DRAFT OMS Request for Proposal.pdf

U.S. Department of Commerce

Operations, Maintenance, and

Sustainment (OMS)

Indefinite-Delivery Indefinite-Quantity (IDIQ)

Draft Request for Proposal (RFP)

November 22, 2019

National Oceanic and Atmospheric Administration (NOAA)

Acquisition and Grants Office (AGO) Satellite and Information Acquisition Division (SIAD)

DRAFT

OMS Draft Request for Proposal

TABLE OF CONTENTS

SECTION B: SUPPLIES OR SERVICES AND PRICE/COST……..……………………

B.1 GENERAL………………………………………………………………………………...8

B.2 BASE AND OPTION PERIODS…………………………………………………………8

B.3 CONTRACT TYPE……………………………………………………………………….8

B.4 TASK ORDER PRICING………………………………………………………………...8

B.4.1 FIRM FIXED PRICE ORDERS…………………………………………………..8

B.4.2 TIME AND MATERIALS AND LABOR HOUR ORDERS…………………….9

B.4.3 COST REIMBURSEMENT ORDERS…………………………………………...9

B.4.4 OTHER DIRECT COSTS………………………………………………………...9

B.5 COMMERCE ACQUISITION REGULATION (CAR) CLAUSES……………………..9

B.5.1 1352.216-70 ESTIMATED AND ALLOWABLE

COSTS…………….……….……………………………………………………………...9

B.5.2 1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS……

B.5.3 1352.216-77 CEILING PRICE………………………………………………….10

B.6 NOAA ACQUISITION MANUAL (NAM) LANGUAGE INCORPORATED VIA

FULL TEXT …………………………………………………………………………………….10

B.6.1 1330-52.232-70 LIMITATION OF FUNDS ON T&M AND LABOR HOUR

CONTRACTS…………………………………………………………………………

SECTION C: DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK…

SECTION D: PACKAGING AND MARKING……………………….……………………..13

D.1 PACKAGING…………………………………………………………………………

D.2 MARKING………………………………………………………………………………13

SECTION E: INSPECTION AND ACCEPTANCE………………………..………………..14

E.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) …………...……….14

E.2 INSPECTION AND ACCEPTANCE………………………………………...………

E.3 CAR CLAUSES INCORPORATED VIA FULL TEXT……………………………

E.3.1 1352.246-70 – PLACE OF ACCEPTANCE …………...……………………….14

SECTION F: DELIVERIES OR PERFORMANCE……………………….……………

F.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) …………...……….15

F.2 COMMERCE ACQUISITION REGULATION (CAR) CLAUSES.......……......……...15

F.2.1 1352.270-70 PERIOD OF PERFORMANCE…………………………………...15

F.3 TASK ORDER PERIOD OF PERFORMANCE…...…………………...………………15

F.4 PLACE OF PERFORMANCE ………………………………………………………….15

F.5 PLACE OF DELIVERIES…………………..…………………………………………...15

F.6 NOTICE TO THE GOVERNMENT OF DELAYS……………………………………..16

SECTION G: CONTRACT ADMINISTRATION DATA………………….……………….17

G.1 ACCOUNTING AND APPROPRIATION DATA……………………………………...17

G.2 PRIMARY GOVERNMENT ROLES AND RESPONSIBILITIES…………………….17

G.2.1 1352.201-70 CONTRACTING OFFICER’S AUTHORITY…………………

G.2.2 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE…...………..17

G.2.3 TASK ORDER CONTRACTING OFFICER’S REPRESENTATIVE……...….18

G.3 CAR CLAUSES INCORPORATED VIA FULL TEXT……..……...………………… 18

G.3.1 1352.216-76 PLACEMENT OF ORDERS………………….…………………..18

G.3.2 1352.245-70 GOVERNMENT FURNISHED PROPERTY….…………...…….18

G.4 NAM LANGUAGE INCORPORATED VIA FULL TEXT ……………

G.4.1 1330-52.242-70 SUBMITTAL OF INVOICES…….…………………………...19

G.5 INTERRELATIONSHIPS OF CONTRACTORS………………...…………….………19

G.6 NON-PERSONAL SERVICES……………………………………………...…………...20

G.7 AUTHORIZATION OF GOVERNMENT PAID TRAVEL…………..………………..20

G.8 APPROVED ACCOUNTING SYSTEM REQUIREMENT……………………………20

G.9 APPROVED PURCHASING SYSTEM REQUIREMENT…..……………………..….20

SECTION H: SPECIAL CONTRACT REQUIREMENTS………………………...……….22

H.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2)………….…………22

H.2 CAR CLAUSES INCORPORATED VIA FULL TEXT……………...………………...22

H.2.1 1352.227-70 RIGHTS IN DATA, ASSIGNMENT OF COPYRIGHT………...22

H.2.2 1352.228-70 INSURANCE COVERAGE ………………………

H.2.3 1352.237-75 KEY PERSONNEL …………………………………………….24

H.3 NAM CLAUSES INCORPORATED VIA FULL TEXT……………………………….24

H.3.1 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT

RESTRICTIONS ………………………………………………………………..24

H.3.2 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT

PREVENTION AND RESPONSE POLICY……………..……………………..25

H.3.3 1330-52.237-70 CONTRACTOR COMMUNICATIONS……………………...28

H.3.4 1330-52.237-71 NOAA GOVERNMENT-CONTRACTOR RELATIONS –

NON-PERSONAL SERVICES …………….…………………………………...28

H.3.5 1330-52.237-72 CONTRACTOR ACCESS TO NOAA FACILITIES…...…….30

H.3.6 1330-52.239-170 INCIDENT/EMERGENCY MANAGEMENT ……………...32

H.3.7 1330-52.243-70 REQUESTS FOR EQUITABLE ADJUSTMENT …………

H.3.8 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE

OMBUDSMAN…………………………………………………………....…….33

H.4 AUTHORIZED CONTRACT USERS…………………………………………………..34

H.5 STANDARD OF CONDUCT AT GOVERNMENT FACILITIES…………...………...34

H.6 ADVERTISEMENTS, PUBLICIZING AWARDS, AND NEWS RELEASES…...…

H.7 CONTRACTOR EMPLOYEES’ IDENTIFICATION…………………………………..35

H.8 INCORPORATION OF SUBCONTRACTING PLAN…………………………………35

H.9 NOTIFICATION REQUIREMENTS UNDER T&M AND COST REIMBURSEMENT

CONTRACTS……………………………………………………………………………35

H.10 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE…...…………35

H.11 NOTICE OF PARTICIPATION OF NON-GOVERNMENT PERSONNEL…..……

H.12 HARMLESS FROM LIABILITY……………………………………………………

SECTION I: CONTRACT CLAUSES……………...………………………………………...38

I.1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) …………...…….…38

I.2 FAR CLAUSES INCORPORATED VIA FULL TEXT………………………………...42

I.2.1 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS………...……………………………….…………42

I.2.2 FAR 52.216-18 ORDERING …………………...……………………………...44

I.2.3 FAR 52.216-19 ORDER LIMITATIONS …………………………...………...44

I.2.4 FAR 52.216-22 INDEFINITE QUANTITY …………………………………...45

I.2.5 FAR 52.217-8 OPTION TO EXTEND SERVICES

I.2.6 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT...45

I.2.7 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS………...…

I.2.8 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES…………………………………………………………………..46

I.2.9 FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL

YEAR………………….………………………………………………………

I.2.10 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES………………….47

SECTION J: LIST OF ATTACHMENTS…………………...……………...………………..48

SECTION K: REPRESENTATIONS AND CERTIFICATIONS..………...……………….49

K.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE…………....…...49

K.1.1 FAR 52.204-8 ANNUAL REPRESENTATIONS AND

CERTIFICATIONS……………...………………………………………………49

K.1.2 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY

MATTERS……………………………………………………………………….53

K.1.3 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND

CERTIFICATION……………………………………………………………….54

K.1.4 FAR 52.230-7 PROPOSAL DISCLOSURE – COST ACCOUNTING

PRACTICE CHANGES…………….…………………………………………...57

SECTION L: INSTRUCTIONS, CONDITIONS, AND NOTICE TO OFFERORS..……..58

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE…………………………………………………………………………….58

L.2 FAR PROVISIONS INCORPORATED VIA FULL TEXT……………...…………….59

L.2.1 FAR 52.216-1 TYPE OF CONTRACT…………….……………………………59

L.2.2 FAR 52.233-2 SERVICE OF PROTEST……………...………………………...59

L.3 CAR PROVISIONS INCORPORATED VIA FULL TEXT………………...………….60

L.3.1 1352.209-70 POTENTIAL ORGANIZATIONAL CONFLICT OF

INTEREST……………………………………………………………………….60

L.3.2 1352.215-72 INQUIRIES………………………………………………………60

L.3.3 1352.233-70 AGENCY PROTESTS…………………………………………..61

L.3.4 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTEST……...61

L.4 SMALL BUSINESS CLASSIFICATION CODE……………………………………….62

L.5 NOTICE OF PARTICIPATION OF NON-GOVERNMENT PERSONNEL…...……...62

L.6 PROPOSAL PREPARATION COSTS……………...……………………………….….63

L.7 ADVISORY MULTI-STEP PROCESS……………...………………………………….63

L.8 GENERAL INSTRUCTIONS…………………………………………………………...63

L.8.1 PROPOSAL INTEGRITY……………………………………………………….64

L.8.2 FORMAT INSTRUCTIONS…………………………………………………….64

L.9 STEP 1 PROPOSAL INSTRUCTIONS……………….………………………………...65

L.9.1 SUBMISSION OF STEP 1 PROPOSAL………………………………………..65

L.9.2 FORMAT FOR STEP 1 PROPOSAL SUBMISSION…………………………..66

L.9.3 CONTENTS OF STEP 1 PROPOSAL…………………………………………..66

L.10 STEP 2 PROPOSAL INSTRUCTIONS……………………...………………………….72

L.10.1 SUBMISSION OF STEP 2 PROPOSAL………………………………………..72

L.10.2 FORMAT FOR STEP 2 PROPOSAL SUBMISSION…………………………..72

L.10.3 CONTENTS OF STEP 2 PROPOSAL…………………………………………..74

SECTION M: EVALUATION FACTORS FOR AWARD……………………..………………85

M.1 FAR PROVISIONS INCORPORATED VIA FULL TEXT……………...……………..85

M.1.1 FAR 52.217-5 EVALUATION OF OPTIONS…….…………..………………..85

M.2 EVALUATION PROCESS……………………...……………………………………

M.2.1 STEP 1 EVALUATION WITH RESULTING ADVISORY NOTICE…..……..85

M.2.2 STEP 2 EVALUATION…..……..…………………………………….……

M.3 CAR PROVISIONS INCORPORATED VIA FULL TEXT………………...………….86

M.3.1 1352.215-74 BEST VALUE DETERMINATION……..……………………..86

M.3.2 1352.215-75 EVALUATION CRITERIA……………..……………………...87

SECTION B

SUPPLIES OR SERVICES AND PRICES/COST

B.1 GENERAL

Operations, Maintenance, and Sustainment (OMS) is a single-award, Indefinite-Delivery Indefinite-Quantity (IDIQ) contract to operate, maintain, sustain, and dispose of existing legacy satellite ground systems until the next-generation ground systems and their associated observatory constellations fully transition to operations. Individual supplies and service requirements under the subject contract shall be further defined at the task order level.

The North American Industry Classification System (NAICS) code associated with this contract is 541519 – Other Computer Related Services.

B.2 ORDERING PERIOD

This contract consists of a ten (10) year base ordering period. This is not a multi-year contract as defined in Federal Acquisition Regulation (FAR) Part 17.103.

B.3 CONTRACT TYPE

The OMS single-award IDIQ contract allows for task orders to be issued on a Firm-Fixed Price (FFP), Time-and-Materials (T&M), and Cost-Reimbursable (CR) basis. Task orders may also combine more than one pricing arrangement (e.g. FFP/T&M, etc.), although separate CLINs are required for each pricing arrangement. Selection of task order contract type shall be at the full discretion of the Government.

B.4 TASK ORDER PRICING

The Contracting Officer (CO) has the authority and responsibility to determine cost or price reasonableness for task order requirements.

Some task orders may require services that do not correspond to the labor categories included in the IDIQ. Accordingly, if permitted by the task order solicitation, the Contractor may propose appropriate labor categories and labor rates necessary to meet the requirements of the solicitation despite them not being included in the IDIQ as awarded.

The CO will establish an appropriate Contract Line Item Number (CLIN) structure and identify the applicable contract type for all CLINs in each task order.

B.4.1 Firm Fixed Price Orders

Firm-Fixed-Price (FFP) orders are defined under Federal Acquisition Regulation (FAR) Subpart 16.202, Firm-Fixed-Price Contracts.

B.4.2 Time and Materials Orders

Time and Materials (T&M) orders are defined under FAR 16.601.

The Contractor may provide separate and/or blended loaded hourly labor rates at the task order level for Prime Contractor labor, each Subcontractor, and/or each Division, Subsidiary, or Affiliate in accordance with the provisions set forth in FAR 52.216-29, 52.216-30, and/or 52.216-31. The CO shall identify which provision(s) is applicable in the task order solicitation and the Contractor shall comply with the provision(s).

B.4.3 Cost Reimbursement Orders

Cost Reimbursement (CR) orders are defined under FAR Subpart 16.3, Cost-Reimbursement Contracts. The Contractor shall have and maintain an adequate accounting system that will permit timely development of all necessary cost data in the form required by the proposed contract type. The Contractor may be required to submit a cost proposal with supporting information for each cost element including, but not limited to: direct labor, fringe benefits, overhead, general and administrative expenses, material handling costs, facilities capital cost of money, other direct costs, and fee consistent with their cost accounting system, provisional billing rates, and forward pricing rate agreements.

B.4.4 Other Direct Costs

Other Direct Costs (ODCs) established on a cost-reimbursement basis, including travel costs, shall be pre-approved by the Contracting Officer Representative (COR) at the task order level and be allowable on the task order only if approved prior to the Contractor incurring these costs.

B.5 COMMERCE ACQUISITION REGULATION (CAR) CLAUSES

INCORPORATED VIA FULL TEXT

B.5.1 CAR 1352.216-70 Estimated and Allowable Costs (APR 2010)

(This clause will be filled in at the task order level when cost-reimbursement is the appropriate contract type.)

(a) Estimated Costs. The estimated cost of this task order is $___________, which consists of $___________ for reimbursable costs, and $___________ for fixed/incentive fee.

These costs shall be subject to the provisions of FAR clause 52.232-20, “Limitation of Cost,” FAR clause 52.216-7, “Allowable Cost and Payments,” and FAR clause 52.216-8, “Fixed Fee.”

(b) Subject to Availability of Funds [Insert paragraph (b) when the task order is issued subject to the availability of funds].

“The amount of funding for this task order is $___________, which consists of $___________ for reimbursable costs, and $___________ for Fixed Fee. These costs shall be subject to the provisions of FAR 52.232-22, “Limitations of Funds.”

(c) Allowable Costs.

(1) Final annual indirect cost rate(s) and the appropriate base(s) shall be established in accordance with FAR Subpart 42.7, in effect for the period covered by the indirect cost rate proposal.

(2) Until final annual indirect cost rates are established for any period, the Government shall reimburse the contractor at billing rates established by the Contracting Officer (or cognizant Federal agency official) or auditor in accordance with FAR 42.704, subject to adjustment when the final rates are established. The established billing rates are currently as follows:

------------------- [Insert billing rate]

(End of Clause)

B.5.2 CAR 1352.216-75 Minimum and Maximum Contract Amounts (APR 2010)

During the term of the OMS IDIQ contract, the Government will place orders totaling a minimum of $50,000.00. The amount of all orders will not exceed $699,500,000.

(End of clause)

B.5.3 CAR 1352.216-77 Ceiling Price (APR 2010)

(This clause will be filled in at the task order level when T&M is the appropriate contract type.)

The ceiling price of this task order is $____. The contractor shall not make expenditures nor incur obligations in the performance of this task order which exceed the ceiling price specified herein, except at the contractor's own risk.

(End of Clause)

B.6 NOAA ACQUISITION MANUAL (NAM) LANGUAGE INCORPORATED VIA

FULL TEXT

B.6.1 NAM 1330-52.232-70 NOAA Limitation of Funds on Time And Materials and

Labor Hour Contracts (MAY 2015)

(This language will be filled in at the task order level when T&M is the appropriate contract type.)

It is estimated that the total cost to the Government for the performance of this task order shall not exceed the ceiling price of _____ [Contracting Officer insert amount]. Funds in the amount of _______ [Contracting Officer insert amount] are hereby allotted. The balance of this task order’s estimated ceiling will be allotted upon availability of funds through a unilateral modification(s).

Limitation of Funds on Time-and-Materials and Labor-Hour Contracts (MAY 2015)

(a) The parties estimate that performance of this task order will not cost the Government more than the ceiling amount specified in the task order. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this task order within the ceiling amount.

(b) The Schedule specifies the amount of funds presently available for payment by the Government and allotted to this task order as well as the items covered. The parties contemplate that the Government will allot additional funds incrementally to the task order up to the full estimated cost to the Government specified in the Schedule, provided that funds become available. The Contractor agrees to perform work on the task order up to the point at which the total amount paid and payable by the Government under the task order approximates but does not exceed the total amount actually allotted by the Government to the task order.

(c) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this task order in the next 60 days, when added to all costs previously incurred, will exceed 85% of the total funded amount so far allotted to the task order by the Government. The notice shall state the additional funds required to continue performance for the period specified in the Schedule.

(d) Except as required by other provisions of this task order, specifically citing and stated to be an exception to this clause –

(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this task order; and

(2) The Contractor is not obligated to continue performance under this task order or otherwise incur costs in excess of the amount then allotted to the task order by the Government until the Contracting Officer notifies the contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this task order.

(e) Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the Schedule, unless they contain a statement increasing the amount allotted.

(f) Nothing in this language shall affect the right of the Government to terminate this task order.

If this task order is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the task order, based upon the share of costs incurred by each.

(End of Contract Language)

(END OF SECTION B)

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Government requires the services described in attachment #J-1 – OMS IDIQ Performance Work Statement (PWS).

(END OF SECTION C)

SECTION D

PACKAGING AND MARKING

D.1 PACKAGING

Unless otherwise specified, packaging of all deliverables must conform to commercial packing standards to assure safe delivery at destination. Clauses and other requirements regarding packaging shall be designated by the Contracting Officer at the task order level.

The Contractor shall furnish such labor as may be necessary for packing, unpacking and placement of equipment when in the possession of the Government without additional charge to the Government. Supervision of packing, unpacking and placement of the equipment shall be furnished by the Contractor without charge to the Government.

D.2 MARKING

All deliverables required under this contract shall be marked in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number and Contractor name.

Specific marking requirements may be addressed in individual task orders.

(END OF SECTION D)

SECTION E

INSPECTION AND ACCEPTANCE

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

This contract incorporates the following 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 can be accessed electronically at this internet address:

http://www.acquisition.gov/far/.

FAR Clause Number Title and Date 52.246-2 Inspection of Supplies – Fixed Price (AUG 1996) 52.246-3 Inspection of Supplies – Cost Reimbursement (MAY 2001) 52.246-4 Inspection of Services – Fixed Price (AUG 1996) 52.246-5 Inspection of Services – Cost Reimbursement (APR 1984) 52.246-6 Inspection – Time-and-Material and Labor-Hour (MAY 2001) 52.246-16 Responsibility for Supplies (APR 1984)

E.2 INSPECTION AND ACCEPTANCE

Inspection and acceptance of all work and services performed under each task order will be in accordance with the FAR clauses incorporated at Section E.1, Clauses Incorporated by Reference, as applicable.

Final acceptance of all deliverables and/or services performed as specified under each task order will be made in writing, at destination, by the Contracting Officer’s Representative or as detailed in individual task orders.

E.3 CAR CLAUSES INCORPORATED VIA FULL TEXT

E.3.1 CAR 1352.246-70 Place of Acceptance (APR 2010)

The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

The place of acceptance will be specified in each individual task order.

(END OF SECTION E)

http://www.acquisition.gov/far

SECTION F

DELIVERIES OR PERFORMANCE

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

they were given in full text. Upon request, the Contracting Officer will make their full text

FAR Part Title and Date 52.242-15 Stop-Work Order (AUG 1989) and ALT I (APR 1984) 52.242-17 Government Delay of Work (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991) 52.247-35 F.O.B. Destination, Within Consignee’s Premises (APR 1984)

F.2 CAR CLAUSES INCORPORATED VIA FULL TEXT

F.2.1 CAR 1352.270-70 Period of Performance (APR 2010)

(a) The base period of performance of this contract is from TBD 2021 through TBD 2031.

F.3 TASK ORDER PERIOD OF PERFORMANCE

The performance period will be specified in the task order and may include option periods. If an option is exercised, the period of performance shall be extended through the end of that option period. The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9. No task order period of performance shall exceed five years past the expiration of this

IDIQ.

F.4 PLACE OF PERFORMANCE

Place of performance shall be set forth in each individual task order.

F.5 SCHEDULE OF DELIVERABLES

(a) All deliverables, including administrative deliverables required during the period of performance of this contract, shall be in accordance with the terms and conditions of the respective task order.

(b) For purposes of delivery, all deliverables shall be made by close of business (COB) 4:30 P.M. local time at the destination, Monday through Friday, unless stated otherwise in the task order.

(c) All deliverables submitted in electronic format shall be free of any known computer virus or defects. If a virus or defect is found, the initial deliverable shall not be accepted. A replacement file shall be provided within two (2) business days after notification.

(d) Any failure of the Contractor to adhere to a delivery schedule or deliverable requirement may be reflected in the Contractor’s past performance report.

(e) Specific reporting requirements can be found in Appendix A of the PWS for each individual task order.

F.6 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or completion date, or as soon as the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer’s Representative appointed to the task order, in writing. This notification shall give pertinent details, but this data shall be informational only; this term shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

(END OF SECTION F)

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data for obligations under the contract will be set forth in individual task orders.

G.2 PRIMARY GOVERNMENT ROLES AND RESPONSIBILITIES

The following subsections describe the roles and responsibilities of individuals and authorized users who will be the primary Points of Contact (POC) for the Government on matters regarding contract administration as well as other administrative information. The Government reserves the right to unilaterally change any of these individual assignments at any time:

G.2.1 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.

G.2.2 CAR 1352.201-72 Contracting Officer’s Representative (COR) (APR 2010)

(a) To be designated at time of award is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

Address: NOAA Satellite Operations Facility (NSOF) 4231 Suitland Road Suitland, MD 20746

Phone Number:

Email:

(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.

G.2.3 Task Order Contracting Officer’s Representative (TO COR)

The Contracting Officer shall designate TO CORs for individual task orders. The TO COR will represent the Contracting Officer in administration of technical details within the scope of the task order. The TO COR is also responsible for the final inspection and acceptance of all task order deliverables and reports, and such other responsibilities as may be specified in the task order. The TO COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government.

G.3 CAR CLAUSES INCORPORATED VIA FULL TEXT

G.3.1 CAR 1352.216-76 Placement of Orders (APR 2010)

(a) The Contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Method of payment and payment office, if not specified in the contract;

(9) Any other pertinent information.

(b) In accordance with FAR 52.216-18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:

Any duly appointed NOAA/Acquisition and Grants Office (AGO) Contracting Officer, acting within the scope of their authority.

G.3.2 CAR 1352.245-70 Government Furnished Property (APR 2010)

(The Government will specify any Government furnished property at the task order level)

The Government will provide the following item(s) of Government property to the contractor.

The contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of the “Government Property” clause included in this task order.

Item No. Description Quantity Delivery date Property/Tag No. (if applicable)

G.4 NAM LANGUAGE INCORPORATED VIA FULL TEXT

G.4.1 NAM 1330-52.242-70 Submittal of Invoices (FEB 2011)

The Contractor shall prepare and submit an invoice to the Task Order COR for approval, and copy the following individuals as follows:

Contracting Officer: To be filled in at the task order level Contract Specialist(s): To be filled in at the task order level IDIQ Contracting Officer Representative (COR): To be filled in at the task order level

All invoices shall be submitted by the 10th day of the subsequent month.

To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232- 26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies. If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.

G.5 INTERRELATIONSHIPS OF CONTRACTORS

Department of Commerce (DOC), NOAA, and/or other Government agencies may have entered into contractual agreements in order to provide professional services requirements separate from the work to be performed under this contract. Further, DOC, NOAA, and/or other Government agencies may extend these existing agreements, or enter into new agreements. The Contractor may be required to coordinate with other such Contractor(s) through the cognizant Contracting Officer and/or designated representative in providing suitable, non-conflicting technical and/or management interfaces and in avoidance of duplication of effort.

G.6 NON-PERSONAL SERVICES

No personal services, as defined by subpart 37.104 of the FAR, shall be performed under the subject contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

The Contractor shall not perform any inherently governmental functions under this contract. No Contractor employee shall represent themselves to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties or other Government employees, in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work.

In all communications with other Government agencies, the Contractor employee shall state that he/she has no authority to in any way change the contract. If any Contractor believes that a communication is a direction to change its contract, he or she should notify the Contracting Officer and not carry out the direction until a clarification has been issued by the Contracting Officer. The Contractor shall ensure that all of its employees and consultants working on the subject contract are informed of the substance of this section. Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this section shall be included in all subcontracts at any tier.

G.7 AUTHORIZATION OF GOVERNMENT PAID TRAVEL

Travel under individual Task Orders must be deemed necessary and authorized by the Task Order COR prior to the date of travel in order to be paid for by the Government. The Contractor will be reimbursed for transportation expenses in accordance with procedures established in the Federal Travel Regulations (FTR). No profit or indirect costs shall be added to costs incurred for travel.

G.8 APPROVED ACCOUNTING SYSTEM REQUIREMENT

The Contractor shall maintain an approved accounting system in accordance with FAR 16.301- 3(a)(3) for the life of this contract to support the use of cost type contracts at the Task Order level.

G.9 APPROVED PURCHASING SYSTEM REQUIREMENT

The Contractor shall maintain an approved purchasing system throughout the period of performance of this IDIQ contract in accordance with FAR 44.3. Additionally, the Contractor’s purchasing system shall support subcontractor competitions at the Task Order level.

(END OF SECTION G)

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SECTION H

SPECIAL CONTRACT REQUIREMENTS

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

they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text can be accessed electronically at this internet address:

http://www.acquisition.gov/far/.

Commerce Acquisition Regulation (CAR) provisions and clauses are located at 48 CFR Chapter 13.

CAR Clause

Number Title and Date

1352.208-70 Restrictions on Printing and Duplicating (APR 2010)

1352.209-72 Restrictions Against Disclosure (APR 2010)

1352.209-73 Compliance With the Laws (APR 2010)

1352.209-74 Organizational Conflict of Interest (APR 2010)

1352.216-74 Task Orders (APR 2010)

1352.228-71 Deductibles Under Required Insurance Coverage – Cost Reimbursement (APR 2010)

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

1352.228-76 Approval of Group Insurance Plans (APR 2010)

1352.231-71 Duplication of Effort (APR 2010)

1352.237-70 Security Processing Requirements – High or Moderate Risk Contracts (APR 2010)

1352.237-73 Foreign National Visitor and Guest Access to Departmental Resources (APR 2010)

1352.239-72 Security Requirements for Information Technology Resources (APR 2010)

H.2 CAR CLAUSES INCORPORATED VIA FULL TEXT

H.2.1 CAR 1352.227-70 Rights in data, assignment of copyright (APR 2010)

In accordance with 48 CFR 52.227–17, Rights in Data—Special Works, the contractor agrees to assign copyright to data, including reports and other copyrightable materials, first produced in performance of this contract to the United States Government, as represented by the Secretary of Commerce.

H.2.2 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 in the amount of $0.00.

(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.

H.2.3 CAR 1352.237-75 Key Personnel (APR 2010)

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

All Key Personnel will be identified at the Task Order Level

(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 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 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

H.3 NAM LANGUAGE INCORPORATED VIA FULL TEXT

H.3.1 NAM 1330-52.203-71 Notice of Post-Government Employment Restrictions (OCT 2015)

By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in:

(a) 41 U.S.C. § 2103 regarding contacts between a federal employee working on a procurement and an offeror about prospective employment;

(b) 18 U.S.C. § 207 regarding the restrictions on former federal employees having contact with a federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a federal employee or for which the former federal employee had official responsibility;

(c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former federal agency on behalf of another person or entity concerning any official matter; and

(d) 41 U.S.C. § 2104 regarding the restrictions on a former federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor.

H.3.2 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, 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 Contracting Officer’s Representative (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.

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

2. 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).

4. 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.

i. 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: http://www.ago.noaa.gov/quicklinks/harassment_training.html. The website will also provide training 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.

ii. 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.

iii. 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.

iv. 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.

5. 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 http://www.ago.noaa.gov/quicklinks/harassment_training.html https://www.noaasashhelpline.org/

(d) Confidentiality.

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.

H.3.3 NAM 1330-52.237-70 Contractor Communications

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

1. Included in NOAA’s locator, and

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

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

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

H.3.4 NAM 1330-52.237-71 NOAA Government-contractor Relations – Non-Personal

Services (SEPT 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…