RFP 1305M426R0011.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. 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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

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

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

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

DATED.

OFFER

ADDENDA

ADDENDA

1305M426R0011

NESDIS/HQ

1335 EAST WEST HIGHWAY

RM: 7412

SILVER SPRING MD 20910

CSAD-Pro-Tech Services

1325 EAST WEST HWY

SSMC2, RM 11323

SILVER SPRING MD 20910

CSAD-Pro-Tech Services

1325 EAST WEST HWY

SSMC2, RM 11323

SILVER SPRING MD 20910

05/22/2026 1000 ET

DANIEL OK

CSAD-PT

CSAD-PT

PAUL BATRONY

518210

$40

04/28/2026

NEEA011

Period of Performance: 09/01/2026 to

08/31/2031

0001 Indefinite Delivery, Indefinite Quantity (IDIQ) contract for the ProTech 2.0 Space-Based

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

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 AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

Environmental Monitoring (SBEM) Domain

See J.1 Statement of Work for description of services

Base Period

Product/Service Code: DF10

0002 [Minimum Guarantee Placeholder]

Product/Service Code: DF10

1001 Indefinite Delivery, Indefinite Quantity (IDIQ) contract for the ProTech 2.0 Space-Based

Environmental Monitoring (SBEM) Domain

See J.1 Statement of Work for description of services

Option Period I

(Option Line Item)

Anticipated Exercise Date: 07/31/2031

Product/Service Code: DF10

Period of Performance: 09/01/2031 to

08/31/2036

1305M426R0011 BASE

Section A - Solicitation/Contract Form Section B - Supplies or Services/Prices Section C - Description/Specifications Section D - Packaging and Marking Section E - Inspection and Acceptance Section F - Deliveries or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders Section L - Instructions, Conditions, and Notices to Bidders Section M - Evaluation Factors for Award

Section A - Solicitation/Contract Form

[See attached SF 1449]

Section B - Supplies or Services/Prices

B.1 GENERAL

The Professional, Scientific, and Technical Services Program (ProTech) 2.0 is a suite of multiple-award Indefinite Delivery, Indefinite Quantity (IDIQ) contracts currently consisting of four Domains: Satellite, Oceans, Fisheries, and Weather. These Domains provide resources in support of the National Oceanic and Atmospheric Administration (NOAA) to include its Line and Staff Offices. The National Environmental Satellite, Data, and Information Service (NESDIS) intends to establish a fifth Domain, Space-Based Environmental Monitoring (SBEM), that will provide a broad scope for the procurement of commercial SBEM Data-as-a-Service.

NESDIS’ Commercial Data Program (CDP) is soliciting proposals for a multiple-award IDIQ contract. The ceiling dollar amount for all orders under all ProTech Domains, including the SBEM Domain, is $8,000,000,000.

This contract provides services to the SBEM Domain under NAICS code 518210 - Data Processing, Hosting, and Related Services.

B.2 ORDERING PERIOD

The IDIQ contracts will have one five-year base ordering period and one five-year optional ordering period. There is no guarantee that the option will be exercised on any or all of the awarded contracts.

This is not a multiyear contract as defined in FAR 17.102.

B.3 CONTRACT TYPE

ProTech-SBEM is a multiple-award IDIQ contract that allows for task orders to be issued on a Firm-Fixed- Price (FFP) and/or Firm-Fixed-Unit-Price (FFUP) basis. As necessary, services may be acquired through multiyear or multiple year task orders.

B.4 TASK ORDER PRICING

Under the SBEM IDIQ contracts, each task order requirement will include the delivery period, data rights option(s) and quantity required. The Ordering Contracting Officer (OCO) has the authority and responsibility to determine price reasonableness for task order requirements and to request discounted pricing on all task orders. The data option prices contained in Attachment J.2 are maximum rates. The contractor cannot exceed these rates. Competition at the task order level is expected to establish fair and reasonable pricing for task orders.

At the start of Option Period I, the Government reserves the right to establish ceiling rates for ordering years 11-15, in the event a task order is issued that extends beyond the ordering period of the IDIQ contract.

B.5 SECTION B CLAUSES

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 $250. The amount of all orders shall not exceed $8,000,000,000 across all five ProTech 2.0 domains.

(End of clause)

B.6 AWARDED FUNCTIONAL CATEGORIES

The Contractor will provide data in accordance with the following functional categories identified in the

SOW: [TO BE FILLED OUT AT CONTRACT AWARD]

(End of Section B)

Section C - Description/Specifications

[Statement of Work attached as J.1]

(End of Section C)

Section D - Packaging and Marking

[This page intentionally left blank]

(End of Section D)

Section E - Inspection and Acceptance

E.1 SECTION E CLAUSES

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:

As specified in each individual Task Order.

(End of clause)

(End of Section E)

Section F - Deliveries or Performance

F.1 DELIVERY

The services required under each individual task order shall be delivered and received at the destination within the time frame specified in each order.

F.2 PLACE OF PERFORMANCE

Place of performance shall be set forth in individual task orders.

F.3 NOTICE TO THE GOVERNMENT OF DELAYS

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

F.4 DELIVERABLES

(a) All applicable task order deliverables and their required delivery dates, destination of delivery, and schedule for completion of work to be performed will be specified in task orders issued under this contract.

(b) All deliverables submitted in electronic format shall be free of any known computer virus or defects.

If a virus or defect is found, the initial deliverable will not be accepted.

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

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

Item Description Qty Due Dates Deliver To Reference 1 Contract and Task Order Status Report 1 As requested

IDIQ CO

IDIQ COR

F.4(e)

2 Data Collection / Request for Information (RFI) Surveys

1 As requested

IDIQ CO

IDIQ COR

F.4(f)

(e) Contract and Task Order Status Report

The Contractor shall provide a Contract and Task Order Status Report (summation of individual task order activity), which documents the Contractor’s task order awards and modifications received during the requested reporting period, significant activities, issues, corrective actions, and planned significant activities projected in the next 60-day period. If there is no activity (e.g. no active task order) during the reporting period, the report shall be submitted with “no activity” annotated.

The Report shall be provided in searchable Adobe electronic format and emailed to the IDIQ CO and

COR.

(f) Data Collection / Request for Information (RFI) Surveys

The Contractor shall respond to Data Collection/Request for Information (RFI) Surveys, acknowledging receipt of request and providing minimum information requested in the survey (the minimum information might vary depending on individual requirement), even if stating that the Offeror is not interested.

F.5 SECTION F CLAUSES

RFO 52.247-34 F.o.b. Destination. (JAN 1991)

RFO 52.247-35 F.o.b. Destination, Within Consignee's Premises. (APR 1984)

CAR 1352.270-70 Period of performance. (APR 2010)

(a) The estimated base period of performance and ordering period of this contract is from 9/1/2026 through 8/31/2031. If an option is exercised, the period of performance shall be extended through the end of that option period.

(b) The option periods that may be exercised are as follows:

9/1/2031 through 8/31/2036

(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.

(End of clause)

F.6 PERIOD OF PERFORMANCE FOR ON-RAMPED CONTRACTORS

(a) For contractors who are on-ramped to the contract after the start of the base period identified in CAR 1352.270-70 Period of Performance (APR 2010), the estimated base period of performance and ordering period of this contract is from effective date of the on-ramped contractor’s contract through 8/31/2031. If an option is exercised, the period of performance shall be extended through the end of that option period. A single option period may be exercised from 9/1/2031 through 8/31/2036.

(b) In the event a contractor is not on-ramped until the option period identified in CAR 1352.270-70 Period of Performance (APR 2010), then the period of performance will be from the effective date of the on-ramped contractor’s contract through 8/31/2036. In such an event, the on-ramped contractor’s contract will not have an option period.

(End of Section F)

Section G - Contract Administration Data

G.1 ACCOUNTING AND APPROPRIATION DATA

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

G.2 PRIMARY GOVERNMENT ROLES AND RESPONSIBILITIES

The following subsections describe the roles and responsibilities of individuals and authorized users who will be the primary Points of Contact (POC) for the Government on matters regarding contract administration.

G.2.1 GOVERNMENT PERSONNEL

G.2.1.1

CAR 1352.201-70 Contracting Officer's Authority. (MAR 2010)

G.2.1.2

CAR 1352.201-72 Contracting Officer's Representative (COR). (APR 2010)

(a) Rodney Jackson 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:

N/A

Phone Number: N/A

E-mail: rodney.jackson@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.

(End of clause)

G.2.1.3 Task Order Contracting Officer’s Representative (TO COR)

OCOs shall designate CORs for individual task orders who will be responsible for the day-to-day coordination of task orders. The TO COR will represent the OCO in administration of technical details within the scope of the task order. The TO COR is also responsible for the final inspection and acceptance of all task order deliverables and reports, and such other responsibilities as may be specified in the task order. The TO COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the OCO or the Government. The TO COR does not have authority to alter the Contractor’s obligations or to change the task order specifications, price, terms, or conditions. If, as a result of technical discussions, it is desirable to modify task order obligations or the specification, changes will be issued in writing and signed by the OCO.

G.3 PLACEMENT OF ORDERS

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 RFO 16.506, each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) For supplies and services, line-item number, subline item number (if applicable), description, quantity, and unit price or estimated cost and fee (as applicable). The corresponding line-item number and subline item number from the base contract must also be included.

(4) Delivery or performance date;

(5) Statement of work that clearly specifies all tasks to be performed or property supplies to be delivered under the order. Performance-based acquisition methods must be used to the maximum extent practicable, if the order is for services.

(6) Place of delivery or performance (including consignee).

(7) Any packaging, packing, and shipping instructions.

(8) Accounting and appropriation data.

(9) Method of payment and payment office, if not specified in the contract (see part 32).

(10) North American Industry Classification System code (see part 19).

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

Authorized NOAA contracting officers

(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is the Department of Commerce Director of the Policy and Oversight Division at OAM_Mailbox@doc.gov.

(End of clause)

G.3.1 Ordering Process

All ProTech-SBEM contract holders with the relevant Functional Categories awarded on their IDIQ contracts will be provided a fair opportunity to be considered on task orders, in accordance with FAR 16.507-2, unless exempted in accordance with applicable terms of the FAR.

Contractors are only eligible to compete for Task Orders issued under the specific Functional Categories and subcategories (as applicable) for which they were evaluated (technical and price) and granted an award at the IDIQ level. An awardee’s IDIQ contract shall explicitly identify the Functional Categories and subcategories (as applicable) for which they are qualified.

The OCO, in consultation with the TO COR or other designated technical representatives, will examine the capabilities of the contract holders in order to determine if a small business (or socio-economic category) set-aside is appropriate for each order. After completing this examination, the OCO may limit competition for an order for small businesses. The OCO will then solicit proposals from small business contractors, as applicable, or open the competition to all contract holders after review and coordination with the NOAA Small Business Office and the Small Business Administration (SBA).

G.3.2 Small Business Reserve

This reserve (anticipating at least 12 small business awardees) is conducted in accordance with 13 CFR 125.2(e)(4) and therefore, if there are two or more contract awards to any one type of small business concern, the Government may compete any orders solely amongst the specified types of small business concerns if the “rule of two” or an alternative set-aside requirement provided in the small business program have been met. If there are several awards to several different types of small businesses the Government may compete any orders solely amongst all of the small business concerns if the “rule of two” has been met.

G.4 EVALUATION OF CONTRACTOR PERFORMANCE

Past performance information may be relevant for task order source selection purposes. It includes, but is not limited to: the Contractor’s record of conforming to contract requirements and to standards of good workmanship; the Contractor’s adherence to contract schedules, including the administrative aspects of performance; execution within cost/price; the Contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Contractor’s business-like concern for the interests of the customer. Evaluations will be conducted in accordance with FAR Subpart 42.11.

G.5 ON-RAMPING

The Government reserves the right to award additional contracts if it is determined to be in its best interest. This solicitation will remain open for the duration of the base period and any exercised option periods. New proposals may be submitted at any time after award of the initial IDIQ contracts. Proposals must follow the same format and satisfy the same technical requirements as specified in Section L of the initial solicitation.

After award of the initial IDIQ contracts, awards will be made on a rolling basis. There is no fixed timeline for award; timelines will vary based on the volume and complexity of proposals received.

Proposals will generally be evaluated in the order they are received, subject to resource availability.

In the event that additional contracts are established in accordance with this provision, the ordering period of the “on-ramped” contracts will be for the length of time remaining in the originally established 5-year ordering period and will share the program’s remaining maximum value.

G.6 EXCHANGE OF ACQUISITION INFORMATION

By submitting information in response to this solicitation and resultant contract, the offeror/contractor consents to NOAA sharing information in its proposal/contract with the other government agencies identified below:

• Members of the Interagency Committee for Advancing Weather Services (ICAMS), which comprises representatives from NOAA, the National Aeronautics and Space Administration, the Department of Defense, the National Science Foundation, the Department of Energy, and the Department of the Interior.

• ICAMS intends to use this information to foster interagency coordination on approaches to purchasing commercial weather data for operational use within the Federal Weather Enterprise.

G.7 INTERRELATIONSHIPS OF CONTRACTORS

NOAA and/or other Government agencies may have entered into contractual agreements in order to provide professional services requirements separate from the work to be performed under this contract.

Further, NOAA and/or other Government agencies may extend these existing agreements or enter into new agreements. The Contractor may be required to coordinate with other such contractor(s) through the cognizant CO and/or designated representative in providing suitable, non-conflicting technical and/or management interfaces and in avoidance of duplication of effort.

G.8 OMBUDSMAN

RFO 52.216-32 Task-Order and Delivery-Order Ombudsman. (SEP 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Department of Commerce Director of the Policy and Oversight Division OAM_Mailbox@doc.gov

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

(End of Section G)

Section H - Special Contract Requirements

H.1 AUTHORIZED USERS

ProTech-SBEM is available for use by NOAA and its Line and Staff Offices.

H.2 ADVERTISEMENTS, PUBLICIZING AWARDS AND NEWS RELEASES

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies or services pursuant to the provisions of ProTech-SBEM in any publicity/news release or commercial advertising without first obtaining explicit written consent to do so from the ProTech-SBEM contracting officer. This restriction does not apply to marketing materials developed for presentations to potential Government customers of the ProTech IDIQ Program.

For task orders, the Contractor shall also obtain the written consent of the OCO. If consent is obtained, the Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the supply or service provided is endorsed or preferred by the Federal Government, or is considered by the Government to be superior to other products or services.

H.3 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

(a) The Government hereby provides notification that Government personnel observe federal holidays as listed by the U.S. Office of Personnel Management (OPM): https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/.

(b) In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Any other day designated by the President’s Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation except as set forth within the contract.

(d) If Government personnel are furloughed, the Contractor shall contact the OCO or the TO COR to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected.

Generally, the following situations apply:

(1) Contractor personnel that are able to continue contract performance (either on-site or at a site other than their normal work station), shall continue to work and the contract price shall not be reduced or increased.

(2) Contractor personnel that are not able to continue contract performance (e.g., support functions), may be asked to cease their work effort.

(e) In those situations that Government personnel are furloughed, the Contractor may not invoice for their employees working during the Government furlough, until funds are made available through an appropriation or continuing resolution.

(f) Nothing in this clause abrogates the rights and responsibilities of the parties relating to stop work provisions as cited in other sections of this contract.

H.4 NOTICE OF PARTICIPATION OF NON-GOVERNMENT PERSONNEL

The Contractor is advised that the Government may utilize the outside Contractors and/or Consultants listed below to assist in the evaluation of proposals for this IDIQ contract and any subsequent task order solicitations and the administration of this contract. These Contractors/ Consultants will have access to any and all information submitted by contractor and will be subject to the restrictions contained in CAR Clauses 1352.209-72 Restrictions Against Disclosure, 1352.209-74 Organizational Conflict of Interest and FAR Clause 52.203-16 Preventing Personal Conflicts of Interest. The companies/organizations employing the subject Contractors/Consultants are also required to comply with these same confidentiality restrictions. All federal and non-federal personnel supporting the Government in the administration of this contract will have executed Non-Disclosure Agreements. The Contractor is advised that the Government may utilize the assistance of the outside Contractors and/or Consultants listed below to assist in the evaluations of proposals as non-voting subject matter experts.

University Corporation for Atmospheric Research (UCAR) 3090 Center Green Dr.

Boulder, CO 80301

Science and Technology Corporation (STC) 21 Enterprise Parkway, Suite 150 Hampton, VA 23666-6413

IM Solutions, LLC 3600 Pointe Center Court, Suite 200 Dumfries, VA 22026

Veterans Management Services, Inc.

14 Pidgeon Hill Drive, Suite 500 Sterling, VA 20165

A-Frames Solutions 475K Street NW, Suite 407 Washington, DC 20001

H.5 SECTION H CLAUSES INCORPORATED BY REFERENCE

Clause Database Clause Number Clause Title Item List

CAR 1352.209-72 Restrictions against disclosure. (APR 2010) CAR 1352.209-73 Compliance with the laws. (APR 2010) CAR 1352.209-74 Organizational conflict of interest. (APR 2010) CAR 1352.216-74 Task orders. (APR 2010)

Clause Database Clause Number Clause Title Item List

CAR 1352.231-71 Duplication of effort. (APR 2010)

H.6 SECTION H CLAUSES IN FULL TEXT

Postaward Conference (Virtual)

A postaward conference (virtual) with the successful offerors will be required. The Contracting Officer will contact all awardees within 20 days of contract award to arrange the conference.

The purpose of the post award conference is to aid both the Contractor and the Government in achieving a clear and mutual understanding of all contract requirements and identify and resolve potential problems.

The Contracting Officer is responsible for establishing the time and place of the conference and will notify the appropriate Government representatives and the Contractors. The conference may be conducted virtually and/or at a location within the Washington, D.C. commuting area at the Government’s discretion.

Each IDIQ award will have obligated the minimum guarantee amount of $250, which may be invoiced after the post award conference. The Government will not reimburse contractors for post award conference travel or expenses beyond that amount.

The Contractor shall attend post award conferences on task orders as required. The task order post award conferences will establish work level points of contact for the task order, as well as determine the task order administration strategy, roles and responsibilities; and ensure prompt payment and task order closeout.

(End of solicitation and contract language)

CAR 1352.209-71 Limitation of future contracting. (APR 2010) - Alternate III

(a) The following restrictions and definitions apply to prevent conflicting roles, which may bias the contractor's judgment or objectivity, or to preclude the contractor from obtaining an unfair competitive advantage in concurrent or future acquisitions.

(1) Descriptions or definitions:

(i) "Contractor" means the business entity receiving the award of this contract, its parents, affiliates, divisions and subsidiaries, and successors in interest.

(ii) "Development" means all efforts towards solution of broadly defined problems. This may encompass research, evaluating technical feasibility, proof of design and test, or engineering of programs not yet approved for acquisition or operation.

(iii) "Proprietary Information" means all information designated as proprietary in accordance with law and regulation, and held in confidence or disclosed under restriction to prevent uncontrolled distribution. Examples include limited or restricted data, trade secrets, sensitive financial information, and computer software; and may appear in cost and pricing data or involve classified information.

(iv) "System" means the system that is the subject of this contract.

(v) "System Life" means all phases of the system's development, production, or support.

(vi) "Systems Engineering" means preparing specifications, identifying and resolving interface problems, developing test requirements, evaluating test data, and supervising design.

(vii) "Technical Direction" means developing work statements, determining parameters, directing other contractors' operations, or resolving technical controversies.

(2) Restrictions: The contractor shall perform systems engineering and/or technical direction, but will not have overall contractual responsibility for the system's development, integration, assembly and checkout, or production. The parties recognize that the contractor shall occupy a highly influential and responsible position in determining the system's basic concepts and supervising their execution by other contractors. The contractor's judgment and recommendations must be objective, impartial, and independent. To avoid the prospect of the contractor's judgment or recommendations being influenced by its own products or capabilities, it is agreed that the contractor is precluded for the life of the system from award of a DOC contract to supply the system or any of its major components, and from acting as a subcontractor or consultant to a DOC supplier for the system or any of its major components.

(b) The contractor may gain access to proprietary information of other companies during contract performance. The contractor agrees to enter into company-to-company agreements to protect another company's information from unauthorized use or disclosure for as long as it is considered proprietary by the other company, and to refrain from using the information for any purpose other than that for which it was furnished. For information purposes, the contractor shall furnish copies of these agreements to the Contracting Officer. These agreements are not intended to protect information which is available to the Government or to the contractor from other sources and information furnished voluntarily without restriction.

(End of clause)

NOAA Acquisition Manual 1330-52.203-70 Scientific Integrity and Research Misconduct (OCT 2012)

(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 adjudication 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-2, 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 requirement 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.

(End of solicitation and contract language)

NOAA Acquisition Manual 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 solicitation and contract language)

NOAA Acquisition Manual 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT

PREVENTION AND RESPONSE POLICY (MAY 2018)

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

(a) Definitions.

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

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

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

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

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

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

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

(b) Requirements.

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

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

3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the 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.

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: https://www.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 solicitation and contract language)

NOAA Acquisition Manual 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2023)

The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). 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),…