Solicitation_Sections_B-E_7_30_15.pdf

RA-133W-15-RP-0130

SECTION B – STATEMENT OF WORK

1.0 INTRODUCTION

1.1 Background

NEXRAD (Next-Generation Weather Radar) is a network of high-resolution Doppler weather radars operated by the National Weather Service (NWS), Federal Aviation Administration (FAA) and U. S. Air Force (USAF). NEXRAD detects weather events and is the primary detection system used by the NWS to support issuance of severe weather warnings, and is used by the FAA and USAF to support safety of flight operations. The Weather Search Radar – 88 Doppler (WSR-88D) Radar Operations Center (ROC) is responsible for complete life-cycle support of the radar network including system engineering, configuration management, and logistics analysis and support.

1.2 Purpose

The National Weather Service recently embarked upon a Receiver/Signal Processor upgrade that is scheduled for deployment beginning in June 2016. Most of the design elements are Commercial Off The Shelf (COTS) products. However, as part of this upgrade the NWS removed several obsolete design elements and replaced their functionality through the development of a new component known as the WSR-88D Signal Processor Interface Panel (SPIP). The design of the SPIP was performed by VAISALA, Inc. under contract to the Government. The Government owns all data rights related to this design and is contracting the manufacture of 200+ units as defined in this Statement of Work (SOW).

Figure 1: Receiver/Signal Processor Sub-System Interfaces

2.0 SCOPE OF WORK

The Government is seeking a manufacturer capable of producing the WSR-88D SPIP in accordance with the design documentation provided in Appendix A of Attachment 1.

2.1 CLIN 0001: SPIP First Production Article (FPA) Delivery

The First Production Article (FPA) includes delivery of 2 SPIP units produced using vendor established production processes (i.e. Build, Quality Control, Acceptance Testing, etc.) as defined by the vendor’s response to this requirement. The FPA shall be delivered in the production configuration and packaged identically to those planned for delivery of

VAISALA

RVP-901

IFDR Radar Signal Processor

AC 120 VAC 60 Hz 1 Phase

Ethernet 1

COHO

H Receive V Receive

Burst Pulse Sample

Triggers

Transmitter Coax

Receiver Coax Coax

RF Generator Coax

SPIP

DB 62 DB 62

Ethernet 2 http://en.wikipedia.org/wiki/Doppler_effect http://en.wikipedia.org/wiki/Weather_radar http://en.wikipedia.org/wiki/Weather_radar http://en.wikipedia.org/wiki/National_Weather_Service

OPTION 1001. The FPAs shall each be accompanied by a full set of test and inspection documentation necessary to support the vendor’s evaluation of product compliance with all requirements (i.e. Factory Acceptance Test results). The FPAs will be extensively tested by the Government to ensure that all system requirements are met and that no unexpected results occur. The FPAs shall be delivered to the Government no later than 90 days after contract award. Government testing of the FPAs will not exceed 90 days unless significant issues are discovered which impact planned testing.

2.2 OPTION 1001: WSR-88D SPIP Full Production*

Manufacture and deliver 220 production units identical to FPA unit delivered under CLIN 0001, with any deviations approved by the Government.

*Execution of OPTION 1001 is predicated upon the successful Government testing of CLIN 0001.

2.3 OPTION 1002: WSR-88D SPIP Mezzanine Printed Circuit Boards Manufacture and deliver up to 5 Mezzanine PCBs. If exercised, this option will be funded at the same time as OPTION 1001.

2.4 OPTION 1003: WSR-88D SPIP Connector Interface Printed Circuit Boards Manufacture and deliver up to 10 Connector Interface PCBs. If exercised, this option will be funded at the same time as OPTION 1001.

3.0 Delivery Schedule

There is no design effort related to this requirement. The design has been prototyped, tested, and a small quantity of SPIPs delivered in the production configuration by the system designer. The technical data package provided is representative of the production configuration with the exception of a few minor changes (resistor value, capacitor value, etc.) that are documented in an Engineering Change Order (ECO) provided as part of the technical data package. The Government expects that the SPIPs delivered under OPTION 1001 will be delivered in several production lots as they complete the manufacturing process. In order to maintain the project deployment schedule, the Government shall receive at least 12 production units prior to April 1, 2016. The balance of deliveries under OPTION 1001 shall be delivered prior to August 1, 2016.

Delivery Schedule is negotiable but all units must be delivered no later than August 1, 2016.

4.0 Government Furnished Information (GFI)

The Government is providing a complete Design & Manufacturing data package (Appendix A) to each vendor responding to this solicitation. Vendors are expected to review the data package provided and identify any areas considered to be insufficient to support manufacture of the SPIP.

Identifying GFI deficiencies after award will not be acceptable. The Government will also provide software resident in the SPIP. Each vendor may have unique GFI requests due to their specific manufacturing and/or test processes. These requests shall be made in writing no later than the deadline for submission of questions identified in Section E.

The Government will also provide an SPIP Acceptance Test Procedure (Appendix B) used by the Government to test prototype SPIPs delivered to the Government during the design development.

This is a manual test procedure that can be automated for use in a production environment.

5.0 Government Provided Equipment (GPE)

The Government will also provide (upon request from the successful offeror) a functional SPIP to aid in the development of a manufacture and test capability for the production of the SPIP. If additional GPE is required by a vendor, the request for this equipment shall be made in accordance with Section E.

6.0 Access to Technical Data

Offerors shall request access to the technical data package located on the Accellion database by sending an email request to James.M.Williams@noaa.gov and copying Sue Bratton at sue.bratton@noaa.gov.

7.0 FOB Destination

This procurement is FOB destination, see SF1449 Block 15.

mailto:James.M.Williams@noaa.gov

SECTION C - CLAUSES

This commercial item acquisition solicitation is for Signal Processor Interface Panels, any resulting contract is subject to Federal Acquisition Regulation (FAR) Parts 12 and 13. This solicitation and resulting contract incorporates provisions and clauses in effect through Federal Acquisition Circular No. 2005-83 effective July 2, 2015.

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

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

FAR Clauses: https://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm

CAR Clauses: http://farsite.hill.af.mil/vfcara.htm

FAR 52.203-3 GRATUITIES (APR 1984)

FAR 52.203-12 LIMITATIONS ON PAYMENTS TO INFLUENCE CERTAIN

FEDEAL TRANSACTIONS (OCT 2010)

FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POST CONSUMER

FIBER CONTENT PAPER (MAY 2011)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (MAY 2015)

FAR 52.227-14 RIGHTS IN DATA - GENERAL (MAY 2014)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEC 2013)

CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

CAR 1352.201-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

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

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

https://www.acquisition.gov/far/ http://farsite.hill.af.mil/vfcara.htm

FAR 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION

2015-02) (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any Internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

(End of clause)

FAR 52.209-4 FIRST ARTICLE APPROVAL - GOVERNMENT TESTING (SEP 1989)

(a) The Contractor shall deliver 2 unit(s) within 90 calendar days from the date of this contract to the Government at Engineering Branch W/OPS43 1313 Halle Circle Norman OK 73069 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 90 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the

Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor-

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of clause)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

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

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

6101 note).

_X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C.

637(d)(2) and (3)).

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

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

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

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

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

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

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

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

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

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

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_X_ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

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

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

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

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

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

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

3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

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

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

4505, 10 U.S.C. 2307(f)).

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

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

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

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

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O.

13658).

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

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

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

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.

13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

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

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

13658).

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

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE

ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option for CLINS 1001 SPIP Full Production, 1002 SPIP Mezzanine Printed Circuit Boards, and 1003 SPIP Connector Interface Printed Circuit Boards up to nine months after delivery of CLIN 0001 SPIP First Article . Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

(b) The use in this solicitation or contract of any FAR (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

CAR CLAUSES

CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (APR 2010)

(a) The Contracting Officer’s Representative (COR), if appointed, will be identified via letter at the time of award. The COR may be changed at any time by the Government without prior notice to the contractor by issuance of a new appointment memo. The COR is located at:

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.

(End of clause)

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:

U.S. Department of Commerce National Oceanic and Atmospheric Administration Radar Operations Center 1313 Halley Circle Norman, OK 73069

LOCAL CLAUSES (Full Text)

ASSURANCE BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABLITY OR A FELONY CONVICTON UNDER ANY FEDERAL LAW (Class Deviation) (March 2015)

(1) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by Consolidated and Further Continuing Appropriations Act, 2015 and subsequent appropriations acts may be used to enter into a contract with any corporation that -

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or

(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) By accepting this award or order, in writing or by performance, the offeror/contractor assures that -

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

(b) The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of clause)

SECTION D – ATTACHMENTS

Attachment 1 – Technical Documentation (201 Documents) (Offerors must request access to Accellion via email to james.m.williams@noaa.gov)

Attachment 2 – Past Performance Questionnaire

SECTION E – PROVISIONS

FAR 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/these address (es):

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

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

FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

FAR 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS –

REPRESENTATION –(FEB 2015) (DEVIATION 2015-02)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision)

FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(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 FAR (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS (APR 2014)

The following CAR and local clauses include the evaluation criteria.

ADDITIONAL QUOTE PREPARATION INSTRUCTIONS

(a) General Instructions

Only quotes that address and meet all tasks, requirements and services set forth in this solicitation will be considered acceptable. In addition, the following instructions establish the acceptable minimum requirements for the format and content of quotes.

(1) The quote must be prepared in two parts: A technical quote and a price quote. Each of the parts shall be separate and complete in itself so that evaluation of one may be accomplished independently from evaluation of the other.

(2) The quote should be typed, double-spaced, with one inch margins, using size 12-font or equivalent, and printed, unreduced in size, on 8-1/2" by 11" paper, The technical quote shall not exceed 16 pages, single sided (8 double sided), exclusive of table of contents, and resumes. Any pages in excess of 16 will be disregarded, and will not be included in the quote evaluation.

(3) The offeror shall submit:

• Technical Quote: One (1) original and three copies plus an electronic copy, either CD or thumb drive.

• Price Quote: One (1) original and one copy

Each part shall be clearly marked by title.

Quotes shall be marked on the outside of the mailing package shall clearly identify the solicitation number, time and date for receipt of offers, and the name of the assigned contract specialist.

Offerors are responsible for submitting quotes, and any revisions, so as to reach the office identified in Block 9 of the SF-1449 by the time specified in the solicitation. Any package not marked or incorrectly marked for identification as a quote and is subsequently delivered late will not be considered for award.

Vendors are not authorized to submit quotes via email.

(4) The Government will evaluate quotes in accordance with the provisions set forth in this Section and with the evaluation criteria set forth below.

(5) Vendors shall not merely offer to perform work in accordance with the Statement of Work, but shall outline the actual work proposed as specifically as practical. The Statement of Work in Section B reflects the problems and objective of the program under consideration; therefore, repeating the Statement of Work without sufficient elaboration will not be acceptable.

(6) The Offerors shall identify and explain any exceptions or deviations taken to any part of the solicitation or conditional assumptions made with respect to the technical requirements of the solicitation. Offerors should note that taking exceptions to the Government’s requirements may indicate an unwillingness or inability to perform the contract, and the quote may be evaluated as such.

(7) Prior to submitting a quote, offerors should ensure they have completed the following:

(a) Registration in sam.gov per FAR 52.204-7 System for Award Management Registration (JUL 2013).

(b) Completed the annual representations and certification electronically via the Online Representations and Certifications Application at sam.gov.

(b) Technical Quote

Vendor should address the following in their technical quote:

Factor 1 – Technical Capability and Experience

The vendor shall fully discuss:

• their ability to provide the supplies stated in Section B and Attachment 1. Include resources available and identify any proposed subcontracting efforts, including the identification of all subcontractors and discussion of their qualifications and capabilities

• Experience completing projects of a similar nature, including discussion of the similarities and any subcontracted effort involved by company name. Test methodology and Quality

Control processes to be used to validate performance throughout the manufacturing process

Factor 2 - Schedule

The offeror shall provide a schedule of contract activities which includes the accomplishment of all CLINS.

Factor 3 Warranty The offeror shall provide warranty information including start date and terms.

Factor 4 – Past Performance

PAST PERFORMANCE EVALUATION:

The technical quote must include specific contract references which clearly addresses recently completed, similar and relevant (both Government and non-Government) contracts, subcontracts, and grants, as appropriate. The offeror should include the name of the customer, including contracting agency, address, email address, and phone number; contract number, type of contract, and dollar value; date of contract, period of performance, and place of performance;

and a brief description of contract work scope and responsibilities. This description should illustrate the similarity of the task performed in terms of scope and complexity as compared to the tasks required by this solicitation.

Attachment 2 Past Performance Questionnaire is included for your use. Provide questionnaires to all customers under similar or related contracts completed over a maximum period of 5 years or a short statement explaining the lack thereof. Include any letters or reports of work performance completed provided by a contracting agency on quality of work performed. Offerors should note that the Government expects to make use of past performance data from any available list of customers as well as other government databases such as Past Performance Information Retrieval System (PPIRS).

Offerors shall provide a listing of customers to which Past Performance Questionnaire forms were distributed. Request your customers to complete the Past Performance form and submit the form by email, fax, or mail directly to Sue Bratton, Contract Specialist, noted below.

Past Performance forms received directly from the offeror will not be considered. All Past Performance Forms must be received no later than the date that the quotation is due.

Upon completion of the form, the customer shall return it to the DOC, NOAA, Western Acquisition Division by email to: sue.bratton@noaa.gov.

Mail to: Sue Bratton, Contract Specialist (Affiliate) DOC/NOAA/Western Acquisition Division

SOU6

Boulder, CO 80305

E-mail to: sue.bratton@noaa.gov FAX to: 303-497-3163

(c) Business/Price Quote Instructions

The Government will evaluate the pricing for the quantities identified in Section B. Pricing shall be fixed price and shall be inclusive of all costs associated with the requirements identified in the statement of work. Proposed pricing must be entirely compatible with the technical quote.

Vendors must provide a price on all CLINS. The prices for the first article in relation to production quantities shall not be materially unbalanced.

The Business/Price Quote shall consist of the following solicitation sections that are required to be completed and returned:

(1) Standard Form 1449, Solicitation, Offer, and Award Form –

a. Signature Authority - The person signing the Quote Form must have the authority to commit the offeror to all of the provisions of the quote, fully recognizing that the Government has the right, by terms of the Solicitation, to make an award without discussion if it so elects.

(b) Section B, Offer Schedule

(2) Representations and Certifications

CAR 1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to:

Sue Bratton, Contract Specialist (Affiliate) DOC/NOAA/Western Acquisition Division (WAD) – Boulder Boulder, CO E-mail: sue.bratton@noaa.gov

Inquiries must be received no later than 10 days after release of the solicitation to allow time for response. Responses to inquiries received after that date, will be at the discretion of the Government. Only questions submitted by electronic mail will receive a response. Clarification responses will be provided in writing. However, questions which are determined by the Government to require a revision to the solicitation will only be addressed through the issuance of an amendment. Information provided with each question should include a document name, document date, specific page, paragraph, clause or definitive citation requiring clarification.

ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

The following CAR and local clauses include evaluation criteria and are an addendum to FAR 52.212-2.

mailto:sue.bratton@noaa.gov mailto:sue.bratton@noaa.gov

CAR 1352.213-70 EVALUATION USING SIMPLIFIED ACQUISITION PROCEDURES

(APR 2010)

(a) The Government will issue an order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government, considering both price and non-price factors. The following factors will be used to evaluate offers:

(1) Technical Capability and Experience. The offeror’s capability to successfully provide the items in Schedule B. The offeror’s experience on like projects will be evaluated to determine the relevance of corporate experience discussed and ability to successfully complete this requirement. The offeror’s production test methodology and quality control processes.

(2) Schedule. The offeror’s schedule will be evaluated to determine whether it is reasonable and executable resulting in the beginning of production deliverables in the quantities and by the dates defined in paragraph 3.0 of the SOW.

(3) Warranty. Longer proposed warranties will be rated more favorably. Warranties that begin when the SPIPs are placed into service will be rated more favorably than those that begin upon delivery.

(4) Past Performance. The offeror’s past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. Relevant and recent past performance examples submitted by each offeror will also be evaluated with consideration of how similar the scope and complexity the evaluated task was to the task being solicited.

(5) Price. Price to include all options will be reviewed to determine price fair and reasonableness for all CLINS.

CAR 1352.233-70 AGENCY PROTESTS (APR 2010)

An agency protest should be filed at a level above the Contracting Officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)

Agency protests filed at a level above the Contracting Officer shall be sent to the following address:

DOC, NOAA, WAD

Donna Michelle Warren Head of Contracting Office 7600 Sand Point Way NE

Building 1, SOU6 Seattle, WA 98115

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 DC 20230

FAX: 202-482-1711

(a) 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.

(b) 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, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

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.

(a) 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.

(b) 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, N.W.

Washington, D.C. 20230

FAX: (202) 482-5858

CAR 1352.242-70 POSTAWARD CONFERENCE (APR 2010)

A post award conference with the successful offeror may be required. If required, the Contracting Officer will contact the contractor within 10 days of contract award to arrange the conference.

FAR 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—

REPRESENTATION (DEVIATION 2015-02)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (MAR 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and…