RFP 1305M223RNCNM0026 VFROSS_9-27-23.pdf

REQUEST FOR PROPOSAL

1305M223RNCNM0026

National Ocean Service, Office of National Marine Sanctuaries Vessel and Field Research Operations

Support Services

U.S. Department of Commerce National Oceanic and Atmospheric Administration

Eastern Acquisition Division 601 E 12th Street, Room 1734

Kansas City, MO 64106.

September 2023

TABLE OF CONTENTS

Section Title Page

A Standard Form (SF) - 1449 03

B Continuation of SF- 1449 04

C Contract Clauses 07

D List of Contract Documents, Exhibits and Attachments 30

E Solicitation Provisions 31

SECTION A – STANDARD FORM – 1449

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

NC-NM6000-23-00038

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

1305M223RNCNM0026

6. SOLICITATION

ISSUE DATE

SEP 27, 2023

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

SARAH APPLEMAN

Sarah.Appleman@noaa.gov

b. TELEPHONE NUMBER (no collect calls)

816-426-7270

8. OFFER DUE DATE/

LOCAL TIME

OCT 26, 2023

2:00 PM CT

9. ISSUED BY CODE AJ930073

ACQUISITION AND GRANTS OFFICE

EAD-KANSAS CITY (CONTRACTS)

601 EAST 12TH STREET STE 1756

KANSAS CITY MO 64106

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 %FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN- OWNED

SMALL BUSINESS PROGRAM

HUBZONE SMALL NAICS:

BUSINESS EDWOSB 541990

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8(A) $19.5 Million

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE NCND600

NMSP/W COAST REGIONAL OFFICE

99 PACIFIC STREET

BLDG. 100 - SUITE F

MONTEREY CA 93940

16. ADMINISTERED BY CODE

See Block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

TELEPHONE NO:

18a. PAYMENT WILL BE MADE BY CODE AJ610031

FINANCIAL MANAGEMENT DEV

7600 SAND POINT WAY NE

SEATTLE WA 98115-6349

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Please see Reference Section B – Price Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 & 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1 COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO

FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SINGATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

PARTIAL FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42 a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL

CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

SECTION B – CONTINUATION OF SF 1449

SCHEDULE OF SUPPLIES/SERVICES

1. This acquisition will be competed as a 100% Service-Disabled Veteran-Owned Small Business set-aside utilizing Federal Acquisition Regulation Part 12, Acquisition of Commercial Items utilizing the procedures in FAR Part 15, Contracting by Negotiation.

2. The contractor shall perform all work in accordance with the specification titled “ONMS VFROSS Performance Work Statement” (Attachment D.1).

3. This solicitation is a Request for Proposal (RFP). See Section E, Solicitation Provisions, for instructions regarding submission of offers and the evaluation factors for award.

4. This acquisition is being solicited as a Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside. The applicable NAICS code is 541990, which has a corresponding size standard of $19.5M.

5. Federal Acquisition Regulations (FAR), Commerce Acquisition Regulations (CAR), and the NOAA Acquisition Manual (NAM) provisions and clauses that are included in this solicitation are annotated by the applicable acronym.

6. In accordance with CAR 1352.216-75, Minimum and Maximum Contract Amounts, during the term of the contract, the Government shall place orders totaling a minimum of $5,000.00.

7. The Price portion of the RFP shall be completed using the provided Job Descriptions found in “ONMS VFROSS Performance Work Statement” (Attachment D.1), Base Contract Pricing Worksheet (Attachment D.2) and Wage Determination (Attachment D.3). Pricing rates shall reflect actual prices without the use of rounding or weighting formulas and the submission of the Schedule of Prices shall not be locked.

8. Award will result in the issuance of a single Indefinite Delivery-Indefinite Quantity (IDIQ) contract with a maximum ordering value of $49.9M.

Item Number

Supplies/Services QTY Unit Unit Price $ Amount $

Ordering Periods 1-5 – Date of Award to Five Years After

Under this Indefinite Delivery, Indefinite Quantity contract, the Contractor shall furnish services as described in the Attachment D.1 Performance Work Statement (PWS). The Contractor shall provide fully loaded fixed hourly rates required for the labor categories noted within the Price Schedule. Labor requirements shall be specified by individual task orders issued in accordance with the PWS and all other terms and conditions in the contract. The rates reflected in the Price Schedule are the maximum allowable rates under the contract. Labor rates applicable to hours expended in performance of an order will be the contract rates that are in effect at the time the task order is issued. Travel expenses and other direct costs will be reimbursed on each individual task order.

VESSEL & FIELD RESEARCH

OPERATIONS SUPPORT SERVICES.

Contractor shall provide services in accordance with the attached PWS and as specified in individual task orders.

Ordering Period: 12/01/2023 to 11/30/2028.

LOT

$49,900,000.00

$49,900,000.00

SECTION C- CONTRACT CLAUSES

C.1. ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) ---ALTERNATE I

(NOV 2021))

CLAUSES INCORPORATED IBR

(A) FAR 52.202-1DEFINITIONS (JUN 2020)

(B) FAR 52.203-3 GRATUITIES (APR 1984)

(C) FAR 52.203-12LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

(D) FAR 52.203-17CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

(E) FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

(F) FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

(G) FAR 52.204-13SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(H) FAR 52.204-18COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(AUG 2020)

(I) FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

(J) FAR 52.212-4CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

(K) FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY

2011)

(L) FAR 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

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

(N) FAR 52.232-11 EXTRAS (APR 1984)

(O) FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(P) FAR 52.232-40PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

(Q) FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

(R) FAR 52.242-13 BANKRUPTCY (JUL 1995)

(S) FAR 52.245-1GOVERNMENT PROPERTY (SEP 2021)

(T) FAR 52.245-9 USE AND CHARGES (APR 2012)

(U) CAR 1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

(V) CAR 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

(W) CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

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

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

(Z) CAR 1352.216-74 TASK ORDERS (APR 2010)

(AA) CAR 1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED

PRICE (APR 2010)

(BB) CAR 1352.231-71 DUPLICATION OF EFFORT (APR 2010)

(CC) CAR 1352.237-70 SECURITY PROCESSING REQUIREMENTS - HIGH OR MODERATE

RISK CONTRACTS (APR 2010)

(DD) CAR 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS

(APR 2010)

(EE) CAR 1352.237-72 SECURITY PROCESSING REQUIREMENTS - NATIONAL SECURITY

CONTRACTS (APR 2010)

(FF) CAR 1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO

DEPARTMENTAL RESOURCES (APR 2010)

CLAUSES FULL TEXT

(GG) FAR 52.216-18 ORDERING (AUG 2020)

(a)Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award through five years after the date of award.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

(HH) FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) "Minimum order." When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) "Maximum order." The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $5,000,000.00

(2) Any order for a combination of items in excess of $49,900,000.00 or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor`s intent not to ship the item

(or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

(II) FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor`s and Government`s rights and obligations with respect to that order to the same extent as if the order were completed during the contract`s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 90 calendar days of the established completion date in any/all subsequent task order(s).

(JJ) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of expiration of the current performance period.

(KK) 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:

Federal Acquisition Regulation (FAR) - http://farsite.hill.af.mil/vmfara.htm Commerce Acquisition Regulation (CAR) – http://farsite.hill.af.mil/vmcara.htm

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

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

NOAA ONMS WCR

99 Pacific St., STE 100F http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmcara.htm

Monterey, CA 93940 Phone Number: 831-647-6453 Email: dave.lott@noaa.gov

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions.

Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(MM) CAR 1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)

During the term of the contract, the Government shall place orders totaling a minimum of $2,500.00. The amount of all orders shall not exceed $49,900,000.00.

(NN) CAR 1352.216.76 PLACEMENT OF ORDERS (APR 2010)

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

(1) Date of order;

(2) Contract number and order number;

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

(4) Delivery or performance date;

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

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

(7) Accounting and appropriation data;

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

(9) Any other pertinent information.

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

(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is N/A.

(End of Clause)

(OO) CAR 1352.228-70 INSURANCE COVERAGE (APR 2010)

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

(b) General liability.

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

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $0.00.

(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

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

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

(End of clause)

(PP) CAR 1352.228-70 INSURANCE COVERAGE (ADDENDUM)

In additional to the insurance coverage levels required in CAR 1352.228-70, the contractor is required to provide certificates of insurance for the entire period of performance of the contract with the following minimum coverages:

(a) Marine Employers Liability general aggregate $1,000,000;

(b) Marine General Liability aggregate $2,000,000;

(c) US Longshoremen and Harborworkers Act coverage general aggregate $1,000,000

(End of Clause Addendum)

(QQ) CAR 1352.237-74 PROGRESS REPORTS (APR 2010)

The contractor shall submit, to the Government, a progress report every one month(s) after the effective date of the contract, and every one month thereafter during the period of performance. The contractor shall deliver progress reports that summarize the work completed during the performance period, the work forecast for the following period, and state the names, titles and number of hours expended for each of the contractor´s professional personnel assigned to the contract, including officials of the contractor.

The report shall also include any additional information--including findings and recommendations -- that may assist the Government in evaluating progress under this contract. The first report shall include a detailed work outline of the project and the contractor´s planned phasing of work by reporting period.

(End of Clause)

(RR) CAR 1352.237-75 KEY PERSONNEL (APR 2010)

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

Project Manager(s): TBD

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

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

(End of Clause)

(SS) CAR 1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

The Government will provide the following item(s) of Government property to the contractor. The contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of the "Government Property" clause included in this contract.

Item No. (TBD at task order level) Description (TBD at task order level) Quantity (TBD at task order level) Delivery Date (TBD at task order level) Property/Tag Number (if applicable) (TBD at task order level)

(End of clause)

(TT) 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: designated at the task order level

(End of clause)

(UU) CAR 1330-52.203-70 SCIENTIFIC INTEGRITY AND RESEARCH MISCONDUCT

(a) Definitions. As used in this solicitation and contract language:

Scientific activities mean activities that involve inventorying, monitoring, observations, experimentation, study, research, integration, modeling, and scientific assessment.

Scientific integrity means the condition resulting from adherence to professional values and practices when conducting and applying the results of science that ensures objectivity, clarity, and reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism, interference, censorship, and inadequate procedural and information security.

Presentation of scientific activities results includes the analysis, synthesis, compilation, or translation of scientific information and data into formats for the use of the Department of Commerce or the United States of America.

Scientific and Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing scientific and research activities, or in the products or reporting of the results of these activities. It specifically includes intentional circumvention of the integrity of the scientific and research process and actions that compromise that process, but does not include honest error or differences of opinion.

Investigation is formal collection and evaluation of information and facts to determine if scientific or research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action

(b) General Guidelines

(1) Maintaining Integrity. The Contractor shall maintain the scientific integrity of research performed pursuant to this contract award including the prevention, detection, and remediation of research misconduct, and the conduct of inquiries, investigations and adjudications of allegations of research misconduct.

(2) In performing or presenting the results of scientific activities under the contract, and in responding to allegations of scientific and research misconduct, the Contractor shall comply with the solicitation and contract language herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto.

(3) Primary Responsibility. The Contractor shall have the primary responsibility to prevent, detect, and investigate allegations of scientific and research misconduct. Unless otherwise instructed by the contracting officer, the Contractor shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so.

(4) By executing this contract, the Contractor provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation and reporting of such misconduct.

(5) The Contractor shall insert the substance of this provision in subcontracts at all tiers that involve research being performed under this contract.

(c) Investigating Misconduct Research

(1) Initiating Investigation. If the Contractor determines that there is sufficient evidence to proceed to an investigation, it shall notify the contracting officer and, unless otherwise instructed, the Contractor shall:

(A) Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted.

(B) If the investigation leads to a finding of scientific and research misconduct, obtain adjudication by a neutral third party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions.

(2) Finalizing Investigation. When the investigation is complete, the Contractor shall forward to the contracting officer a copy of the evidentiary record, the investigative report, any recommendations made to the Contractor’s adjudicating official, the adjudicating official’s decision and notification of any corrective action taken or planned, and the subject’s written response (if any).

(d) Findings and Corrective Actions

(1) If the Contractor finds that scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall:

(i) Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, and

(ii) Coordinate remedial action with the contracting officer.

(e) Department of Commerce Actions

(1) The Department of Commerce may accept the Contractor’s findings or proceed with its own investigation, in which case the Contractor shall fully cooperate with the investigation. The contracting officer will inform the Contractor of the Department’s final determination.

(2) The Department of Commerce reserves the right to pursue such remedies and other actions as it deems appropriate, consistent with the terms and conditions of the contract and applicable laws and regulations. Such remedies and actions may include, but are not limited to, disallowance of costs, recoupment of contract payments, and suspension or debarment.

(VV) NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT

RESTRICTIONS (OCT 2015)

By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them.

Such restrictions include, but are not limited to, those set forth in:

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

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

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

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

(End of clause)

(WW) NAM 1330-52.208-70 SUBCONTRACTING WITH ABILITYONE NONPROFIT

ORGANIZATIONS (DEC 2022)

NOAA recognizes and appreciates the value and talent that people with disabilities bring to our workplaces. The Committee for Purchase From People Who Are Blind or Severely Disabled (AbilityOne Program) is one of the United States’ largest sources of employment for people who are blind or have significant disabilities, employing more than 40,000 individuals, including approximately 2,500 veterans.

Approximately 450 nonprofit organizations employ these individuals who provide quality products and services to the Federal Government totaling nearly $4 billion each year. Contracting with AbilityOne nonprofit organizations provides veterans and individuals who are blind or have significant disabilities more opportunities to work, lead independent lives, serve in their communities, and contribute to the strength of our Nation’s economy.

This contract action is identified as including opportunities for subcontracting. The statutory obligation for Government agencies to satisfy their requirements for supplies or services available from the AbilityOne Program also applies when contractors purchase the supplies or services for Government use.

For this contract action (contracting officer select one):

□ A subcontracting plan is required. The contractor shall include AbilityOne as a separate goal on the subcontracting plan. This line must be reported in the Electronic Subcontracting Reporting System (eSRS) under Large Business. AbilityOne will give Other Than Small Business credit on subcontracting plans.

X A subcontracting plan is not required. The contractor should consider subcontracting with AbilityOne nonprofit organizations to the maximum extent practicable and allowable consistent with other statutory and regulatory requirements applicable to the acquisition.

To engage with an AbilityOne Contractor (Non-Profit Agency) for subcontracting opportunities, the prime contractor should include the following information in an email to primecontractor@abilityone.org:

a) Solicitation number

b) Copy of the performance work statement or scope of work

c) Identification of work that will be set aside for AbilityOne

d) Estimated annual value of work for AbilityOne

e) Prime contractor point of contact email address, phone number, name, and title

(XX) NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT. 2005)

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

Item Description Quantity Due Date Deliver To Reference

Contractor Code of Business Ethics and Conduct

Contractor shall disclose any credible evidence if a principal, employee, agent, or subcontractor of the Contractor has committed false claims/fraud related to this contract.

As Required As Required

Office of the Inspector General with a copy to the Contracting Officer

(CO)

FAR clause 52.203- 13(b)(3)(i)

Service Contract Reporting Requirements

Shall be completed on an annual basis.

See Description Annually

Complete online in SAM via:

www.sam.gov

FAR clause 52.204-15

Offeror Representations and Certifications

Offeror shall complete required representations and certifications and provide a statement indicating whether they are or are not registered and active in SAM.

One

Upon submission of proposal and yearly thereafter

Complete online in SAM via:

www.sam.gov

FAR

provision 52.212-3, FAR clause 52.212-4(v)

Invoices

Invoices shall be submitted in accordance with the terms specified at the task order level.

See Description

See Description

Submit electronically via:

https://www.ipp.go v

NAM clause 1330-52.232-

VETS-4212 Shall be completed on an annual basis.

See Description Annually

Complete online via:

https://www.dol.go v/agencies/vets/pro grams/vets4212

FAR clauses 52.212-5 and 52.222-37

Restrictions Against Disclosure

Contractor shall provide signed acknowledgement within 5 days of contract award.

One Within 5 days of contract award

COR with copy to the CO

CAR clause 1352.209-72

Certificate of Insurance

Offeror shall include with technical proposal and annually thereafter.

See Description

See Description

COR with copy to the CO

CAR clause 1352.228-70 and clause addendum mailto:primecontractor@abilityone.org http://www.sam.gov/ http://www.sam.gov/ https://www.ipp.gov/ https://www.ipp.gov/ https://www.dol.gov/agencies/vets/programs/vets4212 https://www.dol.gov/agencies/vets/programs/vets4212 https://www.dol.gov/agencies/vets/programs/vets4212

Security Processing Requirements

All contractor (and subcontractor) personnel proposed to be employed under this contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Federal facility. See CAR clause 1352.237-70(d) for additional details.

See Description

To be initiated within 5 days of contract award

COR with copy to the CO

CAR clauses 1352.237-70, -71, -72, and -73.

Progress Reports Monthly reports shall be with each invoice

See Description Monthly COR with copy to the CO CAR clause 1352.237-74

Sexual Assault and Sexual Harassment Prevention and Response Training

See referenced clauses See References

Within 30 days of contract award and annually thereafter

COR with a copy to the CO

NAM clauses 1330-52.222- 70 and -71

Cloud Services

Several security requirements apply should the Offeror propose any cloud services to be implemented in the course of performance. Refer to Section 5.0 of the PWS for additional details.

As Required As required and annually thereafter

COR with a copy to the CO

PWS Section 5.0

(YY) NAM 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARRASSMENT

PREVENTION AND RESPONSE POLICY (MAY 2018)

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

(a) Definitions.

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

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

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

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

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

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

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

(b) Requirements.

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

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

3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the Contracting Officer's Representative (COR), subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6,.07, Reporting from Remote Locations.

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

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

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

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

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

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

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

http://www.noaa.gov/

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

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

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

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

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

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

Phone: 1-866-288-6558 Website & Online Chat: http://NOAASASHHelpline.org Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores) Text: (202) 335-0265

(d) Confidentiality.

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

(e) Remedies.

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

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

2. Requiring the Contractor to terminate a subcontract;

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

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

5. Suspension or debarment; or

6. Other appropriate action.

(End of clause)

(ZZ) NAM 1330-52.222-71 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT

PREVENTION AND RESPONSE POLICY APPLICABLE TO CREW MEMBERS OF

VESSELS UNDER NOAA CONTRACT OR ORDER (MAY 2018)

(a) General Policy.

In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy, it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NAO 202-1106 prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for NOAA. The NAO http://noaasashhelpline.org/ includes NOAA's mandatory requirements for completion of sexual assault and sexual harassment prevention and response training. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract or order.

In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment prevention.

(b) Applicability.

The policy set forth in NAO 202-1106 applies to all contractor employees identified as crew members on vessels secured for use under a NOAA contract or order. Prior to performance, the contractor shall provide all contractor employee crew members an awareness briefing on the requirements of the NAO and a copy of or access to a copy of the NAO. All contractor employee crew members must comply with the NAO, which includes completion of the mandatory training provided by NOAA as described in (d) below.

The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract for services involving the use of vessels so that it is binding on each subcontractor.

(c) Definition.

Contractor Employees - As used this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members.

(d) Mandatory Training.

1. Completion of initial mandatory sexual assault and sexual harassment prevention and response training is required for all contractor employees identified as crew members in performance of this contract or order, in accordance with NAO 202-1106. This training will be provided by NOAA.

a. The training will include by-stander intervention training and specific steps on how to prevent and report sexual assault and sexual harassment, as well as training on drug and alcohol awareness in the workplace. The training will typically be provided within two (2) hours of the vessel's departure from port.

b. A copy of NAO 202-1106 will be provided to each crew member upon initial boarding of the vessel.

Each crew member must sign a form managed by the vessel's Commanding Officer/Operations Officer verifying they have received and will comply with the NAO in its entirety.

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

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

Requiring the Contractor to terminate a subcontract;

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

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

Suspension or debarment; or Other appropriate action.

2. For vessels at sea for more than 12 months, annual sexual assault and sexual harassment training, provided by NOAA, will be required pursuant to NAO 202-1106. The specific format of the training will depend on the availability of resources (e.g. internet access).

(e) Reporting Incidents of Sexual Assault/Sexual Harassment.

Contractor employee crew members should refer to NAO 202-1106, Section 6, Reporting Incidents of Sexual Harassment or Sexual Assault, at .07, Reporting from Remote Locations, when reporting incidents of sexual assault or sexual harassment.

(f) Remedies.

In addition to other remedies available to the Government, contractor employee violations of NAO 202-1106 or other Federal requirements (e.g., law, statutes, executive orders, code, rules, or regulations) applicable to sexual assault and sexual harassment may result in:

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

2. Requiring the Contractor to terminate a subcontract;

3. Suspension of contract payments until the…