Request for Quotations--1332KP23QNEEB0005.pdf

Request for Quotations (RFQ) #1332KP23QNEEB0005

INTRODUCTION:

This Request for Quotation 1332KP23QNEEB0005 is for the purchase of one (1) Wood Chipper with Fuel Tank and One-Year Warranty (at minimum).

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in FAR Subpart 12.6 and FAR Subpart 13.1, as supplemented with additional information included in this notice/announcement. This notice/announcement constitutes the only solicitation; quotes are being requested and a separate solicitation will not be issued.

This solicitation document incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2023-04 effective 06/02/2023.

This is a set aside for Small Business Concerns using North America Industrial Classification System (NAICS) Code 423810 and the small business size standard is no more than 250 employees.

Please read through this RFQ in its entirety before responding. In particular, pay close attention to the technical requirements described in Part 2 (page 2) and the instructions, conditions, and notices to quoters (pages 17-19). Please direct any questions or comments to the Contract Specialist (jane.bu@noaa.gov) no later than 10 pm U.S. Eastern Time on Wednesday, August 9, 2023.

NOTE: Parts 1 through 7 will be included in the purchase order award.

Part 1: Price Schedule Firm-Fixed-Price (FFP)

CLIN Description Contract

Type Quantity

Unit of

Issue

Unit Price

Extended Price

Wood chipper including any physical components necessary to meet the Part 2 technical specifications.

FFP 1 Lot

(To be completed at time of award)

(To be completed at time of award)

Shipping and handling costs COB 1300 Eisele Road, Fairbanks AK.

FFP 1 Lot

(To be completed at time of award)

(To be completed at time of award)

Warranty FFP 1 Lot

(To be completed at time of award)

(To be completed at time of award)

PART 2: STATEMENT OF NEED

PURPOSE:

The Fairbanks Command and Data Acquisition Station (FCDAS) is National Oceanic and Atmospheric Administration (NOAA)’s primary satellite ground station for downloading data from and sending commands to polar orbiting satellites.

FCDAS is located at 1300 Eisele Road, Fairbanks AK and encompasses 8,000 acres of federal land. FCDAS grounds maintenance requires removal of at least 3,000 trees and large quantity of brush in the near future. FCDAS requires the purchase of one (1) high capacity, portable, liquid fuel wood chipper to achieve its grounds maintenance goals.

TECHNICAL SPECIFICATIONS:

Qty. one (1) of Gasoline or Diesel Powered Wood Chipper with Fuel Tank.

Minimum one (1) Year Product Warranty

At least one (1) authorized servicer/repairer located in Alaska.

Awardee shall make delivery to 1300 Eisele Road, Fairbanks AK within 30 calendar days of award.

Painted exterior for weather protection.

Minimum capacity of nine inches (9”) in diameter.

Equipped with Winch to support operator safety.

Remote for better control and safety shut down of chipper.

Material capacity minimum 13 in. X 20 in.

Chute Rotation minimum of 270 Deg.

Battery, 12-volt system.

Standard Gauges: Fuel, Voltage, Hour Gauge, Water Temp, Oil Pressure, Tachometer, Wheels, Tires, Fenders and Electric Breaks.

Hitch Type: Pintle and Tongue Jack

Winch Boom Structure

Relief System

Controls, Rope, Rope Minimum Pull 2000 LBS

Detachable Chain Choker.

Part 3: Inspection and Acceptance

CAR 1352.246-70 Place of Acceptance (APR 2010)

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

(b) The place of acceptance will be:

Fairbanks Command and Data Acquisition Station (FCDAS) 1300 Eisele Road Fairbanks, AK 99712

Acceptance is communicated in writing, unless otherwise indicated by the Contracting Officer, within 30 days of receipt.

(End of Clause)

Part 4: Deliveries

COB delivery of all components to FCDAS at 1300 Eisele Road, Fairbanks, AK 99712 within 30 days After Receipt of Order (ARO)/award.

Part 5: Contract Administration Data

Government POC/Contracting Officer’s Representative (COR) (To be completed at time of award)

Contracting Officer (CO) Mario Gray, CO 301-458-0018 mario.gray@noaa.gov

Contract Specialist (CS) Jane Bu, CS

(301) 628-1451 jane.bu@noaa.gov

Part 6: Special Contract Requirement

Warranty An industry standard, one (1) year warranty on all units shall be provided to guarantee against faulty design, materials, and workmanship. Vendor shall identify current location(s) for all authorized service/repair providers located in Alaska.

Warranty shall begin after government acceptance of the wood chipper.

Part 7: Clauses

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:

http://farsite.hill.af.mil/vmcara.htm; https://www.acquisition.gov/car

(End of clause)

FAR 52.212-4 Contract Terms and Conditions-Commercial Items (DEC 2022)

FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

CAR 1352.201-70 Contracting Officer's Authority

CAR 1352.209-73 Compliance with the Laws (APR 2010)

CAR 1352.209-74 Organizational Conflict of Interest (APR 2010)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 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 products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 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 (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).

X (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117- 328).

X (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) ( 41 U.S.C. 2313).

__ (11) [Reserved].

__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (14) [Reserved]

_X_ (15)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (16)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (18)

(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (19)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).

_X_ (23)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

X (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

X (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (31)

(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (32)

(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

X (33)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (36)

(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 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).

__ (37) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (38)

(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.)

__ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__(40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN

2016) (E.O. 13693).

__ (41)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (42)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (44)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

X (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (48)

(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (49)

(i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

X (50)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (51) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV

2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (64)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (NOV 2021) ( 41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117- 328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 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 and E.O. 13627).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx)

(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.

55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ACQUISITION MANUAL (NAM)

CLAUSES INCORPORATED BY FULL TEXT

NAM 1330-52.237-70 Contractor Communications

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

● Included in NOAA’s locator, and

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

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

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

(End of contract language)

NAM 1330-52.242-70 Submittal of Invoices (FEB 2011) The contractor shall prepare and submit an invoice to the COR for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.

To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies.

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

NAM 1330-52.232-72 NOAA Transition to the Invoice Processing Platform Electronic Invoicing System (Feb 2023) Beginning October 1, 2023, when NOAA implements the Department of Commerce Business Applications Solution, the Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform (the IPP) System. The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor.

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

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

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

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

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

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

Fires, floods, earthquakes, and unusually severe weather, including but not limited to snow storms, tornadoes, and hurricanes;52.204-25

Occupational safety or health hazards;

Lapse in Appropriations; or

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

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

(b) In all instances where contractors are denied access or required to vacate a NOAA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, either directly or through the contracting officer’s Representative (COR), which could include continuing on-site performance during the NOAA facility closure period;

however, if Government oversight is required and is not available, on-site performance shall not be allowed. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts, for example, performing required work off- site if possible or reassigning personnel to other activities if appropriate.

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

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

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

Forego the work; or

Reschedule the work by mutual agreement of the parties.

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

The contractor shall be responsible for notification of its employees of the NOAA facility closure to include denial of access to the NOAA facility. The dismissal of NOAA employees in accordance with statute and regulations providing for such dismissals shall not, in itself, equate to a NOAA facility closure in which contractors are denied access. Moreover, the leave status of NOAA employees shall not be conveyed or imputed to contractor personnel. Accordingly, unless a NOAA facility is closed and the contractor is denied access to the facility, the contractor shall continue performance in accordance with the contract.

Access to Government facilities and resources, including equipment and systems, will be limited and personnel necessary to administer contract performance may not be available. Generally, supply and service contracts that are funded beyond the date of the lapse in appropriation and do not require access to Government facilities, active administration by Government personnel or the use of Government resources in a manner that would cause the Government to incur additional obligations during the lapse in appropriation may continue. If a delivery date for a contract falls during the period of a lapse in appropriations, Government personnel may not be available to receive delivery. Contractors are directed to consult with a contracting officer before attempting to make a delivery. Contracting officers will be available throughout the lapse in appropriation period to provide guidance.

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

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

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

(End of Clause)

NAM 1330-52.270-304 NOAA Acquisition and Grants Office Ombudsman (OCT 2022)

(a) The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:

1. Allow contractors to better prepare for and propose on business opportunities.

2. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting.

3. Identify constraints in transparency.

(b) The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA.

(c) Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions thpe objectivity or equity of a contracting officer’s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.

(d) There are several constraints to the scope of the AGO Ombudsman’s authority, for instance:

Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A-76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates).

1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates).

2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.

3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.

4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.

5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.

6. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the U.S. Government.

7. The AGO Ombudsman is not NOAA’s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity).

(e) After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable Federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.

(f) The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.

(g) Questions regarding items (a) through (f) within this language shall be directed to ago.ombudsman@noaa.gov.

PART 8: SOLICITATION PROVISIONS; INSTRUCTIONS, CONDITIONS, AND NOTICES TO

QUOTERS; & EVALUATION OF QUOTATIONS

SOLICITATION PROVISIONS

FAR 52.252-1 PROVISIONS INCORPORATED BY REFERENCE

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): https://www.acquisition.gov

CHART FOR FAR PROVISIONS INCLUDED BY REFERENCE

FAR 52.204-7: SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

FAR 52.204-16: COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG

2020) FAR 52.204-24: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

FAR 52.204-25: Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

FAR 52.204-26: Covered Telecommunications Equipment or Service-Representation

(OCT 2020)

FAR 52.212-1: INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (MAR 2023)

FAR 52.212-3: OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

ITEMS (DEC 2022)

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:

Mario Gray Satellite and Information Acquisition Division NOAA Acquisition and Grants Office, SSMC2 1325 East West Highway, Silver Spring MD 20910

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

Rafael Rivera Director. Satellite and Information Acquisition Division 1325 East West Highway, SSMC 2 Room 11358 Silver Spring, MD 20910

(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.

(End of Provision)

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.

(End of Provision)

INSTRUCTIONS, CONDITIONS, AND NOTICES TO QUOTERS

*Please note that quoters/contractors shall complete and submit provision FAR 52.204-24, 52.204-26, 52.209-11, and 52.212-3 with the quotation if the quoter’s/contractor’s information differs from System for Award Management (SAM) representations and certifications. NOAA requests that all provisions be submitted with, and as part of, the quotation submission.

The Government contemplates awarding a Firm-Fixed-Price (FFP) Purchase Order from this solicitation.

GENERAL INSTRUCTIONS

Quoters shall examine and follow all instructions. Quoters whose quotes do not follow all instructions may be deemed “non-responsive” and disqualified from further evaluation. Quotes shall conform to solicitation provisions and be prepared in accordance with this section. To aid in the evaluations, quotes shall be neatly prepared, clearly and concisely written, properly indexed, and logically assembled. Quoters are asked to bear in mind that all material submitted should be directly pertinent to the solicitation requirements. Extraneous narratives, elaborate brochures, uninformative "Public Relations" material and so forth, shall not be submitted.

The Government considers statements that the prospective Quoter understands, can, or will comply with the specifications, or statements paraphrasing the requirements or parts thereof, to be inadequate and unsatisfactory.

The Government further considers mere reiteration of the requirements or standard reference material to be inadequate and unsatisfactory. Such inadequate and unsatisfactory responses may result in a quote being deemed unacceptable and ineligible for award.

NOAA reserves the right not to make any award as a result of this solicitation/RFQ.

NO QUOTE PREPARATION COST ALLOWED

This solicitation/RFQ does not commit the Government to pay any cost for the preparation and submission of a quote in response to this solicitation/RFQ.

QUESTIONS DUE:

10 pm U.S. Eastern Time on Wednesday, August 9, 2023

QUOTE FORMAT INSTRUCTIONS AND CONTENT

The electronic submission for each quote shall be prepared in Microsoft (MS) Office 2019 Suite or prior versions (MS Word or MS Excel where applicable) or searchable Adobe Acrobat (.pdf) format. Security permissions on the “.pdf,” “.xlsx,” and “.docx” files shall be set to allow the Government to select, cut, paste, review, and print text and graphics without the need for a password. Each email will be limited in size to 22MB or less. If multiple emails are required, the subject of the email shall specify the number and total of email submissions (e.g. 1 of 2, 2 of 2, etc.). Hard copy quotes will not be accepted.

The quote shall be submitted via electronic file and shall be clearly identified on a cover page that includes the following information:

1. Name of Quoter

2. Address

3. Unique Entity ID (UEI) Number and Commercial and Government Entity (CAGE) Code

4. Solicitation number

5. Date of Quotation

6. Name, title, phone number, and e-mail address of an Authorized Official able to legally bind the Quoter.

7. A statement certifying that the Quoter has read and agrees to comply with all of the conditions and instructions provided in this RFQ document, and any potential amendments issued without exceptions or assumptions

8. A statement certifying that the Quoter’s quote is valid through 9/20/2023.

Each Quoter’s quote MUST submit a TECHNICAL QUOTE & PRICE QUOTE:

QUOTE INSTRUCTIONS AND QUOTES DUE

Quotes are due via e-mail no later than 10 pm U.S. Eastern Time on Thursday, August 10, 2023 to jane.bu@noaa.gov and mario.gray@noaa.gov. Quotes received after the specified due date and time will be considered late and not receive any further consideration. The timestamp when the emailed quote is received by the CO/CS (aforementioned Government personnel) will be considered when determining if a quote is late.

Quoters are encouraged to request confirmation of receipt to ensure all submitted attachments were successfully received. The quote submission shall include the solicitation number in the email subject line. The email must include the name of the organization, along with the name and phone number of the individual delivering the quote.

INSTRUCTIONS FACTOR 1: TECHNICAL:

Through the submission of a quoter’s quote, the quoter shall demonstrate its ability to meet or exceed the Government’s Requirements.

Quoters responding to this solicitation/RFQ shall provide a full technical quotation including warranty and Clean on Board (COB) delivery to FCDAS, 1300 Eisele Road, Fairbanks AK. Delivery shall be coordinated with the FCDAS Technical Point of Contact.

Quoters must provide a quotation for a wood chipper that fully meets or exceeds the all required technical specifications in Part 2 OF THIS SOLICITATION/RFQ. Quoters shall provide a brochure and/or wood chipper description that demonstrates how the wood chipper meets or exceeds the required technical specifications in Part 2

OF THIS SOLICITATION/RFQ.

Quoters must provide, at minimum, a one-year warranty for a quoted wood chipper. Quoters shall provide warranty coverage information (e.g. parts are covered, any out-of-pocket costs for repairs, timeframe of coverage) and identify current location(s) of all authorized Alaska based service/repair providers for a wood chipper. Quoters are strongly encouraged to provide separate price quotation(s) for optional extended warranty and/or maintenance plan(s).

Quoters shall confirm that delivery of a wood chipper will be within 30 days After Receipt of Order (ARO)/award.

Quoters shall satisfy and adhere to all requirements of this RFQ and shall clearly indicate any assumptions that are not defined in, or directly aligned with, this solicitation/RFQ.

INSTRUCTIONS FACTOR 2: PRICE:

The Quoter shall provide pricing that is accurate/complete and reasonable.

Price Narrative:

Quoters shall provide a pricing narrative (where applicable) that provides the rationale to support the price quotation.

Accuracy/Completeness: The quoter shall ensure that its price quotation includes: 1) all required information, 2) prices and discounts (if applicable) that are clearly identified, 3) figures that are correctly calculated; and, 4) prices that are presented in the adequate format.

Reasonableness: The quoter shall ensure the reasonableness of its quoted pricing. The Government requests price discounts off the quoter’s commercial pricing.

EVALUATION OF QUOTATIONS

BEST VALUE EVALUATION

(a) Award will be made to the Quoter: whose quote conforms to the solicitation/RFQ requirements; who is determined responsible in accordance with FAR Subpart 9.1 by possessing the financial and other capabilities to fulfill the requirements of the contract; and whose quote is evaluated by an integrated evaluation of price as an evaluation factor and a non-price evaluation factor to provide the best value to the Government in accordance with the Evaluation Factors below. This best value allows the Government to award to other than the lowest-priced Quote or other than the highest technically rated Quote.

(b) The Government intends to award a single purchase order in response to this solicitation/RFQ. The Government reserves the right not to award a purchase order depending on the quality of the quotes submitted and the availability of funds.

EVALUATION PROCESS

Evaluations will be conducted in accordance with FAR Part 13. A purchase order will be awarded to the Quoter whose overall response/quotation is determined, by trade-off analysis, to represent the best value to the Government. For the purposes of this solicitation, “best value” is defined as the procurement process resulting in the most advantageous acquisition decision for the Government and is performed through an integrated assessment and trade-off analysis among the evaluation factors. The Government may elect to award to other than the lowest-priced quote or other than highest technically rated Quote, based on the results of the tradeoff analysis between price as an evaluation factor and a non-price evaluation factor. The Government intends to evaluate responses/quotations and award a single purchase order without exchanges with Quoters. Therefore, Quoters should ensure that their initial quotes constitute their best offer in terms of both price and the technical solution being quoted. However, the Government reserves the right to enter into exchanges with the apparent best value Quoter if it is deemed to be in the best interest of the Government.

EVALUATION FACTORS

The Government will use the following evaluation factors.

EVALUATION FACTOR

EVALUATION FACTOR 1: TECHNICAL.

EVALUATION FACTOR 2: PRICE.

EVALUTION FACTOR 1: TECHNICAL:

The Government will evaluate the extent to which a quoter demonstrates its ability to meet or exceed the Government’s Requirements.

The Government will evaluate the extent to which a quoter responds to this solicitation/RFQ and provides a full technical quotation including warranty and Clean on Board (COB) delivery to FCDAS, 1300 Eisele Road, Fairbanks

AK.

The Government will evaluate the extent to which a quoter provides a quotation for a wood chipper that fully meets or exceeds all required technical specifications in Part 2 OF THIS SOLICITATION/RFQ. The Government will evaluate the extent to which the quoter provided brochure and/or wood chipper description demonstrates how the quoted wood chipper (including warranty and servicing terms) provides benefits to the Government’s needs.

The Government will evaluate the extent to which a quoter confirms that delivery of a wood chipper will be within 30 days After Receipt of Order (ARO)/award.

The Government will evaluate the extent to which a quoter satisfies and adheres to all requirements of this solicitation/RFQ and clearly indicates any assumptions that are not defined in, or directly aligned with, this solicitation/RFQ; the Government will evaluate quoter provided assumptions as part of the evaluation.

EVALUATION FACTOR 2: PRICE:

The Government will evaluate the extent to which a quoter provides pricing that is accurate/complete and reasonable.

Price Narrative:

The Government will evaluate the extent to which a quoter provides a pricing narrative (where applicable) that shows the rationale to support the price quotation.

Accuracy/Completeness: The Government will evaluate the extent to which a quoter provides a price quotation which includes: 1) all required information, 2) prices and discounts (if applicable) that are clearly identified, 3)…