary and meet requirements set forth by NOAA Small Boat Program. All thru-hull and thru-deck fittings must also maintain all fire boundaries in accordance with ABS.

8.8. CLIN 0008: INSTALL WINCH ON BOOM

8.8.1. Supply and install suitable winch

− Winch shall be marine grade and have a working load of at least 2500 lbs and provide positive control in forward and reverse directions.

− Controls for the winch shall be located at or near main control station − Winch shall be mounted near the base of the boom − Winch wire or line shall be of sufficient length to reach along the boom and down to water level aft of trawl ramp.

8.8.2. Supply power to winch

− Plumb hydraulics to winch

8.9. CLIN 0009: TEST EQUIPMENT

8.9.1. Test new fishing winches

− Run the winches without load − Inspect for proper functionality and hydraulic leaks − Load test following NOAA and OSHA standards − Perform complete inspection of all components and plumbing to system − Perform any adjustments or maintenance required to achieve manufacturer specifications.

− System must not contain any leaks or defects − Test system under load.

8.9.2. Test all other hydraulic equipment

PAGE 12 OF 52 EE-133F-16-RQ-0864

− Run all equipment and load test to NOAA and OSHA standards, ensuring performance to manufacturer specifications

− Check system in its entirety for leaks and make necessary repairs

8.10. CLIN 0010: OPTIONAL ITEM - INSTALL REMOVABLE J FRAME [to be awarded subject to availability of funds]

8.10.1. Fabricate mount for J-frame

− Reinforce deck plating at location of J-frame − Attach base for removable J-frame forward of starboard winch.

− Fabricate pad-eyes as necessary for hydraulic rams and components.

8.10.2. Supply and Mount J-Frame

− Supply 5086 aluminum J-frame rated to 1 ton SWL.

− Engineering drawings shall be supplied by a licensed P.E. showing strength modulus calculations of the structure and all attachment points for a safety factor of 4 to 1.

− J-frame shall provide at least 8 feet of clearance from deck.

− Mate J-frame to mount. Configuration shall allow for easy removal from base.

− Control station shall be removable

8.10.3. Plumb Hydraulic Lines to J-Frame

− Route hydraulics to J-frame and J-frame controls. Quick-disconnect fittings shall be used for easy removal of J-frame − Plumb hydraulic lines to J-frame control station − Any deck quick disconnects that are not flush mounted will need to be placed as to minimize tripping, and must be protected.

8.10.4. Fabricate and install base for J-frame winch

− Further reinforce, if necessary, overhead plating above starboard cabin. Steel plate must be capable of supporting winch with a SWL of 1 ton.

− Weld mount for winch on reinforced steel plate − Mount shall allow for mounting of removable winch.

8.10.5. Supply and install J-frame winch

− Weld mount for winch on reinforced steel plate above starboard side cabin overhead.

− Mount shall allow for mounting of removable winch − Supply power to winch.

− Winch shall operate with a 1 ton SWL.

8.11. CLIN 0011: OPTIONAL ITEM – INSTALL CUT-OUT AND DOORS AT J-

FRAME [to be awarded subject to availability of funds]

8.11.1. Create gunwale door

PAGE 13 OF 52 EE-133F-16-RQ-0864

− Cut gunwale and rail to allow for hinged doors at location of J-frame − Cut-out should be at least 4 feet wide.

− Fabricate 2 outboard swinging doors at cut out − Install door on hinges with a locking mechanism to secure door open and closed.

9. DELIVERABLES

The contractor shall deliver certification documentation and all necessary personnel, equipment, and materials to perform work described in Section 8 (TASKS) in order to meet contract requirements. Timeliness in completing tasks and returning the vessel to service is a high priority. Contractor shall provide start and completion dates in their quote package.

Item CLIN Deliverable Description Due Date Deliver To 1 N/A Certificate of Insurance Certificate of Insurance according to

CAR Clauses 1352.271-79 and 1352.271-90

Five (5) days after award

COR

10. CONDITION FOUND REPORTS (CFR)

The COR shall be notified in writing of any conditions found which may impact the performance of the work or administration of the contract, including a detailed description of the condition and any proposed or requested solutions. No changes to the statement of work are authorized without written approval from the Contracting Officer.

11. QUALITY CONTROL

Quality assurance/control is the sole responsibility of the Contractor. The COR may delegate inspection responsibilities to designated NOAA personnel. The designated NOAA inspectors will monitor the progress of work done by the Contractor. If, during the performance of work the NOAA Inspectors witness work that fails to meet the specifications, work that is otherwise unsatisfactory, or conditions which may lead to an unsatisfactory end product, the inspectors will alert the COR who will advise the Contractor of the deficiency.

12. FINISHING AND PRESERVATION

All bare metal resulting from the project shall be coated with at least two coats of primer and appropriate topcoat to preserve the metal. Color should match vessel’s color scheme as closely as possible.

13. DAMAGES

Any damages caused by the Contractor in performance of this contract shall be repaired at the Contractors expense.

PAGE 14 OF 52 EE-133F-16-RQ-0864

. 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 REGULATION (FAR) 52.203-99 PROHIBITION ON

CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (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.

(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)

3. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL

ITEMS

(MAY 2015)

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

4. FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JUN

2016)

(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 (Nov 2015)

(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, PAGE 15 OF 52 EE-133F-16-RQ-0864

CONTRACT TERMS AND CONDITIONS

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 (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 2015) (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).

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).

___ (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] XX (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 2015) (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 2015) 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)).

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

XX (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)).

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

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (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 (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).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (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 (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) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (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.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (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.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

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___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (46) (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.

___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (48) 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).

___ (49) 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).

___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

XX (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (58) (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

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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) 52.226-6, 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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.

(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 (Oct 2015) (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 (Feb 2016) (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.

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(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 (Oct 2015) (E. O. 12989).

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

(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)

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

The Government anticipates a Firm-Fixed-Price contract resulting from this solicitation.

(End of clause)

6. FAR 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY

PRICED

LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor any time during the period of performance. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

7. 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 15 days prior to expiration of the current contract period.

(End of clause)

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8. FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stop-page. Upon receipt of the final decision in the protest, the Contracting Officer shall either—

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if—

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government’s rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor’s intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

(End of clause)

9. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

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Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

10. COMMERCE ACQUISITION REGULATIONS (CAR) 1352.201-72 CONTRACTING

OFFICER’S REPRESENTATIVE (COR) (APR 2010)

(a) Andrew Reynaga 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:

National Marine Fisheries Service 166 Water Street Woods Hole, MA 02543

(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

11. 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

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20020 Century Boulevard Germantown, MD 20874

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

(End of clause)

12. 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:

Northeast Fisheries Science Center 166 Water Street Woods Hole, MA 02543 (End of Clause)

13. CAR 1352.271-72 ADDITIONAL ITEM REQUIREMENTS (AIR) - GROWTH

WORK (APR 2010)

(a) This clause applies to Additional Item Requirements (AIR), also known as growth and emergent work ordered by the Contracting Officer pursuant to the Changes—Ship Repair clause or mutually agreed upon by the parties. The contractor shall perform AIR at the labor billing rates designated in the Schedule, as described in paragraph (c) of this clause. The AIR handling fee designated in the Schedule shall be the sole fee used for direct material purchases and subcontractor handling. The estimated quantity of labor hours and handling fees represent the Government's best estimate for growth that may be required throughout the contract performance period. All growth work shall be paid at the prices stated in the Schedule.

(b) The contractor shall take into account the potential for ordering all estimated AIR quantities in developing the Production Schedule. The ordering of any portion of the AIR quantities does not in itself warrant an extension to the original contract completion date; however, for planning purposes, the Government anticipates ordering AIR in accordance with the following schedule:

(1) No more than 75% of the hours during the first half of the contract period of performance.

(2) No more than 50% of the hours during the third quarter of the contract period of performance.

(3) No more than 30% of the hours during the fourth quarter of the contract period of performance.

(c) The AIR labor rate shall be a flat, hourly rate to cover the entire effort and shall be burdened to include:

(1) Direct production labor hour functions only. Direct production labor hours are hours of skilled labor at the journeyman level expended in direct production. Direct production is defined as work performed by a qualified craftsman that is directly related to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. The following functions are identified as direct production: Abrasive Cleaning/Water Blasting, Tank

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Cleaning, Welding, Burning, Brazing, Blacksmithing, Machining (inside and…