RFP.pdf

Combined Synopsis/Solicitation

Refuse Services at the NOAA Western Regional Center

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.603, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued.

The solicitation is issued as a Request for Proposal (RFP). Submit written proposals and reference # NA-AJ5744-00392, WRC Refuse Services.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07.

This acquisition is being competed in a full and open market, and will result in a Firm Fixed Price (FFP) contract.

The list of line item items and the explanation of the required services is detailed in PART 1.

The Period of Performance (POP) will be one (1) twelve month (12) month base period and four

(4) twelve (12) month option periods. The place of performance is outlined in PART 3 Section 5.

The place of acceptance is detailed in PART 5.

The associated North American Industrial Classification System (NAICS) code for this procurement is 562111 – Solid Waste Collection.

The provision at 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services, 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services, and 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Products and Commercial Services apply to this acquisition.

The evaluation procedures are outlined in PART 8 Section 7.

NOTE: Parts 1 through 6 will be included in the award.

Proposal Information

Pre-proposal inquiries (PPIs). All PPIs shall be submitted to contract specialist Emi Sato at emi.sato@noaa.gov with cc to the Contracting Officer Megan Whipple Megan.Whipple@noaa.gov.

Solicitation package errors, omissions, and/or ambiguities. It is the Offeror’s responsibility to bring any errors, omissions, and/or ambiguities to the Government’s attention; in this solicitation document or within any of attached specifications and/or concept drawings. Failure to do so will not obligate the Government to negotiate a modification post award.

Incurred Expenses. Although the Government intends to make an award as the result of this solicitation, it is not responsible for any costs incurred or associated with preparation and submission of a proposal.

Penalty of false statements. Proposals must set forth full, accurate, and complete information as required by this request for proposal (including attachments). The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

Proposal due date and submission. Proposal shall be submitted by Tuesday, December 27, 2022 by 12:00 pm EST. Proposals shall be submitted to emi.sato@noaa.gov with a copy to Megan.Whipple@noaa.gov. Emails shall not exceed 5MB in size. If necessary multiple emails shall be sent.

Questions due date and submission. Any questions related to this RFP shall be submitted by Tuesday, December 20, 2022 by 12:00 pm EST. Proposals shall be submitted to emi.sato@noaa.gov with a copy to Megan.Whipple@noaa.gov.

System for Award Management (SAM). SAM registrations must be active at the time of proposal preparation, through final payment. For additional information, please go to www.sam.gov.

PART 1 – Pricing Schedule

1. Brief Description of Services

The mission of the National Oceanic and Atmospheric Administration (NOAA) is to understand and predict changes in climate, weather, oceans, and coasts; to share knowledge and information with others; and to conserve and manage coastal and marine ecosystems and resources. To accomplish its mission, NOAA has established over 700 facility site locations supporting a variety of activities and operations conducted by NOAA personnel across the United States and its territories.

The Office of the Chief Administrative Officer (OCAO) is a major staff office within NOAA with management functions in four major programmatic areas: (1) administrative programs, (2) facilities programs; (3) safety and security programs; and (4) assets. OCAO is chiefly responsible for NOAA-wide technical, programmatic guidance, and staff support to NOAA in the areas of Logistics Operations, Facilities Operations, Personal Property Management, Real Property Management, and Directives and Administrative Programs.

NOAA Facilities Management Division -Seattle (FMD) has the overall responsibility for the management of the campus. The Western Regional Center (WRC) site is approximately 104 acres located on Lake Washington and consists of roadways, parking areas, open spaces, artwork, walking trails and buildings.

The WRC has 9 major buildings on-site that are mixed use from laboratories to major office complexes to warehouses to a conference center (Building 9) to child care (Building 6). The current square footage of the WRC buildings is approximately 599,000 net square feet. FMD seeks to engage the service of the contractor to provide the refuse services for the WRC as detailed in the Statement of Work.

2. Contract Type

This will be a Firm Fixed Price (FFP) contract for the WRC Refuse Services, as described in Part 2 of this Request for Proposal (RFP).

3. Pricing Schedule

CLIN 0001 - Base Period Period of Performance: 02/01/2023 – 01/31/2024 (12 months)

Description Quantity Unit Price Per Month

Total

Provide monthly refuse services for the WRC in accordance with the Statement of Work (SOW).

12 MO $ $

CLIN 0002 - Base Period Recycling Period of Performance: 02/01/2023 – 01/31/2024 (12 months)

Description Quantity Unit Price Per Month

Total

Provide monthly recycling services for the WRC in accordance with the

CLIN 1001 - Option Year 1 Period of Performance: 02/1/2024 – 01/31/2025 (12 months)

Description Quantity Unit Price Per Month

Total

Provide monthly refuse services for the WRC in accordance with the

CLIN 1002 - Option Year 1 Recycling Period of Performance: 02/1/2024 – 01/31/2025 (12 months)

Description Quantity Unit Price Per Month

Total

Provide monthly recycling services for the WRC in accordance with the

CLIN 2001 - Option Year 2 Period of Performance: 02/01/2025 – 01/31/2026 (12 months)

Description Quantity Unit Price Per Month

Total

Provide monthly refuse services for the WRC in accordance with the

CLIN 2002 - Option Year 2 Recycling Period of Performance: 02/01/2025 – 01/31/2026 (12 months)

Description Quantity Unit Price Per Month

Total

Provide monthly recycling services for the WRC in accordance with the

CLIN 3001 - Option Year 3 Period of Performance: 02/01/2026 – 01/31/2027 (12 months)

Description Quantity Unit Price Per Month

Total

Provide monthly refuse services for the WRC in accordance with the

CLIN 3002 - Option Year 3 Recycling Period of Performance: 02/01/2026 – 01/31/2027 (12 months)

Description Quantity Unit Price Per Month

Total

Provide monthly recycling services for the WRC in accordance with the

CLIN 4001 - Option Year 4 Period of Performance: 02/01/2027 – 01/31/2028 (12 months)

Description Quantity Unit Price Per Month

Total

Provide monthly refuse services for the WRC in accordance with the

CLIN 4001 - Option Year 4 Recycling Period of Performance: 02/01/2027 – 01/31/2028 (12 months)

Description Quantity Unit Price Per Month

Total

Provide monthly recycling services for the WRC in accordance with the

PART 2 – Statement of Work

**See Attachment 1

PART 3 – Contract Administration Data

1. Contract Information for the Contracting Staff;

Contract Specialist (CS)

Emi Sato – emi.sato@noaa.gov

Contracting Officer (CO)

Megan Whipple – megan.whipple@noaa.gov

2. Contract Information for the Facilities Staff;

WRC Site Manager

Vasco Espinoza

Vasco.espinoza@noaa.gov

(206) 526-6169

Facilities Operations Specialist

Anthony Morea

Anthony.morea@noaa.gov

(206) 526-6163

3. Contracting Officer's Authority

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

The clause above is taken from Commerce Acquisition Regulation Clause 1352.201-70.

4. Contracting Officer’s Representative (COR)

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

(a) The individual identified in the appointment memorandum 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:

Seattle, WA

(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.

5. NOAA Acquisition Manual (NAM) 1330-52.242-70 Submittal of Invoices (Feb 2011)

The contractor shall prepare and submit an invoice to the COR for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.

To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232- 26, Prompt Payment for Fixed-

Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies.

6. 1352.270-70 Period of performance (Apr 2010)

(a) The base period of performance of this contract is from 02/01/2023 through 01/31/2024. 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:

Period Start Date End date

Option I 02/01/2024 01/31/2025 Option II 02/01/2025 01/31/2026 Option III 02/01/2026 01/31/2027 Option IV 02/01/2027 01/31/2028

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

(End of clause)

7. PLACE OF PERFORMANCE

Services will be performed at the National Oceanic and Atmospheric Administration (NOAA), Western Regional Center located at

7600 Sand Point Way, NE, Seattle, WA 98115-6349

Although the primary place of performance is at government facilities, all resources should be telework ready and abide by all Federal executive orders and NOAA directives.

PART 4 – SPECIAL CONTRACT REQUIREMENTS

1. Enforcement Government-Contractor Relationship

The Government and the contractor understand that the services to be provided under this contract by the contractor are non-personal services and that no employer-employee relationship exists between the Government and the contractor employees assigned under this contract. The COR may provide technical direction which will assist the contractor in accomplishing the Statement of Work (SOW).

2. Use of Government Property by Contractor Employees

a. The Government will provide all necessary facilities, equipment, and supplies for the performance of this contract in reasonable quantities. Unless otherwise authorized by the Contracting Officer in writing, the Contractor is not authorized to furnish any equipment (including office equipment), furniture, fixtures, or other personal property items, for use in the performance of this contract.

b. The Contractor shall follow all Government laws and regulations and local procedures for the care and use of Government property. Government Property will only be used for official Government business.

c. The Contractor shall maintain safeguards to prevent loss or misuse of Government property by its employees. All Government Property including issued items may be inventoried by authorized Government personnel at any time on an unannounced basis.

d. When a contractor employee is the predominant user of an item of Government Property, the employee and the Contractor will be required to accept responsibility for the property as the predominant user. Responsibilities of a predominant user include safeguarding, keeping track of the property, immediately notifying the Government Property Manager when the property is moved or transferred, caring for the property to avoid loss or damage, and immediately notifying the Government Property Manager if there is any loss or damage to the property.

e. The Contractor may be held liable and may be required to reimburse the Government for any unjustified losses or misuse of Government property by contractor employees, and/or failure to take appropriate care of Government property. Upon completion of the contract, a joint inventory may be required to be performed at the option of the Government to certify all items are on hand.

3. Applicability of the Service Contract Labor Standards

The contractor shall adhere to the requirements of the applicable Wage Rate Determination issued by the Department of Labor when calculating and paying salaries and benefits to its employees. Overtime shall be paid in accordance with the Fair Labor Standards Act and other applicable labor laws whether work is performed inside or outside U.S. territorial waters.

**See Attachment 2

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 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 1352.209-71 Limitation of Future Contracting, 135 2.209-72 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.

5. NOAA Acquisition Manual (NAM) Clauses in Full Text

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 Offeror’s 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) l 8 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 $ I0 ,000 ,000 from accepting compensation from a contractor.

1330-52.237-70 Contractor Communications

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

l. Included in NOAA’s locator, and

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

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

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

1330-52.270-304 NOAA Acquisition and Grants Office Ombudsman (OCT 2016)

(a) The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information.

Generally, the purpose of these exchanges will be to:

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

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

3. Identify constraints in transparency

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

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

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

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

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

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

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

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

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

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

(e) After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration.

Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.

(f) The AGO Ombudsman is not to be contacted to request copies of forn1s and/or documents under the purview of a contracting officer. Such documents include Request is for Information, solicitations, amendments, contracts, modifications, or conference materials.

(g) Questions regarding items (a) through (f) within this language shall be directed to

NOAA AGO Ombudsman Program at ago.ombudsman@ noaa.gov.

PART 5 – Clauses

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 this/these address(es): https://www.acquisition.gov/browse/index/far

Clause Number

Description Date

CAR 1352.208-70 Restrictions on Printing and Duplicating Apr 2020 CAR 1352.209-72 Restrictions Against Disclosure Apr 2020 CAR 1352.209-73 Compliance with the laws Apr 2020 CAR 1352.209-74 Organizational Conflict of Interest Apr 2020 CAR 1352.237-71 Security Processing Requirements-Low Risk

Contracts Apr 2020

CAR 1352.242-70 Postaward Conference Apr 2020

FAR 52.202-1 Definitions Nov 2013 FAR 52.203-5 Covenant Against Contingent Fees May 2014 FAR 52.203-7 Anti-Kickback Procedures. Jun 2020 FAR 52.203-17 Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower Rights

Jun 2020

FAR 52.204-13 System for Award Management Maintenance. Oct 2018 FAR 52.204-19 Incorporation by Reference of Representations and

Certifications.

Dec 2014

FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Nov 2021

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

Nov 2021

FAR 52.212-4 Contract Terms and Conditions-Commercial Items Oct 2018 FAR 52.212-5 Contract Terms and Conditions Required to

Implement Statues or Executive Orders – Commercial Products and Commercial Services

Jan 2022

FAR 52.222-50 Combating Trafficking in Persons. May 2014 FAR 52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving.

Jun 2020

FAR 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 FAR 52.225-25 Prohibition on Contracting with Entities Engaging in

Certain Activities or Transactions Relating to Iran – Representation and Certifications.

Jun 2020

FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 FAR 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Dec 2013

FAR 52.233-4 Applicable Law or Breach of Contract Claim. Oct 2004

FAR 52.244-6 Subcontracts for Commercial Items. Jan 2022

FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services

May 2014

Commerce Acquisition Regulation (CAR) Clauses in Full Text 1352.246-70 Place of acceptance (APR

2010)

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

(b) The place of acceptance will be:

U.S. Department of Commerce National Oceanic and Atmospheric Administration Western Regional Center 7600 Sand Point Way, NE Seattle, WA 98115

1352.237-75 Key personnel (APR 2010)

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

Contract/Project Manager: To be specified at the time of contract award

(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.

NOAA Acquisition Manual (NAM) Clauses in Full Text

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 Offeror’s 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.

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 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.

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

ii. 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).

4. 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 ten (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.

i. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA’s Workplace.

ii. 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 require elements into the contractor provided training.

iii. 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.

iv. 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.

5. 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

(c) 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, and 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)

1330-52.237-70 Contractor Communications

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

1. Included in NOAA’s locator, and

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

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

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

1330-52.237-71 Government-Contractor Relations – Non-Personal Services Contract

(SEPT 2017)

(a) The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services as defined in FAR Part 37, Service Contracting, and the parties recognize and agree that no employer- employee relationship exists or will exist under the contract between the Government and the Contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

(1) Be placed in a position where they are under relatively continuous supervision and control of a Government employee.

(2) Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other Contractors performing under other NOAA contracts.

(c) The services to be performed under this contract do not require the Contractor or the Contractor’s personnel to exercise personal judgement and discretion on behalf of the Government. Rather, the Contractor’s personnel will act and exercise personal judgement and discretion on behalf of the Contractor.

(d) Rules, regulations, directives, and requirements that are issued by the Department of Commerce and NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(e) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies:

(1) The Contractor shall notify the Contracting Officer in writing within 5 business days from the date of any situation or occurrence where the Contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or Contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance.

(2) The Contracting Officer will review the information provided by the Contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the Contractor. The Contracting Officer’s response will provide a decision on whether the Contracting Officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue.

1330.52-237-72 Contractor Access to NOAA Facilities (Sept 2017)

(a)

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

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

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

6103;

ii. Fires, floods, earthquakes, and unusually severe weather, including but not limited to snow storms, tornadoes, and hurricanes;

iii. Occupational safety or health hazards;

iv. Lapse in Appropriations; or

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

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

(b) In all instances where contractors are denied access or required to vacate a NOAA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, either directly or through the COR, which could include continuing on-site performance during the NOAA facility closure period; however, if Government oversight is required and is not available, on-site performance shall not be allowed. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts, for example, performing required work off- site if possible or reassigning personnel to other activities if appropriate.

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

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

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

2. Forego the work; or

3. Reschedule the work by mutual agreement of the parties.

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

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

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

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

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

3. Unless otherwise specified within the contract award, contractors requiring access to NOAA facilities outside normal business hours or outside the normal workweek shall submit a written request in writing through the COR to the contracting officer. The written request shall provide justification supporting the required access and be submitted ____________ hours/days (contracting officer insert number of days. If blank, 72 hours applies) before access to the NOAA facility is needed.

Federal Acquisition Regulation (FAR) Clauses in Full Text:

52.211-11 Liquidated Damages -- Supplies, Services, or Research and Development (Sept 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $100 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Termination for Cause under FAR 52.212-4, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services.

These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Termination for Cause under FAR 52.212-4 clause in this contract.

52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by…