RFQ 1305M321QNRMA0011.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

NR-MAH000-21-00157

1305M321QNRMA0011

DARRIN MOORE

DARRIN.MOORE@NOAA.GOV 303-497-5588

1200 MT

AJ730004

WESTERN ACQUISITION DIVISION

SOU6

325 BROADWAY

BOULDER CO 80305

483114

MAH00031

PACIFIC MARINE ENVIRO LAB

7600 SAND POINT WAY NE

/R/PMEL

SEATTLE WA 98115-6349

see continuation page for line item details.

See Schedule

FEB 01, 2021

Please

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

1305M321QNRMA0011

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Bering and Chukchi Sea Vessel Charter days in accordance with the attached supporting documents

25.00 DA

NTE NTE

0002 Charter Vessel Fuel 1.00 JB

OPT

0003 Bering and Chukchi Sea Vessel Charter Optional Extra

Days

Period of Performance: 08/01/2021 to 10/10/2021

10.00 DA

PAGE 3 OF 40 1305M321QNRMA0011

1305M321QNRMA0011 Bering and Chukchi Sea Vessel Charter

Contents B SECTION B – SF1449 Continuation of Schedule

C SECTION C - Clauses and Contract Language

C.1 FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (OCT 2018)

(DEVIATION 2017-02) (AUG 2017)

C.2 Addendum to FAR 52.212-4 Contract Terms and Conditions-Commercial Items, (OCT 2018) (DEVIATION 2017-02) (AUG 2017)

C.2.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

C.2.2 FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

C.2.3 FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 9

C.2.4 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

(JUN 2016)

C.2.5 FAR 52.232-18 Availability of Funds (APR 1984)

C.2.6 FAR 52.245-1 Government Property--Alternate I (APR 2012)

C.2.7 FAR 52.247-14 Contractor Responsibility for Receipt of Shipment (APR 1984) ... 9

C.2.8 FAR 52.247-15 Contractor Responsibility for Loading and Unloading (APR 1984)

C.2.9 FAR 52.247-22 Contractor Liability for Loss of and/or Damage to Freight other than Household Goods (APR 1984)

C.2.10 CAR 1352.201-70 Contracting Officer's Authority (MAR 2010)

C.2.11 CAR 1352.209-73 Compliance with the laws (APR 2010)

C.2.12 CAR 1352.209-74 Organizational conflict of interest (APR 2010)

C.2.13 FAR 52.217-6 Option for Increased Quantity (MAR 1989)

C.2.14 FAR 52.217-8 Option to Extend Services (NOV 1999)

C.2.15 FAR 52.252-6 Authorized Deviations in Clauses (APR 1984)

C.2.16 CAR 1352.201-72 Contracting Officer's Representative (COR) (APR 2010)

C.2.17 CAR 1352.237-75 Key personnel (APR 2010)

C.2.18 CAR 1352.245-70 Government Furnished Property (APR 2010)

C.2.19 CAR 1352.246-70 Place of Acceptance (APR 2010)

C.2.20 CAR 1352.270-70 Period of Performance (APR 2010)

C.2.21 NAM 1330-52.203-71 Notice of Post-Government Employment Restrictions (OCT 2015) 12

C.2.22 NAM 1330-52.215-70 Schedule of Deliverables (SEPT 2005)

C.2.23 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 13

C.2.24 NAM 1330-52.232-70 NOAA Limitation of Funds on Time-and-Materials and Labor-Hour Contracts (MAY 2015)

C.2.25 NAM 1330-52.237-70 Contractor Communications

C.2.26 NAM 1330-52.237-71 NOAA Government-Contractor Relations – Non-Personal Services (SEP 2017)

C.2.27 NAM 1330-52.242-70 Submittal of Invoices (FEB 2011)

C.2.28 NAM 1330-52.243-70 Requests for Equitable Adjustment (OCT 2017)

C.2.29 NAM 1330-52.270-304 NOAA Acquisition and Grants Office Ombudsman (OCT 2016) 19

C.2.30 CPARS Registration

C.2.31 Coast Guard Inspection

C.2.32 Charter Vessel Safety

C.2.33 Mechanical Breakdowns or Non-Performance

C.2.34 Firearms

C.2.35 Possession of Liquor or Illegal Drugs

C.2.36 Control of Plastic Discharges

C.2.37 Working Conditions for Government Personnel

C.2.38 Presence of Family Members

C.2.39 Recreational Fishing

C.2.40 Liaison and Coordination

C.2.41 Harmless From Liability

C.2.42 Reimbursable Fuel Costs

C.2.43 Fuel Oil

C.2.44 Invoicing for Fuel

C.3 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (NOV 2020) (DEVIATION 2017-02)

(DEVIATION APR 2020)(DEVIATION 2020-11)

D SECTION D - Attachments

E SECTION E - Solicitation Provisions

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

E.2 FAR 52.204–7 System for Award Management (OCT 2018)

E.3 FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

E.4 FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

E.5 FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018)

E.6 FAR 52.212-3 Offeror Representations and Certifications-Commercial Items

(NOV 2020)

E.7 CAR 1352.242-70 Postaward conference. (APR 2010)

E.8 FAR 52.212-1 Instructions to Offerors—Commercial Items (OCT 2018)

E.8.1 Quote Preparation

E.8.2 Quote Format

E.8.3 Instructions

E.9 FAR 52.217-5 Evaluation of Options (JUL 1990)

E.10 CAR 1352.213-70 Evaluation Utilizing Simplified Acquisition Procedures (APR 2010) 38

E.11 CAR 1352.215-72 Inquiries

E.12 CAR 1352.233-70 Agency protests (APR 2010)

E.13 CAR 1352.233-71 GAO and Court of Federal Claims protests (APR 2010)

B SECTION B – SF1449 Continuation of Schedule

B.1 General The United States Department of Commerce (DOC) National Oceanic Atmospheric Administration (NOAA), Pacific Marine Environmental Laboratory (PMEL) requires Vessel Charter Services for ocean acidification research in the Gulf of Alaska.

B.2 Commercial Acquisition NOAA Solicitation 1305M321QNRMA0011 is hereby issued for the procurement of Vessel Charter Services. This requirement is being solicited as a commercial item.

B.3 Contract Type The Government anticipates awarding a firm-fixed price order with a time & materials CLIN for fuel.

B.4 Service Contract Labor Standards This contract meets the definition of “Service Contract” in accordance with FAR 22.001 and therefore is subject to the Service Contract Labor Standards. However, the overtime requirements of the Fair Labor Standards Act do not apply to employees who qualify as “seaman.”

B.5 Award Process and Inspection Should your company be selected to fill this requirement, you will be issued a Letter of Intent to Award (LOIA) contingent on Government inspection and/or approval. Upon issue of the LOIA, the Government reserves the right to inspect the proposed vessel to confirm the information provided in the proposal.

The Government may request physical inspection of the proposed vessel to verify that it meets or exceeds the requirements of Solicitation Attachment 1-Vessel Requirements, to include the contents at 1. Minimum Vessel Characteristics, 2. More Favorable Characteristics, and 4.

Accommodation Requirements. Further, the inspection shall be used to provide confirmation of information provided on Attachment 3-Charter Vessel Characteristics Form.

If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections made at other than the Contractor’s or subcontractor’s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection.

The Government reserves the right to waive inspection and issue approval solely at their discretion. Should your company subsequently receive approval after having been issued the LOIA, your company will then be provided an award. Should the inspection not be able to conclusively confirm the validity of the information provided in the proposal, the LOIA will be withdrawn and another company will be selected.

B.6 Fuel Consumption

Estimated average daily fuel consumption is the number of gallons that a vessel is expected to consume during a typical charter day under the following conditions. The Government will use the calculations for these items for evaluation purposes only. At the Government’s option, the Contractor may be required to purchase fuel during the charter and receive reimbursement from the Government, should it be determined to be in the Government’s best interest to do so.

(1) NUMBER OF GALLONS THAT A VESSEL IS EXPECTED TO CONSUME OVER A 24

HOUR PERIOD OF OCEANOGRAPHIC SURVEY UNDER THE FOLLOWING

CONDITIONS:

(a) Conducting Conductivity, Temperature, and Depth (CTD) and plankton net sampling (4 two hour stations) at 1 knots;

(b) Cruising between stations at cruising speed for an additional 16 hours =

Estimated Daily Fuel Consumption: _________ gallons

(2) Estimated Daily Fuel Consumption x $3.30 per gallon = $___________ (Estimated Cost of

Fuel per Day)

(3) NUMBER OF GALLONS THAT A VESSEL IS EXPECTED TO CONSUME OVER A 24

HOUR PERIOD TRANSITING: Estimated Daily Fuel Consumption: ________ gallons

(4) Estimated Cost of Fuel per Day x Number of Charter Days (base charter days + optional charter days, calculated for each specific contract period) + Estimated Cost of Fuel per Day x Number of Transit Days = $___________ (FILL-IN FOR LINE ITEM 0002 OF THE

PRICE SCHEDULE).

The Government will use the quoted average daily fuel consumption data to arrive at an estimated cost of fuel for each charter period. The total estimated cost will be added to each Offeror’s total quoted price to arrive at a total estimated price for evaluation purposes. The actual fuel for each charter period may be provided by the Government. Should the Government determine it to be more cost effective, the contractor may be required to purchase fuel for which the Government will reimburse the contractor. Invoices for such costs musts include a copy of the invoice/receipt from the provider.

Sample Calculation (using a sample daily fuel consumption value of 1,000 Gallons):

Estimated average daily fuel consumption 1,000 gallons times $3.30 per gallon = $3,300.00 (Estimated cost of fuel per day).

Estimated cost of fuel per day ($3,300.00) times 20 days = $66,000.00 (Total estimated cost of fuel for the base period).

C SECTION C - Clauses and Contract Language

C.1 FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (OCT 2018)

(DEVIATION 2017-02) (AUG 2017)

(deviation below) (a)* * * * *

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

C.2 Addendum to FAR 52.212-4 Contract Terms and Conditions-Commercial Items, (OCT 2018) (DEVIATION 2017-02) (AUG 2017)

The following clauses are incorporated into this order as an addendum to FAR 52.212-4:

C.2.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses, provisions, or contract language by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulations (FAR) Clauses/Provisions:

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

Department of Commerce Acquisition Regulations (CAR) Clauses/Provisions:

https://www.acquisition.gov/car

The following clauses are hereby incorporated by reference:

C.2.2 FAR 52.204-13 System for Award Management Maintenance (OCT 2018) C.2.3 FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) C.2.4 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

(JUN 2016)

C.2.5 FAR 52.232-18 Availability of Funds (APR 1984) C.2.6 FAR 52.245-1 Government Property--Alternate I (APR 2012) C.2.7 FAR 52.247-14 Contractor Responsibility for Receipt of Shipment (APR 1984) C.2.8 FAR 52.247-15 Contractor Responsibility for Loading and Unloading (APR 1984) C.2.9 FAR 52.247-22 Contractor Liability for Loss of and/or Damage to Freight other than Household Goods (APR 1984)

C.2.10 CAR 1352.201-70 Contracting Officer's Authority (MAR 2010) C.2.11 CAR 1352.209-73 Compliance with the laws (APR 2010) C.2.12 CAR 1352.209-74 Organizational conflict of interest (APR 2010)

The following clauses and/or contract language are hereby incorporated by full text:

C.2.13 FAR 52.217-6 Option for Increased Quantity (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor at any time within the period of performance. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

C.2.14 FAR 52.217-8 Option to Extend Services (NOV 1999)

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

The Contracting Officer may exercise the option by written notice to the Contractor within thirty

(30) days of end of current contract period of performance.

Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services. The option will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise.

C.2.15 FAR 52.252-6 Authorized Deviations in Clauses (APR 1984)

(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 Department of Commerce Acquisition Regulation (CAR) (48 CFR 13) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

C.2.16 CAR 1352.201-72 Contracting Officer's Representative (COR) (APR 2010)

(a) (To Be Designated by Letter Upon Award) 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:

(To Be Designated by Letter Upon Award)

(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.

C.2.17 CAR 1352.237-75 Key personnel (APR 2010)

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

Captain - to be assigned at award Cook Mate- to be assigned at award

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

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

C.2.18 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.

See Attachment 2 Government Furnished Property, to be determined prior to performance

C.2.19 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:

Pier TBD - Seattle, Washington

C.2.20 CAR 1352.270-70 Period of Performance (APR 2010)

(a) The base period of performance of this contract is estimated to occur in the months of August and September of 2021. The exact start date will be determined by the Government in consultation with the Contractor but the start date must be so the charter can be completed by October 10, 2021. 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 up to six (6) months extension in accordance with FAR 52.217-8.

(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-8.

C.2.21 NAM 1330-52.203-71 Notice of Post-Government Employment Restrictions (OCT 2015)

By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with quoters regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in:

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

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

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

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

C.2.22 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:

Deliverable Frequency # of Copies

Medium/Format Submit to

Sexual Assault Training Report in accordance with

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)

See NAM 1330- 52.222-71

1 MS Word / .PDF COR and CO

C.2.23 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

(a) General Policy.

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

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

(b) Applicability.

The policy set forth in NAO 202-1106 applies to all contractor employees identified as crew members on vessels secured for use under a NOAA contract or order. Prior to performance, the contractor shall provide all contractor employee crew members an awareness briefing on the requirements of the NAO and a copy of or access to a copy of the NAO. All contractor employee crew members must comply with the NAO, which includes completion of the mandatory training provided by NOAA as described in (d) below. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract for services involving the use of vessels so that it is binding on each subcontractor.

(c) Definition.

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

(d) Mandatory Training.

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

2. The training will include by-stander intervention training and specific steps on how to prevent and report sexual assault and sexual harassment, as well as training on drug and alcohol awareness in the workplace. The training will typically be provided within two

(2) hours of the vessel’s departure from port.

3. A copy of NAO 202-1106 will be provided to each crew member upon initial boarding of the vessel. Each crew member must sign a form managed by the vessel’s Commanding Officer/Operations Officer verifying they have received and will comply with the NAO in its entirety.

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

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

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

(f) Remedies.

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

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

2. Requiring the contractor to terminate a subcontract;

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

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

5. Suspension or debarment; or

6. Other appropriate action.

C.2.24 NAM 1330-52.232-70 NOAA Limitation of Funds on Time-and-Materials and Labor-Hour Contracts (MAY 2015)

It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price of TBD. Funds in the amount of TBD are hereby allotted. The balance of this contract’s estimated ceiling will be allotted upon availability of funds through a unilateral modification(s).

(a) The parties estimate that performance of this contract will not cost the Government more than the ceiling amount specified in the contract. The contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the ceiling amount.

(b) The Schedule specifies the amount of funds presently available for payment by the Government and allotted to this contract as well as the items covered. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, provided that funds become available. The contractor agrees to perform work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.

(c) The contractor shall notify the contracting officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 85% of the total funded amount so far allotted to the contract by the Government. The notice shall state the additional funds required to continue performance for the period specified in the Schedule.

(d) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this solicitation and contract language –

The Government is not obligated to reimburse the contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and The contractor is not obligated to continue performance under this contract or otherwise incur costs in excess of the amount then allotted to the contract by the Government until the contracting officer notifies the contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this contract.

(e) Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the Schedule, unless they contain a statement increasing the amount allotted.

(f) Nothing in this language shall affect the right of the Government to terminate this contract. If this contract is terminated, the Government and the contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.

C.2.25 NAM 1330-52.237-70 Contractor Communications

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

1. Included in NOAA’s locator, and

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

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

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

C.2.26 NAM 1330-52.237-71 NOAA Government-Contractor Relations – Non-Personal Services (SEP 2017)

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

(b) Contractor personnel under this contract shall not:

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

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

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

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

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

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

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

C.2.27 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 of delivery.

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.2.28 NAM 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 clause 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 clause 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.

C.2.29 NAM 1330-52.270-304 NOAA Acquisition and Grants Office Ombudsman (OCT 2016)

(a) The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:

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

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

3. Identify constraints in transparency

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

NOAA.

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

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

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

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

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

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

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

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

C.2.30 CPARS Registration

The value of this procurement requires that the winning vendor be registered in the Contractor Performance Assessment and Reporting System (CPARS) at https://www.cpars.gov/index.htm. Registration within 30 days of contract award is required.

C.2.31 Coast Guard Inspection

Performance under this contract is dependent on the vessel possessing a current United States Coast Guard (USCG) Certificate of Inspection (COI) inspected as: Freight Vessel (Subchapter I), Offshore Supply Vessel (Subchapter L/I) or Oceanographic Research Vessel (Subchapter U); Or optional USCG Letter of Designation to operate as a Oceanographic Research Vessel. The vessel’s COI must be endorsed for the carriage of 14 (or more) “persons in addition to the crew” or permit the carriage of 14 (or more) scientific personnel.

C.2.32 Charter Vessel Safety

The contractor shall adhere to the safety regulations as set forth in Coast Guard regulations for an inspected vessel (specifically, 46 CFR Part 199) or subsequent additions or revisions. These regulations require that specified vessels be equipped with a variety of safety features and equipment.

Following personnel changes, safety orientations must be given to each individual on board that has not received the instruction or has not participated in the drills, prior to continuation of vessel operations. The contractor shall conduct such safety orientations prior to sailing on each cruise leg. Due to the frequent wholesale exchange of scientific personnel at cruise breaks, it is required that a fire and abandon ship drill be completed early in each cruise leg even if less than a month has elapsed since the last drill. Each vessel must also have all required emergency instructions posted.

C.2.33 Mechanical Breakdowns or Non-Performance

The contractor is responsible for maintaining all contractor provided equipment and vessels in a safe operating condition during contract performance. If a mechanical breakdown of the vessel occurs or other contractor provided equipment that is greater than 12 hours cumulative within a 24-hour period that begins at 0700 and ends at 0659, the vessel and all contractor provided equipment shall be considered off charter and make-up days may be required at no additional cost to the Government.

The charter shall also be considered off charter if the Captain or Crew of the boat is unable to perform the duties as outlined in the Statement of Work in increments of time greater than 12 hours cumulative within a 24-hour period that begins at 0700 and ends at 0659. The contractor shall make every reasonable effort to resolve the problem causing the vessel, contractor provided equipment or Captain and Crew to be out of service and bring it back into service as quickly as possible to continue contract performance. Mechanical breakdown periods in excess of four (4) consecutive or four (4) cumulative days may be grounds for termination of the contract. In the event that the breakdown requires the vessel to return to port for repairs, the vessel will not be considered back on charter until the vessel returns to active survey status as determined by the Contracting Officer in consultation with COR.

C.2.34 Firearms

The Government prefers that no firearms be carried on board during the charter. However if the vessel has firearms on board that cannot reasonably be removed prior to the charter, the firearms may stay on board if the COR gives approval prior to the vessel departure. Any firearms approved for carriage during the charter period, must be kept locked in the Captain’s quarters at all times during the charter. Onshore use of firearms shall be at the discretion of the Captain.

C.2.35 Possession of Liquor or Illegal Drugs

During the charter period, the possession or use of intoxicating liquor and/or illegal drugs by any person is not permitted and may be grounds for termination of this contract by the Government.

C.2.36 Control of Plastic Discharges

Contractor shall comply with the Marine Plastic Pollution Research and Control Act of 1987, which establishes Federal requirements for controlling plastic discharges from ships.

C.2.37 Working Conditions for Government Personnel

The contractor shall provide safe, efficient working conditions and accommodations to the Government personnel free from violence, threats of violence, harassment (including sexual harassment), intimidation, and other disruptive behavior. The contractor, its agents, subcontractors, and employees, including the Captain and crew of the vessel shall not harass, assault, oppose, impede, intimidate, threaten, interfere with or make unwelcome advances toward any member of the Government field party. Violation under this clause may result in termination of the contract, at the discretion of the Government under the “Termination for Cause” paragraph of FAR 52.212-4, and in consequent liability of the contractor to the Government for any costs incurred, as well as debarment, suspension or similar action from future participation in government contracts.

C.2.38 Presence of Family Members

Unless serving as crew, the spouses or children of crew members or owner(s) may not accompany the vessel during the term of the charter without obtaining written approval in advance from the vessel captain. Liability for any family members allowed on board during the charter is solely the responsibility of the contractor.

C.2.39 Recreational Fishing

Scientists and vessel’s crew members may engage in recreational fishing upon obtaining permission from the vessel’s Captain. Recreational fishing must be done in full compliance with the recreational fishing laws and regulations in effect at the fishing locality. Fish and shellfish caught recreationally may be consumed aboard the vessel or, with permission of the captain, be retained for consumption after the completion of the charter. Recreationally caught fish which are retained should be clearly marked as such, including the license holder’s name. It is the responsibility of each recreational fisherman to meet all legal and license requirements relative to the capture, landing, and possession of recreationally caught fish.

C.2.40 Liaison and Coordination

The Contractor shall coordinate efforts with the Contracting Officer or a designated representative. Any request or recommendation for a change shall be made in writing to the Contracting Officer for necessary implementation, if applicable.

C.2.41 Harmless From Liability

The contractor shall hold and save the Government, its officers, agents, and employees harmless from liability of any nature or kind, including costs and expenses to which they may be subject or on account of any or all suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or persons or property by virtue of performance of this contract, arising or resulting in whole or in part from the fault, negligence, wrongful act or wrongful omission of the contractor, or any subcontractor, their employees, and agents.

C.2.42 Reimbursable Fuel Costs

Reimbursable costs include fuel only. Expenses for fuel necessary during the charter will be reimbursed under contract line item CLIN 0002 Fuel Usage (See Price Schedule), reference C.2.40 – Invoicing for Fuel Oil of this contract.

The costs identified in this paragraph will be reimbursed by the Government. Invoices for such costs must include a copy of the invoice from the provider. Only actual costs will be reimbursed, and will only be reimbursed to the charter contractor:

C.2.43 Fuel Oil

Fuel oil for the performance of the charter will either be provided by the Government or the contractor costs for fuel oil will be reimbursed by the Government, up to the pre-approved amount. Overages must be approved by the Contracting Officer in advance of incurring charges.

A Government representative and a vessel crew member shall together, verify the volume of fuel on board at the beginning of the charter and the end of the charter, in order to ensure the Government provides no more or less fuel than the performance of the charter requires. If the Government provides fuel to the contractor and owes the contractor fuel at the end of the charter, the Government may provide to the contractor either fuel or funds equal to the amount it would cost the Government to provide the fuel. If the contractor has received more fuel than required for the charter, the Government shall deduct the Government’s costs for the excess fuel from the final payment to the contractor. The Government may choose to order fuel oil through a separate Government fuel contract when it is available. Fuel required in ports where fuel is not procured through a Government contract shall be purchased by the vessel charter contractor, not to exceed the awarded amounts in the Contract’s price schedule for fuel. Fuel purchased by the contractor to replace that used for charter operations will be billed to and payable by the vessel charter contractor who will in turn bill the Government for reimbursement.