Provisions_1333MH21QNWWT0011.pdf

DEPARTMENT OF COMMERCE PROVISIONS

CAR Provisions Incorporated By Reference

This contract incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a provision may be accessed electronically at this address: https://www.ecfr.gov/cgi-bin/text-idx?SID=45d904211412138f96678b9cc3297bdc&mc=true&tpl=/ecfrbrowse/Title48/48cfr1352_main_02.tpl

(End of provision)

1352.215-72 Inquiries (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to jen.brown@noaa.gov. Questions should be received no later than March 8, 2021. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

1352.233-70 Agency Protests (APR 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

Jen Brown

Contracting Officer

National Weather Service

Western Region Headquarters

125 South State Street, Room 1311

Salt Lake City, UT 84138

FAX: 801-524-5246

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

Barry Berkowitz

Senior Procurement Executive and

Director, Office of Acquisition Management

U.S. Department of Commerce

Room 6422

Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230

FAX: 202-482-1711

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest

Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the

General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution

Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.

1352.233-71 GAO and Court of Federal Claims Protests (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the

General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution

Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.

FEDERAL ACQUISITION REGULATION PROVISIONS

Current through FAC 2021-03, February 16, 2021

52.204-7 System for Award Management (OCT 2018)

52.212-1 Instructions to Offerors – Commercial Items (JUN 2020)

52.214-34 Submission of Offers in the English Language (APR 1991)

52.214-35 Submission of Offers in U.S. Currency (APR 1991)

52.212-2 Evaluation — Commercial Items (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Past performance

(ii) Price

(iii) Management capability, such as invoicing and communication practices, mitigation strategies in case of a shortage of supply, and providing the supply on schedule.

(Iv) Compliance with solicitation requirements

Technical and past performance, when combined, are approximately equal to price.

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

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

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.217-5 Evaluation of Options (JULY 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the

Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/far/index.html

52.252-5 Authorized Deviations in Provisions (NOV 2020)

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

(b) The use in this solicitation of any Commerce Acquisition Regulation (48 CFR Chapter 1352) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

https://www.acquisition.gov/far/index.html