RFQ 1305M222QNMAN0105.pdf

COMBINED SYNOPSIS/SOLICITATION

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in

FAR Subpart 12.6, using Simplified Acquisition Procedures as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF

THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on SAM.gov

Solicitation number is 1305M222QNMAN0105 and is being issued as a Request for Quotations (RFQ).

This solicitation documents and incorporates provisions and clauses in effect through:

a. Federal Acquisition Circular (FAC) 2022-06, effective 05/01/2022 located on https://www.acquisition.gov/browse/index/far

b. Commerce Acquisition Regulations (CAR), effective 03/20/2021 located at https://www.acquisition.gov/car

c. NOAA Acquisition Manual https://www.ago.noaa.gov/acquisition/AcqManual/09_acquisitionmanualtableofcontents.html

It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The associated North American Industry Classification System (NAICS) code is 333618, Other engine equipment manufacturing with a size standard of 1500 employees, and the associated Product Service Codes (PSC) code is J020 –

Maintenance, Repair, and Rebuilding of Equipment – Ship and Marine Equipment; for this procurement:

is not being set-aside for small businesses.

Is being set-aside for small business.

The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options. The small business size standard is 1,500 employees.

CLIN

Work Item

QTY/

Unit

Price

20,000 hour overhaul of Caterpillar (CAT) D398 No. 3 and No. 4 engines in accordance with the Statement of Work for the NOAA Ship Okeanos Explorer

1 Job

AIRS/Growth (estimated)

**Provide breakdown, as follows:

AIRs/Growth Labor Rate

Unit Price: $________; Quantity: 80; Unit of Issue: Hour;

Extended Price: $____________

EST

80 Hours

AIRs/Growth Material Markup/Handling Fee

Unit Price: $20,000.00; Quantity: 1; Unit of Issue: Percent ________%;

Extended Price: [20,000.00 X percentage quoted]: $______________ EST $20,000.00

ADDITIONAL ITEMS- GROWTH

ADDITIONAL ITEM REQUESTS (AIRs) These items relate to Growth Work. The Unit Price Column will be used throughout the life of the contract if growth work is added to the scope of the contract. If Additional Item Requests (AIRs) are issued, these items will be awarded at the quantities needed via a contract modification. The quantity shown is an estimate only and may be exceeded at the unit prices offered.

NOAA Acquisition and Grants Office (AGO)

Eastern Acquisition Division (EAD) https://www.acquisition.gov/browse/index/far http://www.acquisition.gov/car https://www.ago.noaa.gov/acquisition/AcqManual/09_acquisitionmanualtableofcontents.html

The CLINs 0001 pricing for the specified work is based on return of useable like-cores for the unit exchange items.

The vendor shall submit as part of their quote the list of anticipated unit exchange items, quantities, and unit prices that will apply to the cores in the event that they may be determined not re-buildable. If the spaces below are insufficient for the entire list, the vendor may submit the information in an attachment to their quote or add additional lines in the tables below. For evaluation purposes, this pricing will be added to the total of CLIN 0001 pricing to determine the overall evaluated price in accordance with FAR clause 52.212-2, EVALUATION – COMMERCIAL ITEMS (NOV 2021) of this solicitation.

CLIN 0001 NOAA SHIP OKEANOS EXPLORER

Quantity

Unit Exchange Item Description

Unit

Price

Total Cost

TOTAL CORE COST CLIN 0001

It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ.

Quotes in response to this solicitation shall be submitted electronically via email 1:00 P.M. Eastern Time (ET) on August

17, 2022 to the following Government representative(s): (Tamara Horton, tamara.horton@noaa.gov, (757) 364-6909). It is the quoter's sole responsibility to ensure that any quote, to include any other email correspondence, transmitted to the specified Government representative(s) is received prior to the due date specified herein. The quoter's are highly encouraged to contact the RFQ's specified Government representative(s) prior to the RFQs date for receipt of quotes to ensure the Government receipt of the transmitted quote and to ensure quote eligibility. Quotes received after the date and time specified in the RFQ may render it ineligible for consideration or evaluation.

The period of performance is November 28, 2022 to December 23, 2022 (20 business days) during the FY23

Dockside Repair period of the NOAA Ship Okeanos Explorer. The place of performance for work aboard NOAA

Ship OKEANOS EXPLORER shall be located at the Port of Newport, Marine Operations Center - Pacific (MOC-P), 2002 SE Marine Science Drive, Newport, OR 97365. All Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control.

The following FAR provision and clauses are applicable to this procurement:

FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (NOV 2021) with the following addenda:

(b) CAR 1352.215-72 INQUIRIES

Offerors must submit all questions concerning this solicitation in writing to Contract Specialist Tamara Horton via email at tamara.horton@noaa.gov. Questions should be received no later than 10:00 am ET on August 10, 2022.

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.

(End of clause)

Quotes shall be signed and dated, and shall include the typed or printed name of the person signing the quote, including the signer’s title.

(b)(1) Electronic submission is authorized. Quoters interested in submitting a quote in response to this RFQ are

Requested to provide their written quote, including all information required by this RFQ, not later than 1:00 P.M. ET, August 17, 2022 to RFQ 1305M220QNMAN0105 via email to tamara.horton@noaa.gov. All responsible small business sources may submit a quotation which shall be considered by the agency.

mailto:tamara.horton@noaa.gov

(b)(2) PRICE: Quoters shall submit priced quotes in response to this solicitation in U.S. DOLLARS, rounded to

NOT MORE THAN TWO DECIMAL POINTS. Pricing shall be submitted for all line items included in this solicitation.

The quoter provided pricing for each CLIN will be added together to derive the overall evaluated price. Price will be evaluated for reasonableness. Each quoter shall ensure the following are met when submitting their quote:

a. The price quote must adhere to the pricing structure established in the Price Schedule of this RFQ.

Quoter’s shall also complete above Price schedule, to include core costs, and submit the completed price schedule with each quoter’s quote.

b. The Government anticipates that the contract to be awarded will be based upon adequate price competition.

However, in order to determine that offered prices are fair and reasonable, the Government reserves the right to request that the quoter provide further information to support proposed prices.

c. The quoter agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(b)(3) PAST PERFORMANCE: Quoters shall provide no more than three references with which they have provided the offered services within the past three years. Quoters that are not able to provide such references shall provide up to three relevant references of prior performance on other contracts and articulate the relevancy of the referenced performance to the type of work required in the solicitation (similar size, content, and complexity) or affirmatively state that it possesses no relevant past performance. For each reference, provide the following information:

a. Contract Number and Client point of contact (including 2 points of contact with telephone numbers and email addresses)

b. Dollar Value of the contract (Original: $ __________and Final: $____________)

c. Type of service performed and whether Prime or Sub Contractor

d. Contract performance period at the start of the contract:

e. Contract performance period at the end of the contract (actual performance dates upon completion):

Start: ___________ End: ___________

f. Contract Type: __________

The Past Performance Information Form, Attachment 4 is provided for quoters to submit the information requested under point’s a-f for each Past Performance record submitted.

In the description of work, quoters must provide a detailed explanation demonstrating the similarity of the contracts in terms of scope and magnitude, to the requirements of this RFQ for purposes of relevancy.

The Government reserves the right to contact customers identified in the form and solicit further information about performance in regard to quality, timeliness and cost. The accuracy of past performance data, including phone numbers of the points of contact are the full responsibility of the quoters and inaccuracy may result in non-consideration of the reference. Other related past performance information may be sought and used for evaluating completeness and accuracy of the quoter’s quote. Past performance information may be obtained from a variety of sources including other government agencies.

**Note: It is the responsibility of the quoter to verify CPARS data is correct when the CPARS check box is marked and/or to ensure references intend to respond by utilizing the Past Performance Questionnaire by the closing date of the solicitation.**

The Past Performance Questionnaire, Attachment 5 is provided for quoters to utilize to send to clients and customers for whom work has been performed for Past Performance records that are not listed in CPARS. The evaluation criteria and ratings definitions mirror the ratings utilized in CPARS.

Ensure correct phone numbers and e-mail addresses are provided for the client point of contact. Completed

Past Performance forms and questionnaires shall be submitted by the client directly to the Contract Specialist, Tamara Horton (tamara.horton@noaa.gov) via email no later than 1:00 PM ET, August 17, 2022.

**Note: It is the responsibility of the quoter to ensure references intend to respond by utilizing the Past Performance

Questionnaire and ensure the completed questionnaires are submitted by the closing date of the solicitation.**

Past Performance forms and associated documents must be received by the Contract Specialist prior to the due date and time for receipt of offers.

Contractors shall assume that the Government has no prior knowledge of them and that it will base its evaluation on the information presented in the Past Performance Proposal; as such, Past Performance Proposals must be fully self-sufficient and provide all necessary information.

Failure to submit the Past Performance Information Form by the date and time cited above may be cause for rejection and the quote receiving no further consideration.

FAR 52.212-2 Evaluation— Commercial Items applies to this acquisition (NOV 2021)

The following shall be used to evaluate quotes: (i) Past performance and (ii) Price. Past performance is more important than price. The degree of importance of the quoted price will increase with the degree of equality of the quotes in relation to the other factor(s) on which selection will be based. Vendors with no record of past performance will be assigned a neutral rating for this factor. The CLIN 0001 pricing for the specified work is based on return of useable like-cores for the unit exchange items. For evaluation purposes, the vendor’s pricing of the unit exchange items will be added to the total of CLIN 0001 pricing to determine the overall evaluated price.

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (MAY 2022)

Quoters shall include a completed copy of 52.212-3 with quotes. All clauses shall be incorporated by reference in the order.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (NOV 2021) with the following addenda:

(a) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

(b) The place of acceptance will be at:

NOAA Marine Operations Center – Atlantic (MOC-P)

Okeanos Explorer

2002 SE Marine Science Drive

Newport, OR 97365

(b) NAM 1330-52.242-70 SUBMITTAL OF INVOICES (FEB 2011)

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

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

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

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

(c) FAR 52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term “f.o.b. destination,” as used in this clause, means-

(1) Free of expense to the Government, on board the carrier’s conveyance, at a specified delivery point where the consignee’s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee’s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or

“constructive placement” as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including “piggyback”) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item568 of the National Motor Freight Classification for “heavy or bulky freight.” When supplies meeting the requirements of the referenced Item568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall-

(1) (i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

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

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

(f) CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

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

(NOV 2021)

(h) FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNALCONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the

Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312

(Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure

Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the

Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(i) FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV

2021)

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

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

Item Description Report

Description

Due Date Deliver To Reference

Engine No. 3 and No. 4 overhaul for the NOAA

Ship Okeanos Explorer

Inspection and

Test Findings

Report

Upon completion of inspections and testing

Port

Engineer SOW Paragraph 3.3.3

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

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

Item Description

Quantity

Estimated Value/Each New zinc anodes

4 Units $160.00/ $40.00 each

(l) NAM 1330-52.270-304 NOAA ACQUISITION AND GRANTS 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 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.

(m) CAR 1352.271-87 CHANGES – SHIP REPAIR (APR 2010)

(n) CAR 1352.271-72 ADDITIONAL ITEM REQUIREMENTS (AIR) - GROWTH WORK (APR 2010)

(a) This clause applies to Additional Item Requirements (AIR), also known as growth and emergentwork ordered by the

Contracting Officer pursuant to the Changes - Ship Repair clause or mutually agreed upon by the parties. The contractor shall perform AIR at the labor billing rates designated in the Schedule, as described in paragraph (c) of this clause. The AIR handling fee designated in the Schedule shall be the sole fee used for direct material purchases and subcontractor handling.

The estimated quantity of labor hours and handling fees represent the Government's best estimate for growth that may be required throughout the contract performance period. All growth work shall be paid at the prices stated in the Schedule.

(b)The contractor shall take into account the potential for ordering all estimated AIR quantities indeveloping the Production

Schedule. The ordering of any portion of the AIR quantities does not in itself warrant an extension to the original contract completion date; however, for planning purposes, the Government anticipates ordering AIR in accordance with the following schedule:

(1)No more than 75% of the hours during the first half of the contract period of performance.

(2)No more than 50% of the hours during the third quarter of the contract period of performance.

(3)No more than 30% of the hours during the fourth quarter of the contract period of performance.

(c) The AIR labor rate shall be a flat, hourly rate to cover the entire effort and shall be burdened to include:

(1)Direct production labor hour functions only. Direct production labor hours are hours of skilledlabor at the journeyman level expended in direct production. Direct production is defined as work performed by a qualified craftsman that is directly related to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. The following functions are identified as direct production: Abrasive Cleaning/Water

Blasting, Tank Cleaning, Welding, Burning, Brazing, Blacksmithing, Machining (inside and outside), Carpentry, Electrical/Electronic Work, Crane Operation, Shipfitting, Lagging/Insulating, Painting, Boilermaking, Pipe Fitting, Engineering (Production), Sheetmetal Work, Staging/Scaffolding, and Rigging.

(2)Non-production labor hours (whether charged directly or indirectly by contractor's accountingsystem) shall be for labor in support of production functions. For purposes of this clause, support functions are defined as functions that do not directly contribute to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. Necessary support functions should be priced into the burdened rate for production labor hours.

Examples of support functions include: Testing, Quality Assurance (inspection), Engineering (support), Planning

(including involvement of craft mailto:Rafael.Roman@noaa.gov foreman/journeyman in planning a task), Estimating (including determination of necessary materials and equipment needed to perform a task), Material Handling, Set-up (moving tools and equipment from shop to ship to perform a task), Fire Watch, General Labor (including general support of journeyman tasks), Cleaning (including debris pickup and removal), Surveying, Security, Transportation, Supervision, and Lofting (sail/pattern making).

(d) Additional Item Requirements do not include replacement work performed pursuant to the Inspection and Manner of

Doing Work or Guarantees clauses.

(e) It is the Government's intention to award any growth work identified during the repair to the contractor, if a fair and reasonable price can be negotiated for such work, based upon Schedule rates. If a fair and reasonable price cannot be negotiated, the Government may, at its discretion, obtain services outside of the contract. Such services may be performed while the ship is undergoing repair in the contractor's facility pursuant to the Access to Vessels clause.

(f) The contractor shall submit to the Contracting Officer the following information in all AIR proposals:

(1) Number of labor hours estimated; broken down by specific direct production labor category.

(2) Material estimates, individually broken out and priced. When requested by the Contracting Officer, material quotes shall be provided.

(3) Subcontractor estimates, individually broken out and priced along with the actual subcontractor quotes. The requirement to submit subcontractor quotes may be waived if deemed appropriate by the Contracting Officer.

(4) Material/subcontractor handling fee and the basis for the fee.

(g) The contractor shall not be entitled to payment for any hours ordered pursuant to this clause until such time as a written contract modification is executed.

The following additional information is applicable to this acquisition:

FAR 52.203-3 Gratuities

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower

Rights

FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements—Representation

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements FAR 52.204-7

System for Award Management

FAR 52.204-13 System for Award Management Maintenance

FAR 52.204-16 Commercial and Government Entity Code Reporting

FAR 52.204-18 Commercial and Government Entity Code Maintenance

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

FAR 52.209-7 Information Regarding Responsibility Matters

FAR 52.217-7 Option for Increased Quantity – Separately Priced Line Item

FAR 52.225-8 Duty-Free Entry

FAR 52.223-6 Drug-Free Workplace

FAR 52.223-7 Notice of Radioactive Materials

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

CAR 1352.209-74 Organizational conflict of interest (APR 2010)

CAR 1352.201-70 Contracting Officer’s Authority (March 2010)

CAR 1352.228-70 Insurance coverage

(a) Workers Compensation and Employer's Liability. The contractor is required to comply with applicable Federal and

State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

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

NAM 1330-52.237-70, Contractor Communications (Sep 2017)

NAM 1330-52.237-71, NOAA Government-Contractor Relations – Non-Personal Services (Sep 2017)

NAM 1330-52.237-72, Contractor Access to NOAA Facilities

NAM 1330.52-222-71, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy Applicable to Crew

Members of Vessels under NOAA Contract or Order (May 2018)

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

(END OF ADDENDA TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

(NOV 2021))

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

EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAY 2022)

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 lawor 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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, 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 hasindicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I

(OCT 1995) ( 41U.S.C.4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN

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

2009.)

XX (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).

XX (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 (SEP 2021) (15 U.S.C. 657a).

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP

2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

XX (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) of 52.219-6 (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.

X X (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 (NOV 2021) (15 U.S.C. 637(d)(4)).

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

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

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

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

(18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 202) (15 U.S.C. 644(r)).

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

XX (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP

2021) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

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(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (SEP 2021) (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 (SEP 2021) (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)).

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

XX (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

XX (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.

XX (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.

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

XX (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (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 (MAY 2022). (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).

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(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.

XX (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.

XX (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 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).

XX (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 (FEB 2021).

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(56) 52.232-29, Terms for Financing of Purchases of Commercial Items

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (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

(NOV 2021) (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 (NOV 2021) of 52.247-64.

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

Executive orders applicable to acquisitions of commercial items:

XX (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).

XX (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).

XX (7) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

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

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

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(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 (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

(v) 52.219-8, 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 (Aug2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) 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 (MAY2014) (41 U.S.C. chapter 67).

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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 (NOV 2021)

(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.

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LIST OF ATTACHMENTS

The following documents are attached and made part of this contract:

Attachment Title Number of

Pages

Statement of Work for the CATERPILLAR D398 20,000 Hour Engine

Overhaul in accordance with references for the NOAA Ship Okeanos

Explorer

2 REFERENCE DOCUMENT - NOAA Standard Specification AMC-000-

1FC titled “General Requirements for Ship Repair Contract on NOAA

Ships”

3 U.S. Department of Labor Wage Determination No. 2015-5575, Rev. 20 11

4 Past Performance Information Form 1

5 Past Performance Questionnaire 4

******* End of Contract Language ********