Combined Synopsis Soliciation_NE-EB2000-23-00847_Trane Chiller Maintenance Amendment 1.pdf

GENERAL INFORMATION

Solicitation: NE-EB2000-23-00847 AMENDMENT #1 Project: Trane Chiller Preventative Maintenance

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

proposals are being requested and a written solicitation will not be issued.

The solicitation number is NE-EB2000-23-00847 and is issued as a Request for Quote (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04.

This acquisition is not set-aside for small business. This requirement is under NAICS 238220, Plumbing, Heating, and Air Conditioning Contractors, with a small business size standard of $19.0M.

Section B lists the line item number(s) and items, quantities, and units of measure (including option(s)).

Request for Quote (RFQ), number NE-EB2000-23-00847, is for Preventative Maintenance for Trane Chillers for the National Oceanic and Atmospheric Administration’s (NOAA) National Environmental Satellite, Data, and Information Services’ (NESDIS) Office of Satellite and Product Operations (OSPO). Performance of this requirement shall take place at the Wallops Command, Data, and Acquisition Station (WCDAS) located at 35663 Chincoteague Road, Wallops Island, VA 23337.

WCDAS requires maintenance of four (4) Trane RTHD Chillers that must be maintained per the manufacturer’s specifications by factory trained and certified personnel using Original Equipment Manufacturer (OEM) parts and materials. The Trane Chillers are a critical part of the WCDAS’ chill water systems and must be able to provide cooling to the station on a 24/7 basis, as well as, during catastrophic weather events.

Please see CAR 1352.270-71 for information regarding the planned site visit for this requirement to be held on August 1, 2023. Interested offerors are encouraged to participate in the site visit.

UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

ACQUISITION AND GRANTS OFFICE

Satellite and Information Acquisition Division

Submit a complete proposal package to Contract Specialist, Angela Barlow (angela.barlow@noaa.gov) and Contracting Officer Darrin Holland (darrin.holland@noaa.gov) by 5:00 PM Eastern Time (ET) on Friday, August 11, 2023. When submitting the proposal, please include “Trane Chiller Preventative Maintenance” in the subject line.

Submit any questions related to this notice to Contracting Officer, Darrin Holland (Darrin.holland@noaa.gov) in accordance with the deadline provided in CAR 1352.270-71;

answers will be provided after the conclusion of the site visit. Please note that the Contracting Officer reserves the right to make no award under this RFQ.

We thank you for your continued support of the National Oceanic and Atmospheric Administration, and for your consideration of submitting a response to this request.

Darrin Holland Contracting Officer Satellite and Information Acquisition Division

NOAA

PART I-THE SCHEDULE

SECTION A

Solicitation/Contract Form

INTENTIONALLY LEFT BLANK

SECTION B

Supplies or Services and Prices/Costs

Order Type: The Government anticipates issuing a firm fixed-price (FFP) order for all labor, travel, and other direct costs (ODC) required in Section C, Description/Specifications/Statement of Work (SOW).

BASE PERIOD

CLIN Description Type Qty Unit Unit Price Total Price

0001 Trane Chiller Preventative Maintenance FFP 12 MO TBP* TBP*

TOTAL BASE PERIOD TBP*

OPTION PERIOD I

CLIN Description Type Qty Unit Unit Price Total Price

1001 Trane Chiller Preventative Maintenance FFP 12 MO TBP* TBP*

TOTAL OPTION PERIOD I TBP*

OPTION PERIOD II

CLIN Description Type Qty Unit Unit Price Total Price

2001 Trane Chiller Preventative Maintenance FFP 12 MO TBP* TBP*

TOTAL OPTION PERIOD II TBP*

OPTION PERIOD III

CLIN Description Type Qty Unit Unit Price Total Price

3001 Trane Chiller Preventative Maintenance FFP 12 MO TBP* TBP*

TOTAL OPTION PERIOD III TBP*

OPTION PERIOD IV

CLIN Description Type Qty Unit Unit Price Total Price

4001 Trane Chiller Preventative Maintenance FFP 12 MO TBP* TBP*

TOTAL OPTION PERIOD IV TBP*

TOTAL (BASE + ALL OPTIONS) TBP*

*TBP = To Be Proposed

SECTION C

Description/Specifications/Statement of Work

TRANE CHILLER PREVENTATIVE MAINTENANCE

1. BACKGROUND

The Wallops Command and Data Acquisition Station (WCDAS) located in Wallops Island, Virginia, has a requirement for performing preventative maintenance on four (4) Trane RTHD Chillers. These tasks shall be performed at WCDAS, 35663 Chincoteague Road, Wallops Island, VA 23337.

2. OBJECTIVES

The objective of this requirement is to obtain warranty-related services and other services for preventative maintenance of four (4) Trane RTHD Chillers to ensure the sustainment of their original design performance (ODP). The identified equipment shall be maintained as per the Original Equipment Manufacturer’s (OEM) specifications by a factory authorized servicing agent using OEM parts and materials. The identified equipment is a critical part of the WCDAS’s chill water systems and must be able to provide cooling to the station 24/7, as well as, during catastrophic weather events.

3. SCOPE

The scope of this effort includes services necessary to provide warranty-related services and other services. Services provided shall be in support of the sustainment of the four (4) Trane RTHD Chillers’ original design performance in accordance with the OEM’s specifications. The Contractor shall provide all parts, labor, laboratory analysis, and travel necessary to provide the services in support of this requirement.

Any work related to the tasks described herein shall be coordinated with the Contracting Officer’s Representative (COR) and Facilities Supervisor. Any deviation shall be made by a bilateral modification, if necessary, between the Contractor and the Government. The Contractor shall notify the COR/Facilities Supervisor of any conditions requiring repair that are discovered during preventative maintenance. Additional repair service and/or miscellaneous items that are not included in this Statement of Work shall be procured under a separate contact vehicle, if necessary.

4. REQUIREMENTS AND TASKS

In order to support the sustainment of the four (4) Trane RTHD Chillers’ original design performance, the Government requires a factory authorized servicing agent to provide the services required in this Statement of Work. The following section describes the desired performance outcomes as requirements and tasks that shall be accomplished.

4.1. REQUIREMENTS

The Contractor must have demonstrated corporate experience and provide support staff meeting the following requirements:

The Contractor shall be a factory authorized servicing agent for Trane Heavy

Commercial Air Conditioning Products and Trane Building Automation Systems

Knowledge of the OEM’s specifications of the four (4) RTHD Trane Chillers identified in this requirement.

Knowledge of the original design performance of the four (4) RTHD Trane Chillers identified in this requirement.

Knowledge of computer programing applications integral to the delivery of the requirements and tasks in this section.

The Contractor shall provide proof of Workman's Compensation and General Liability Insurance (Property) during performance of this requirement. The Contractor shall be fully liable for the conduct of their employees during the performance of this contract.

4.2. SPECIFIC TASKS

The Contractor shall provide scheduled maintenance program services and emergency services, as necessary, to support the sustainment of the original design performance of the equipment identified in this requirement. These services require coordination with the Contracting Officer’s Representative (COR) and Facilities Supervisor.

4.2.1. SCHEDULED MAINTENANCE PROGRAM

The scheduled maintenance program requires testing and inspection services, periodic maintenance services, and predictive testing and analysis services.

4.2.1.1. Testing and Inspection

The Contractor shall provide testing and inspection that includes all travel and labor required to visually inspect and test the equipment to determine its operating condition and efficiency to ensure the sustainment of the original design performance in accordance with the OEM’s specifications.

4.2.1.2. Periodic Maintenance

The Contractor shall provide periodic maintenance that includes the cleaning, aligning, calibrating, tightening, adjusting, and lubrication of equipment to ensure the sustainment of the original design performance in accordance with the OEM’s specifications. As a part of the periodic maintenance, but not limited to, the Contractor shall clean electrical contacts, and ensure all variable frequency drives are functioning properly.

4.2.1.3. Predictive Testing and Analysis

The Contractor shall perform predictive testing and analysis to ensure the sustainment of the original design performance in accordance with the OEM’s specifications.

4.2.2. EMERGENCY SERVICE PROCEDURES

The Contractor shall provide a 24/7/365 emergency response service and shall provide its complete procedure on responding to emergency and off-hour calls, including those assigned to off-hour response duty, telephone numbers, call response expectations, and problem resolution and communications. The Contractor shall provide information on how its organization typically handles unplanned failures of major systems.

5. GOVERNMENT EQUIPMENT REQUIRING SERVICES

Original Equipment Manufacturer

TRANE U.S. INC. (TRANE)

TRANE COMMERCIAL SYSTEMS

800-A BEATY STREET DAVIDSON, NC 28036

Tel (954) 499-6900

Chiller Trane CH-2 Model # RTHDUB1AXHOU Serial #AB U10B06440 Chiller Trane CH-1 Model # RTHDUB1AXHOU Serial #AB U10B06441 Chiller Trane CH-3 Model # RTHDUB2FXJOU Serial #AC U13E06052 Chiller Trane CH-4 Model # RTHDUB2FXJOU Serial #AC U13E06053

6. PERSONNEL

All personnel shall be factory authorized servicing agents for Trane Heavy Commercial Air Conditioning Products and Trane Building Automation Systems.

6.1. KEY PERSONNEL

The Contractor shall identify at least two (2) individuals with a minimum of five (5) years in the development of building controls projects. These individuals shall be competent in system design, configuration, optimization and operational sequencing.

The Contractor shall identify at least five (5) technicians with a minimum of ten (10) years’ experience in servicing chiller and cooling tower systems similar to those identified in this requirement.

7. WCDAS, NOAA AND DOC SAFETY, SECURITY AND ENVIRONMENTAL

POLICIES

The Contractor shall comply with all Station, NOAA, and DOC Safety, Security, and Environmental policies as provided by the Facilities Supervisor or as otherwise required by law, rule, or regulation.

The Facilities Supervisor shall be given advance notice of all persons planning to visit the Station while engaged in work under this requirement.

The Contractor and his/her employees shall read and understand the Station’s Visitors Policy.

Physical security requirements for Wallops site access shall be met to accommodate contractor personnel as escorted visitors in accordance to CAR 1352.237-71 Security Processing Requirements – Low Risk contracts. Any access by contractor personnel who are Foreign Nationals shall be in accordance with the requirements of CAR 1352.237-73, Foreign National Visitor and Guest Access to Departmental Resources (APR 2010).

SECTION D

Packaging and Marking

N/A

SECTION E

Inspection and Acceptance

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:

Wallops Command, Data, and Acquisition Station (WCDAS) 35663 Chincoteague Road Wallops Island, VA 23337

(End of clause)

SECTION F

Deliveries or Performance

NAM 1330-52.215-70 Schedule of Deliverables (SEP 2005)

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

Item Description Qty Due Date Deliver to Reference

All Services and Deliverables as Required in Section C

* * COR/Facilities Supervisor Section C

(End of solicitation and contract language)

CAR 1352.270-70 Period of Performance (APR 2010)

(a) The base period of performance of this contract is September 1, 2023 through July 31, 2024 (Eleven (11) months). If an option is exercised, the period of performance shall be extended through the end of that option period.

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

Period Start date End date

Option I August 1, 2024 July 31, 2025

Option II August 1, 2025 July 31, 2026

Option III August 1, 2026 July 31, 2027

Option IV August 1, 2027 July 31, 2028

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

9.

SECTION G

Contract Administration Data

Points of Contact

Contracting Officer’s Representative Name: Steven C. Schwartz E-mail: steven.c.schwartz@noaa.gov Phone: 757-824-7346 (direct)

Facilities Supervisor Name: Steven C. Schwartz E-mail: steven.c.schwartz@noaa.gov Phone: 757-824-7346 (direct)

Contracting Officer Name: Darrin L. Holland E-mail: darrin.holland@noaa.gov Phone: 301-628-1350

Contract Specialist Name: Angela Barlow E-mail: angela.barlow@noaa.gov Phone: 301-200-2212

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

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

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

(a) Steven Schwartz is hereby delegated 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:

WCDAS

35663 Chincoteague Road Wallops Island, VA 23337 E-mail: steven.c.schwartz@noaa.gov Phone: 757-824-7346 (direct) mailto:steven.c.schwartz@noaa.gov mailto:steven.c.schwartz@noaa.gov mailto:darrin.holland@noaa.gov mailto:angela.barlow@noaa.gov mailto:steven.c.schwartz@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.

SECTION H

Special Contract Requirements Contract Requirements

COMMERCE ACQUISITION REGULATION (CAR) CLAUSES INCORPORATED BY

REFERENCE

1301.670-70 Provisions and clauses. (Jan 2017) 1352.209-73 Compliance with the Laws (APR 2010) 1352.209-74 Organizational Conflict of Interest (APR 2010) 1352.239-72 Security Requirements for Information Technology Resources (APR 2010)

COMMERCE ACQUISITION REGULATION (CAR) CLAUSES INCORPORATED IN

FULL TEXT

CAR 1352.237-75 Key Personnel (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

***TO BE DETERMINED***

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least fifteen (15) working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within ten (10) working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

CAR 1352.228-70 Insurance Coverage (APR 2010)

(a) Workers Compensation and Employer's Liability. The contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General liability.

(1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property

Damage Liability Insurance shall be required.

(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage.

Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

CAR 1352.228-72 Deductibles Under Required Insurance Coverage – Fixed Price (APR 2010)

When the Government is injured, wholly or partially as a result of the contractor's actions and such actions are covered by the insurance required by 1352.228-70, Insurance Coverage, the Government is entitled to recover from the contractor the full amount of any such injury attributable to the contractor regardless of a deductible. The Contracting Officer may offset the amount of recovery against any payment due to the contractor.

CAR 1352.237-71 Security Processing Requirements – Low Risk Contracts (APR 2010)

(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of

Commerce security processing pertinent to this contract will be conducted at no cost to the contractor.

(b) Investigative requirements for Non-IT Service Contracts are:

(1) Contracts more than 180 days - National Agency Check and Inquiries (NACI).

(2) Contracts less than 180 days - Special Agency Check (SAC).

(c) Investigative requirements for IT Service Contracts are:

(1) Contracts more than 180 days - National Agency Check and Inquiries (NACI).

(2) Contracts less than 180 days - National Agency Check and Inquiries (NACI).

(d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check.

(e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have:

(1) Official legal status in the United States;

(2) Continuously resided in the United States for the last two years; and

(3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters.

(f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts.

Processing requirements for Low Risk non-IT Service Contracts are as follows:

(1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting.

(2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing.

(3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site.

(4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division (FBIN).

(5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee's Alien Registration Receipt Card number to aid in verification.

(6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility (i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date.

(g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts.

(1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85.

Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM.

(2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC.

(h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.

(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract.

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

(j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

CAR 1352.237-73 Foreign National Visitor and Guest Access to Departmental Resources

(APR 2010)

(a) The contractor shall comply with the provisions of Department Administrative Order 207-12, Foreign National Visitor and Guest Access Program; Bureau of Industry and Security Export Administrative Regulations Part 734, and [insert operating unit counsel specific procedures]. The contractor shall provide the Government with notice of foreign nationals requiring access to any Department of Commerce facility or through a Department of Commerce IT system.

(b) The contractor shall identify each foreign national who requires access to any Departmental resources, and shall provide all requested information in writing to the Contracting Officer's Representative.

(c) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

NAM 1330-52.222-70 NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy (May 2018)

In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy, it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NOAA prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, https://www.noaa.gov/organization/administration/nao-202-1106-noaa-sexual-assault-and-sexual-harassment-prevention-and https://www.noaa.gov/organization/administration/nao-202-1106-noaa-sexual-assault-and-sexual-harassment-prevention-and affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for NOAA.

(a) Definitions.

Contractor Employees - The term “contractor employees,” as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members.

Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim.

Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true:

• Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment;

• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

• The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient’s sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures.

(b) Requirements.

1. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment.

2. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor.

3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the COR, subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6.07, Reporting from Remote Locations.

4. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants’ needs are addressed.

5. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor’s written policy (where applicable).

6. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within business days [30 unless a different number is inserted] of contract award or the date a contractor employee is assigned to perform under the contract, as applicable.

Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion.

Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance.

7. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA’s Workplace Violence Program Manager. A link to the website including the required elements of the training is provided at https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial. The website will also provide training https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed.

8. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training.

9. NOAA’s Workplace Violence Program Manager, COR, or CO may periodically review the contractor’s training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor.

10. Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of NAO 202-1106.

11. The contractor shall provide a copy of this solicitation and contract language and NAO 202-1106 to contractor employees.

(c) Sexual Assault/Sexual Harassment (SASH) Helpline.

For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee.

All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week. The NOAA SASH helpline is accessible through a variety of channels, including:

• Phone: 1-866-288-6558

• Website & Online Chat: https://www.noaasashhelpline.org/

• Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores)

• Text: (202) 335-0265

(d) Confidentiality.

https://www.noaasashhelpline.org/

Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. “Confidentiality” means that the information shall only be shared with others who have a need to know the information to conduct their official duties.

(e) Remedies.

In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in:

1. Requiring the contractor to remove a contractor employee or employees from the performance of the contract;

2. Requiring the contractor to terminate a subcontract;

3. Suspension of contract payments until the Contractor has taken appropriate remedial action;

4. Termination of the contract for default or cause, in accordance with the termination clause of this contract;

5. Suspension or debarment; or

6. Other appropriate action.

NAM 1330-52.232-71 Electronic Submission of Payment Requests (FEB 2023)

The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232- 25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)).

The Contractor must include the following documents as attachments to payment requests submitted through the IPP: [Contracting Officer list required invoice attachment(s); none if left blank].

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not https://www.ipp.gov/ support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception.

NAM 1330-52.232-72 NOAA Transition to the Invoice Processing Platform Electronic Invoicing System (Feb 2023)

Beginning October 1, 2023, when NOAA implements the Department of Commerce Business Applications Solution, the Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform (the IPP) System. The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232- 25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)). All supporting documents required by the Contracting Officer must be included as attachments to payment requests submitted through the IPP.

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception.

NAM 1330-52.237-71 NOAA Government-Contract Relations – Non-Personal Services Contract (Sep 2017)

(a) The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services as defined in FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

1. Be placed in a position where they are under relatively continuous supervision and control of a Government employee.

2. Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other contractors performing under other NOAA contracts.

(c) The services to be performed under this contract do not require the contractor or the contractor’s personnel to exercise personal judgment and discretion on behalf of the Government. Rather, the contractor’s personnel will act and exercise personal judgment and discretion on behalf of the contractor.

(d) Rules, regulations, directives, and requirements that are issued by the Department of Commerce and NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(e) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies:

1. The contractor shall notify the contracting officer in writing within 5 business days from the date of any situation or occurrence where the contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance.

2. The contracting officer will review the information provided by the contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the contractor. The contracting officer’s response will provide a decision on whether the contracting officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue.

NAM 1330-52.237-70 Contractor Communications

(a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when:

● Included in NOAA’s locator, and

● When submitting any type of electronic correspondence to any NOAA employee or stakeholder.

(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.

(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.

(End of text)

NAM 1330-52.237-72 Contractor Access to NOAA Facilities (SEP 2017)

(a)

1. The performance of this contract requires employees of the prime contractor or its subcontractors, affiliates, consultants, or team members (“contractor employees”) to have access to and to the extent authorized, mobility within, a NOAA facility.

2. NOAA may close and or otherwise deny contractor employees access to a NOAA facility for a portion of a business day or longer for various reasons including, but not limited, to the following events:

i. Federal public holidays for Federal employees in accordance with 5 U.S.C. 6103;

ii. Fires, floods, earthquakes, and unusually severe weather, including but not limited to snow storms, tornadoes, and hurricanes;

iii. Occupational safety or health hazards;

iv. Lapse in Appropriations; or

v. Federal Statute, Executive Order, Presidential Proclamation, or any other unforeseen reason.

3. In such events, the contractor employees may be denied access to a NOAA facility that is ordinarily available for the contractor to perform work or make delivery, as required by the contract.

(b) In all instances where contractors are denied access or required to vacate a NOAA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, either directly or through the COR, which could include continuing on-site performance during the NOAA facility closure period; however, if Government oversight is required and is not available, on-site performance shall not be allowed. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts, for example, performing required work off- site if possible or reassigning personnel to other activities if appropriate.

(c) The contractor shall be responsible for monitoring the Office of Personnel Management at opm.gov, the local radio, television stations, NOAA web sites, and other communication channels. Once the facility is accessible, the contractor shall resume contract performance as required by the contract.

(d) For the period that NOAA facilities were not accessible to contractors who required access in order to perform the services, the contracting officer may—

1. Adjust the contract performance or delivery schedule for a period equivalent to the period the NOAA facility was not accessible;

2. Forego the work; or

3. Reschedule the work by mutual agreement of the parties.

(e) Notification procedures of a NOAA facility closure, including contractor denial of access, are as follows:

1. The contractor shall be responsible for notification of its employees of the NOAA facility closure to include denial of access to the NOAA facility. The dismissal of NOAA employees in accordance with statute and regulations providing for such dismissals shall not, in itself, equate to a NOAA facility closure in which contractors are denied access.

Moreover, the leave status of NOAA employees shall not be conveyed or imputed to contractor personnel. Accordingly, unless a NOAA facility is closed and the contractor is denied access to the facility, the contractor shall continue performance in accordance with the contract.

2. Access to Government facilities and resources, including equipment and systems, will be limited and personnel necessary to administer contract performance may not be available.

Generally, supply and service contracts that are funded beyond the date of the lapse in appropriation and do not require access to Government facilities, active administration by Government personnel or the use of Government resources in a manner that would cause the Government to incur additional obligations during the lapse in appropriation may continue. If a delivery date for a contract falls during the period of a lapse in appropriations, Government personnel may not be available to receive delivery.

Contractors are directed to consult with a contracting officer before attempting to make a delivery. Contracting officers will be available throughout the lapse in appropriation period to provide guidance.

Once OMB guidance is given, CORs, in consultation with the contracting officer, will notify those contractors that are deemed by the Program Office to be performing excepted work and identify the contractor personnel requiring access to NOAA facilities. CORs will also coordinate directly with facility management or physical security personnel at respective locations to ensure that the names of contractor personnel requiring access to

Government facilities during the lapse in appropriations are provided to physical security personnel.

Contractors who are not designated as performing excepted work are not allowed access to Government facilities or to utilize Government resources in a manner that would incur any additional obligation of funding on behalf of the Government during the lapse in appropriation.

3. Unless otherwise specified within the contract award, contractors requiring access to NOAA facilities outside normal business hours or outside the normal workweek shall submit a written request in writing through the COR to the contracting officer. The written request shall provide justification supporting the required access and be submitted 72 hours before access to the NOAA facility is needed.

NAM 1330-52.242-70 Submittal of Invoices (FEB 2011)

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

To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment;

FAR 52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232- 27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies.

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