RFP Sects. A-M_thru Base_CO Rev.pdf

Solicitation Identification Number: NE-ED0000-23-00580

COMBINED SYNOPSIS/SOLICITATION FOR ANNUAL RENEWAL OF MCIDAS SOFTWARE

SUPPORTING THE DOC/NOAA – NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND

INFORMATION SERVICE (NESDIS) – CENTER FOR SATELLITE APPLICATIONS AND RESEARCH

(STAR) PROGRAM

SECTION A

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation number for this announcement is “NEED00002300580” and is issued as a request for proposal (RFP) for a commercial fixed-price contract to a sole source using the North American Industry Classification System (NAICS) Code 513210, Software Publishers with a small business size standard of $41.5 million. The RFP and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Number: 2022-06, effective 6/02/2023.

Responses are due via email by 2:00pm, Eastern Time on June 26, 2023 to Stephanie Dewitt (Contracting Officer, stephanie.dewitt@noaa.gov). There will be no exceptions to the time and date on which responses are due, unless determined otherwise by the government. When responding, please include “RFP NEED00002300580” on the subject line. To verify receipt of your response, please contact the aforementioned by e-mail. Quotes must be valid for at least 90 days from date of submission.

Any questions related to this notice shall be submitted via email by 12:00pm Eastern Time on June 26, 2023 to Stephanie Dewitt (Contracting Officer, stephanie.dewitt@noaa.gov). Answers will be provided as soon as practicable. The Contracting Officer (CO) reserves the right to make no award under this RFP.

We thank you for your continued support of the National Oceanic and Atmospheric Administration, and for your consideration of submitting a response to this request.

STEPHANIE DEWITT

Contracting Officer Satellite and Information Acquisition Division National Oceanic and Atmospheric Administration mailto:stephanie.dewitt@noaa.gov

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

1. Table 1 below is a list of contract line item number(s) (CLIN), items, quantities, and units of measure applicable to this action.

CLIN Item Qty U/M U/P

1 McIDAS-X MX SW Annual Maintenance Renewal 1 EA TBD

2. CAR Clauses in Full Text

CAR 1352.216-77 Ceiling Price (APR 2010)

The ceiling price of this contract is $[TBD @ Award]. The Contractor shall not make expenditures nor incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

(End of clause)

(End of Section B)

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF NEED

1. PURPOSE:

Renewal of Space Science and Engineering Center’s (SSEC) McIDAS Users’ Group annual fee for software maintenance to support the NESDIS/STAR PMO.

2. BACKGROUND:

The Center for Satellite Applications and Research (STAR) is the science arm of the NOAA Satellite and Information Service (NESDIS), which acquires and manages the nation's operational Earth-observing satellites. STAR's mission is to accelerate the transfer of satellite observations of land, atmosphere, ocean, and climate from scientific research and development into routine operations, enabling NOAA to offer state-of-the-art data, products, and services to decision-makers.

The McIDAS (Man computer Interactive Data Access System) software is used with geophysical data, such as satellite and radar imagery, in-situ observational reports, and gridded numerical forecasts. Other functions include acquiring, displaying (static and time-lapse), and analyzing, interpreting, and managing said data. The McIDAS software is designed to handle large amounts of data in a convenient manner and provides a resource of image-processing, applications programs, and subroutines. Scientific programs within STAR, and elsewhere in NOAA, currently use McIDAS on a daily basis for their scientific data analysis.

3. SCOPE OR MISSION:

STAR requires an annual renewal of its McIDAS software and maintenance support.

4. TECHNICAL SPECIFICATIONS:

Item Description Qty McIDAS-X

MX

SSEC McIDAS Users’ Group annual fee for software maintenance for six or more workstations. 1

(End of Section C)

SECTION D

PACKAGING AND MARKING

[There are no specific packaging/marking requirements for this order.]

(End of Section D)

SECTION E

INSPECTION AND ACCEPTANCE

1) FAR Clauses Incorporated by Reference IAW FAR 52.252-2

Clause Title Date

52.246-4 Inspection of Supplies – Fixed-Price AUG 1996

2) All items described in Section C.4 to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the government IAW FAR 52.212-4(a). The authorized representative of the government is the government’s COR, who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the Contractor.

3) CAR Clauses in Full Text

CAR Clause 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:

NOAA Center for Weather and Climate Prediction 5830 University Research Ct, Room 2600 College Park, MD 20740

(End of Section E)

SECTION F

DELIVERIES OR PERFORMANCE

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.o.b. Destination NOV 1991

2) CAR Clauses in Full Text

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

a) The base period of performance of this contract is from DOA through 12-months. 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 1 N/A N/A

Option 2 N/A N/A

Option 3 N/A N/A

Option 4 N/A N/A

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

3) NAM Clauses in Full Text

NAM Clause 1330-52.215-70 Schedule of Deliverables (SEP 2005)

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

Item Description Qty

McIDAS-X MX SSEC McIDAS Users’ Group annual fee for software maintenance (For six or more workstations) 1

4) Place of Delivery

All deliverables shall be delivered electronically via email to the COR with a courtesy copy to the Technical Point of Contract (TPOC), unless specified otherwise in the contract.

COR: Annie Thomson annie.thomson@noaa.gov

TPOC: Matthew Jochum matthew.jochum@noaa.gov

(End of Section F) mailto:annie.thomson@noaa.gov mailto:matthew.jochum@noaa.gov

SECTION G

CONTRACT ADMINISTRATION DATA

1) CAR Clauses Incorporated by Reference IAW CAR Clause 1352.102

1352.201-70 Contracting Officer’s Authority N/A

2) CAR Clauses in Full Text

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

a) Annie Thomson 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:

E-mail: annie.thomson@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.

3) Invoices

a) The following information shall be included on all invoices submitted for payment under this contract In accordance with Clause FAR 52.212-4, Contract Terms and Conditions - Commercial Items:

1. Name and address of the Contractor;

1. Invoice date and number;

2. Contract number;

3. Contract line item number and description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed;

4. Where applicable, shipping and payment terms;

5. Name (where practicable), title, phone number and mailing address of person to be notified in event of a defective invoice;

6. Performance period; and

7. Any other information or documentation required by other requirements of the contract.

The Contractor's invoice shall be prepared in accordance with, and contain all elements specified in FAR 52.212-4(g), to constitute a proper invoice.

If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven (7) calendar days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.

b) Invoices shall be submitted with an original signature to the COR for approval, i.e., a certification by a Contractor official authorized to bind the Contractor. Contracting Officer's Representative (COR) mailing address will be provided at award. A copy of the invoice shall also be emailed directly to the Contracting Officer.

c) Invoices shall be submitted no more than once a month. Payments shall be based upon measurable or quantifiable performance or accomplishment of the defined elements.

d) The Contractor shall not be entitled to payment of a request prior to verification by the COR of successful accomplishment of the performance criterion applicable to the requested items.

e) Payment addresses must reflect the mailing/billing information registered in the System for Award Management (SAM) database to avoid processing delays.

f) A request for final payment must be accompanied by a release of claims. A Release of Claims form will be provided to the contractor upon request.

g) The "Final" payment request will be rejected and returned to the Contractor if all items required under the contract have not been completed, submitted, approved, and accepted by the government prior to the receipt of the request.

h) If the contractor is a small business concern, the invoice shall be annotated with an "SB" in the upper right hand of the invoice document.

4) Authorities of Government Personnel

Notwithstanding the Contractor's responsibility for total management during the performance of this order, the administration of this order will require maximum coordination between the government and the Contractor. The following individuals will be the government's points of contact during the performance of this order, and all communications pertaining to contractual and/or administrative matters under this order shall be sent to:

Contracting Officer Name: Stephanie Dewitt Email: stephanie.dewitt@noaa.gov

Contracting Officer's Representative Name: Annie Thomson E-mail: annie.thomson@noaa.gov

NOTE: The Contracting Officer is the only individual authorized to modify the Contract.

(End of Section G)

SECTION H

SPECIAL CONTRACT REQUIREMENTS

1) CAR Clauses Incorporated by Reference IAW CAR Clause 1352.102

1352.209-72 Restrictions Against Disclosure APR 2010

1352.209-73 Compliance With the Laws APR 2010

1352.209-74 Organizational Conflict of Interest APR 2010

1352.239-70 Software License Addendum APR 2010

1352.239-72 Security Requirements for Information Technology Resources APR 2010

2) NAM Clauses in Full Text

NAM Clause 1330-52.239-170 Incident/Emergency Management (OCT 2005)

All incident management software or services shall comply with the most current version of the OASIS Common Alerting Protocol standard.

NAM Clause 1330-52.243-70 Requests for Equitable Adjustment (OCT 2017)

a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the contractor believes the government is liable.

The request shall include only costs for performing the change. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

b) Any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the contractor:

“I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.”

(Official’s Name)

(Title)

c) The certification in paragraph (b) of this solicitation and contract language requires full disclosure of all relevant facts, including:

1. Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

2. Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.

d) The certification requirement in paragraph (b) of this solicitation and contract language does not apply to:

1. Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

2. Final adjustments under an incentive provision of the contract.

NAM Clause 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 quote, amendment, modification or deliverable due dates).

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

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

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

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

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

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

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

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

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

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

Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.

(End of Section H)

SECTION I

CONTRACT CLAUSES

Clause TITLE Date

52.202-1 Definitions JUN 2020

52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.212-4 Contract Terms and Conditions – Commercial Items, Alternate I DEC 2022

52.227-19 Commercial Computer Software License DEC 2007

52.232-8 Discounts for Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-23 Assignment of Claims MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023

52.246-1 Contractor Inspection Requirements APR 1984

52.253-1 Computer Generated Forms JAN 1991

2) FAR Clauses in Full Text

52.204-1 Approval of Contract (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders – Commercial Items (JUN 2023)

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

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

2. 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

3. 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

5. 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

6. 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 (19 U.S.C. 3805 note)).

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

1. ☐ 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

2. ☐ 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

3. ☐ 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

4. ☒ 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

5. [Reserved].

6. ☐ 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

7. ☐ 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

8. ☒ 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

9. ☐ 52.209-9, Updates of Publicly Available Information Regarding Responsibility

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

10. [Reserved].

11.

i. ☐ 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

ii. ☐ Alternate I (Mar 2020) of 52.219-3.

12.

i. ☐ 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

ii. ☐ Alternate I (Mar 2020) of 52.219-4.

13. [Reserved] 14.

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

ii. ☐ Alternate I (Mar 2020) of 52.219-6.

15.

i. ☐ 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15

U.S.C. 644).

ii. ☐ Alternate I (Mar 2020) of 52.219-7.

16. ☐ 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

17.

i. ☐ 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

ii. ☐ Alternate I (Nov 2016) of 52.219-9.

iii. ☐ Alternate II (Nov 2016) of 52.219-9.

iv. ☐ Alternate III (Jun 2020) of 52.219-9.

v. ☐ Alternate IV (Jun 2020) of 52.219-9

18.

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

ii. ☐ Alternate I (Mar 2020) of 52.219-13.

19. ☐ 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

20. ☐ 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

21. ☐ 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Mar 2020) (15 U.S.C. 657f).

22.

i. ☒ 52.219-28, Post Award Small Business Program Re-representation (Mar 2023) (15 U.S.C. 632(a)(2)).

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

23. ☐ 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

24. ☐ 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned

Small Business Concerns Eligible under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

25. ☐ 52.219-32, Orders Issued Directly under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

26. ☒ 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

27. ☐ 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

28. ☒ 52.222-19, Child Labor-Cooperation with Authorities and Remedies

(Dec2022) (E.O.13126).

29. ☒ 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

30.

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

ii. ☐ Alternate I (Feb 1999) of 52.222-26.

31.

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

ii. ☐ Alternate I (Jul 2014) of 52.222-35.

32.

i. ☒ 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)

(29 U.S.C. 793).

ii. ☐ Alternate I (Jul 2014) of 52.222-36.

33. ☒ 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

34. ☐ 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

35.

i. ☒ 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C.

chapter 78 and E.O. 13627).

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

36. ☐ 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

37.

i. ☐ 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

38. ☐ 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

39. ☐ 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

40.

i. ☐ 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun

2014) (E.O.s 13423 and 13514).

ii. ☐ Alternate I (Oct 2015) of 52.223-13.

41.

i. ☐ 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014)

(E.O.s 13423 and 13514).

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

42. ☐ 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

43.

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

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

44. ☒ 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Jun 2020) (E.O. 13513).

45. ☐ 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

46. ☐ 52.223-21, Foams (Jun2016) (E.O. 13693).

47.

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

ii. ☒ Alternate I (Jan 2017) of 52.224-3.

48. ☐ 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

49.

i. ☐ 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

ii. ☐ Alternate I (Jan 2021) of 52.225-3.

iii. ☐ Alternate II (Jan 2021) of 52.225-3.

iv. ☐ Alternate III (Jan 2021) of 52.225-3.

50. ☐ 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

51. ☒ 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52. ☐ 52.225-26, Contractors Performing Private Security Functions outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

53. ☐ 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

54. ☐ 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov2007) (42 U.S.C. 5150).

55. ☐ 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

56. ☐ 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

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

57. ☐ 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

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

58. ☒ 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct2018) (31 U.S.C. 3332).

59. ☐ 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

60. ☐ 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

61. ☐ 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

62. ☐ 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

63.

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

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

iii. ☐ Alternate II (Feb 2006) of 52.247-64.

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

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

2. ☐ 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

3. ☐ 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

5. ☐ 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) (41 U.S.C. chapter 67).

6. ☐ 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

7. ☐ 52.222-55, Minimum Wages under Executive Order 13658 (Nov 2020).

8. ☐ 52.222-62, Paid Sick Leave under Executive Order 13706 (Jan 2017) (E.O. 13706).

9. ☐ 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792).

d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

1. The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

e)

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

i. 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41

U.S.C. 3509).

ii. 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

iii. 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

iv. 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

v. 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

vii. 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

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

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

xiii.

A. 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C.

chapter 78 and E.O 13627).

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

xiv. 52.222-51, Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

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

xvi. 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

xvii. 52.222-55, Minimum Wages under Executive Order 13658 (Nov 2020).

xviii. 52.222-62, Paid Sick Leave under Executive Order 13706 (Jan 2017) (E.O. 13706).

xix.

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

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

xx. 52.225-26, Contractors Performing Private Security Functions outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

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 address:

https://www.acquisition.gov/browse/index/far.

52.252-6 Authorized Deviations in Clauses (NOV 2020)

a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

b) The use in this solicitation or contract of any Commerce Acquisition Regulation (48 CFR Chapter 13) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Section I) https://www.acquisition.gov/browse/index/far

SECTION J

LIST OF ATTACHMENTS

[There are no specific attachments applicable requirements for this order.]

(End of Section J)

SECTION K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

1. FAR Provisions Incorporated by Reference IAW FAR 52.252-1

Provision Title Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions SEP 2007

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation JAN 2017

52.204-17 Ownership or Control of offeror AUG 2020

52.204-20 Predecessor of offeror AUG 2020

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation NOV 2015

52.212-31 offeror Representations and Certifications – Commercial Items DEC 2022

52.225-18 Place of Manufacture AUG 2018

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications JUN 2020

2. FAR Provisions in Full Text

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

The offeror shall not complete the representation at paragraph (d)(1) of this provision if the offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services— Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The offeror shall not complete the representation in paragraph (d)(2) of this provision if the offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

a) Definitions. As used in this provision—

1 Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items, with their offer.

https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

b) Prohibition.

1. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to –

i. Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

ii. Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

2. Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to –

i. Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

ii. Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

c) Procedures. The offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

d) Representation. The offeror represents that –

1. It ☐ will, ☐ will not provide covered telecommunications equipment or services to the government in the performance of any contract, subcontract or other contractual https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ instrument resulting from this solicitation. The offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the offeror responds "will" in paragraph (d)(1) of this section; and

2. After conducting a reasonable inquiry, for purposes of this representation, the offeror represents that –

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the offeror responds "does" in paragraph (d)(2) of this section.

e) Disclosures.

1. Disclosure for the representation in paragraph (d)(1) of this provision. If the offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the offeror shall provide the following information as part of the offer:

i. For covered equipment—

A. The entity that produced the covered telecommunications equipment

(include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

B. A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

C. Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

ii. For covered services—

A. If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

B. If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

2. Disclosure for the representation in paragraph (d)(2) of this provision. If the offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the offeror shall provide the following information as part of the offer:

i. For covered equipment –

A. The entity that produced the covered telecommunications equipment

(include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

B. A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

C. Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

ii. For covered services—

A. If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

B. If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

b) Procedures. The offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

c)

1. Representation. The offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ to the government in the performance of any contract, subcontract, or other contractual instrument.

2. After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it ☐ does, ☐ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of Section K)

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

1. FAR Provisions Incorporated by Reference IAW FAR 52.252-1

52.204-7 System for Award Management OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.212-1 Instructions to Offerors – Commercial Items MAR 2023

52.233-2 Service of Protest (SEPT 2006)

a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Stephanie Dewitt, Contracting Officer, at stephanie.dewitt@noaa.gov.

b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov/browse/index/far.

52.252-5 Authorized Deviations in Provisions (NOV 2020)

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

https://www.acquisition.gov/far/33.101#FAR_33_101 https://www.acquisition.gov/browse/index/far

b) The use in this solicitation of any Commerce Acquisition Regulation (48 CFR Chapter

13) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

2. CAR Provisions Incorporated by Reference IAW FAR CAR Clause 1352.102

1352.233-71 GAO and Court of Federal Claims Protests APR 2010

3. CAR Provisions in Full Text

CAR Clause 1352.215-70 Quote preparation (MAY 2021)

General Instructions. Quotes are expected to conform to solicitation provisions and be prepared in accordance with this section. To aid in evaluation, the quote shall be clearly and concisely written, neatly presented, indexed (cross-indexed as appropriate), and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date of the offer, and the solicitation number, and the required items as shown within Sects. B & C with respective pricing.

CAR Clause 1352.215-72 Inquiries (MAY 2021)

Offerors must submit all questions concerning this solicitation in writing to Stephanie Dewitt (Contracting Officer, stephanie.dewitt@noaa.gov). Offerors shall submitted their questions no later than 12pm Eastern Time on June 26, 2023. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

CAR Clause 1352.233-70 Agency protests…