RFQ (CSS) 1305M326Q0297.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

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

. YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

1305M326Q0297

US DOC NOAA ESRL

CHEMICAL SCIENCES DIVISION

325 BROADWAY R/CSD1

BOULDER CO 80305-3328

WAD-OAR

325 BROADWAY, SOU6

BOULDER CO 80305

WAD-OAR

325 BROADWAY, SOU6

BOULDER CO 80305

08/05/2026 1000 MT

ANTHONY EUBANKS

REMO DINO DELA CRUZ

513210

$47

07/28/2026

MJ300004

Period of Performance: 09/13/2026 to

09/12/2027

0001 LabView Enterprise Program Renewal for

Enterprise Program Service ID EA-15701 by

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

National Instruments Corporation

Anticipated Award Type: Firm-fixed-price

Product/Service Code: 7A21

1001 Option Period 1

LabView Enterprise Program Renewal for

Enterprise Program Service ID EA-15701 by

National Instruments Corporation

Anticipated Award Type: Firm-fixed-price

Product/Service Code: 7A21

Period of Performance: 09/13/2027 to

09/12/2028

2001 Option Period 2

LabView Enterprise Program Renewal for

Enterprise Program Service ID EA-15701 by

National Instruments Corporation

Anticipated Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: 7A21

Period of Performance: 09/13/2028 to

09/12/2029

1305M326Q0297 BASE

Section 2 - Continuation

GENERAL

CONTRACT TYPE

PRICING ARRANGEMENT

Section 3 - Contract Terms and Conditions Section 4 - Attachments Section 5 - Provisions

Section 2 - Continuation

GENERAL

Please be advised that throughout this solicitation, the terms Federal Acquisition Regulation (FAR) and Revolutionary FAR Overhaul (RFO) are used interchangeably. For the purposes of this request for quotation (RFQ), all such references shall be interpreted as referring specifically to the RFO.

This is a combined synopsis and solicitation issued as an RFQ for providing a LabView Enterprise Program Renewal to the Chemical Sciences Laboratory (CSL) in Boulder, CO. This requirement is being solicited as a commercial item utilizing simplified procedures according to RFO part 12.

CONTRACT TYPE

The Government anticipates awarding a Firm-Fixed-Price (FFP) purchase order.

PRICING ARRANGEMENT

See Attachment 2 - Pricing Schedule for the pricing arrangement.

Section 3 - Contract Terms and Conditions

FAR 52.222-3 Convict Labor. (JUN 2003)

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)

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

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

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

RFO 52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020) - Alternate I (NOV 2021)

RFO 52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)

RFO 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(JAN 2017)

RFO 52.204-13 SYSTEM FOR AWARD MANAGEMENT-MAINTENANCE. (OCT 2018) (Deviation JAN 2026)

RFO 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED.

(JAN 2025) (Deviation JAN 2026)

RFO 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015) (Deviation JAN 2026)

RFO 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (JAN 2025) (Deviation JAN 2026)

RFO 52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES. (JAN 2025)

(Deviation JAN 2026)

RFO 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020) (Deviation JAN 2026)

RFO 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUN 2020) (Deviation JAN 2026)

RFO 52.222-37 EMPLOYMENT REPORTS ON VETERANS. (JUN 2020) (Deviation JAN 2026)

RFO 52.222-50 COMBATING TRAFFICKING IN PERSONS. (OCT 2025) (Deviation JAN 2026)

RFO 52.222-90 Addressing DEI Discrimination by Federal Contractors ((DEVIATION April 2026))

RFO 52.223-23 Sustainable Products. (MAY 2024) ((DEVIATION Jan 2026))

RFO 52.225-1 BUY AMERICAN-SUPPLIES (OCT 2022) (Deviation JAN 2026)

RFO 52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving. (MAY 2024)

RFO 52.229-12 Tax on Certain Foreign Procurements. (FEB 2021)

RFO 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)

RFO 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)

RFO 52.233-3 PROTEST AFTER AWARD. (AUG 1996) (Deviation JAN 2026)

RFO 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) (Deviation JAN 2026)

RFO 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS. (Deviation JAN 2026)

RFO 52.240-93 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS. (Deviation

JAN 2026)

RFO 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (OCT

2025) (Deviation JAN 2026)

Standard Language Standard Language for Section 3

OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

(a) The Government hereby provides notification that Government personnel observe the listed days as holidays:

(1) New Year's Day

(2) Birthday of Martin Luther King, Jr.

(3) President's Day

(4) Memorial Day

(5) Juneteenth National Independence Day

(6) Independence Day

(7) Labor Day

(8) Columbus Day

(9) Veteran's Day

(10) Thanksgiving Day

(11) Christmas Day

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

(1) Any other day designated by Federal Statute

(2) Any other day designed by Executive Order

(3) Any other day designed by the President’s Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel are authorized by the Government to work during the holiday at the government site, they may be reimbursed by the Contractor; however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

(d) When the Federal entities grant excused absence to its employees, the Contractor agrees to continue to provide sufficient personnel at a government site to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued the COR or the CO.

(e) If Government personnel are furloughed, the Contractor shall contact the Task Manager or the COR to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

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

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

(f) In those situations that Government personnel are furloughed, the Contractor may not invoice for their employees working during the Government furlough, until such time as any special legislation affecting Government personnel is signed into law.

(g) When any holiday falls on a Saturday, the preceding Friday is observed; when any holiday falls on a Sunday, the following Monday is observed. All personnel assigned to this contract shall limit their observation of holidays to those set forth above.

CPARS REGISTRATION

The value of this procurement requires that the winning vendor be registered in the Contractor Performance Assessment and Reporting System (CPARS). Registration within 30 days of contract award is required.

SYSTEM UPDATES

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in this solicitation. Contracting officers will rely on representations from offers based on provisions in the solicitation. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Standard Language UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

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

(a) TBD 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:

TBD

Phone Number: TBD

E-mail: TBD

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

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:

325 Broadway Boulder, CO 80305

(End of clause)

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

(a) The base period of performance of this contract is from 09/13/2026 through 09/12/2027. If an option is exercised, the period of performance shall be extended through the end of that option period.

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

Option Period 1 - 09/13/2027 - 09/12/2028 Option Period 2 - 09/13/2028 - 09/12/2029

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

(End of clause)

NOAA Acquisition Manual 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT

RESTRICTIONS (OCT 2015)

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

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

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

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

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

(End of solicitation and contract language)

NOAA Acquisition Manual 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005)

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

Description Due Date Quantity Enterprise Program Renewal for Enterprise Program Service ID EA-15701 Annually on September 13th 1

(End of solicitation and contract language)

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

The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232-25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)).

The Contractor must include the following documents as attachments to payment requests submitted through the IPP: None.

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception.

(End of solicitation and contract language)

RFO 52.217-8 Option To Extend Services. (NOV 1999)

(a) 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 any time prior to the contract expiration date.

If the Government fails to extend the term of the contract within the period identified and the Government has provided a written notice to the Contractor that the action is undergoing review in accordance with Department of Commerce procedures for implementing Executive Order 14222 the contractor shall stop all work and incur no costs to be charged to the Government.

Once the Department of Commerce’s review process has occurred, or no later than 30 days from the initial review notification, the Government will notify the contractor if the option may be exercised and, if so, adjust start and end dates of the period of performance accordingly. The Government will then extend the term of the contract with a bilateral modification.

Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government to enable continued performance of any services within the limits and rates specified in the contract. The option will be exercised prior to the expiration date of the contract using the rates under the last option year of the contract.

(End of clause)

RFO 52.217-9 Option To Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government fails to extend the term of the contract within the period identified and the Government has provided a written notice to the Contractor that the action is undergoing review in accordance with Department of Commerce procedures for implementing Executive Order 14222 the contractor shall stop all work and incur no costs to be charged to the Government. Once the Department of Commerce’s review process has occurred, or no later than 30 days from the initial review notification, the Government will notify the contractor if the option may be exercised and, if so, adjust start and end dates of the period of performance accordingly. The Government will then extend the term of the contract with a bilateral modification.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three years and six months.

(End of clause)

RFO 52.252-6 Authorized Deviations in Clauses. (NOV 2020)

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

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

(b) The use in this solicitation or contract of any 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.

(End of clause)

Section 4 - Attachments

List of Attachments

Attachment Number Title

1 Attachment 1 - Statement of Need (1305M326Q0297) 2 Attachment 2 - Brand Name Justification (1305M326Q0297) 3 Attachment 3 - Pricing Schedule (1305M326Q0297)

Section 5 - Provisions

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

RFO 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (SEP 2024)

RFO 52.204-7 SYSTEM FOR AWARD MANAGEMENT-REGISTRATION. (NOV 2024) (Deviation JAN 2026)

RFO 52.217-5 EVALUATION OF OPTIONS. (JUL 1990) (Deviation JAN 2026)

RFO 52.233-2 SERVICE OF PROTEST. (SEP 2006) (Deviation JAN 2026)

RFO 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS.

(Deviation JAN 2026)

CAR 1352.233-70 Agency protests. (APR 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

Remo Dela Cruz Contracting Officer, Western Acquisition Division U.S. Department of Commerce/NOAA 325 Broadway Boulder, CO 80305

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

Bianca Bueno Branch Chief, Oceanic and Atmospheric Research Branch Western Acquisition Division U.S. Department of Commerce/NOAA 325 Broadway Boulder, CO 80305

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C.

Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.

(End of clause)

RFO 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. (SEP 2023) (Deviation JAN 2026)

(a) Quotation submission instructions.

(1) The quoter shall submit documentation illustrating its approach for satisfying the requirements of this solicitation. Quotations must be clear, coherent, and prepared in sufficient detail for effective evaluation of the quoter’s quotation against the evaluation criteria listed in FAR 52.212-2. This documentation shall cover all aspects of the solicitation and include the quoter’s approach to meeting the requirement as described in this solicitation.

(2) Quotes shall be submitted electronically to Anthony Eubanks at anthony.eubanks@noaa.gov and Remo Dela Cruz at remo.dela-cruz@noaa.gov. Electronic submissions shall have a subject line of QUOTATION for 1305M326Q0297 LabView Enterprise Program Renewal.

(3) It is the quoter’s sole responsibility to ensure quotes reach the individuals identified above prior to the solicitation closing date and time listed in block 8 in the solicitation. For the purposes of establishing the official time of receipt of quotes, a quotation submission will be determined received at the time in which the email is received at the email addresses identified for electronic submission.

(b) Quotation submission requirements. To be accepted for evaluation, submitted quotations in response to this solicitation shall include-

(1) The solicitation number;

(2) The name, address, telephone number of the quoter and point(s) of contact;

(3) The quoter's Unique Entity Identifier (UEI);

(4) A document that includes information necessary to evaluate the factors contained in the provision at FAR 52.212-2(a). This document shall be typed with a font size no less than size 11, composed with a standard paper size of 8.5" by 11", and consist of no more than 10 pages. This document must contain information regarding the quoter's technical capability and approach and past performance as follows:

(i) Technical Capability and Approach.

(A) The quoter shall describe its organizational background, experience, and qualifications in providing LabView Enterprise Program Renewals. The quoter shall provide a description of its recent (within the last 5 years from the date of issuance of this solicitation), relevant (similar in scope) experience (both Government and non-Government) to include information on contracts, subcontracts, and grant work/projects/contracts. The quoter shall explain how each cited contract is relevant to the work identified in this solicitation and how the quoter participated in the contract. The quoter shall give points of contact for each cited contract.

(B) The quoter shall provide a detailed narrative describing its technical approach in sufficient detail to evaluate compliance with the work required in this solicitation.

The detailed narrative shall include the quoter's authorization to provide all requirements contained within NOAA Enterprise Program EA-15701 to include the Enterprise Program Documentation (EPD) for Enterprise Program Service ID “EA- 15701” obtained directly from National Instruments Corporation (NI). The EPD obtained from NI must be provided with the quoter's submission.

(ii) Past Performance.

(A) Past performance information that is provided must be related to contracts performed and/or currently being performed for Federal, State, local Government, and/or private industry within the last three (3) years from the issuance date of this solicitation for the Government to consider when evaluating past performance.

(B) Past performance information shall include-

• Contract number, title, description, start and end dates, and value;

• Reference contact information (name, position, company/agency/entity, phone number and email), and;

• Demonstration of successful performance of contract requirements, quality and timeliness of goods and services delivery, effective management of subcontractors (when applicable), costs management, appropriate communication levels between contractual parties, proactive management, and satisfied customers.

(5) Attachment 2 – Pricing Sheet completely filled out, verified, and without errors. This file shall be submitted in Microsoft Excel format only. Pricing must be based on the quoter's own technical quote, the Government's specifications, and other contractual requirements. If the prices to be used are based on a published price list or catalog, the quotation shall so state, and provide a copy of the document with its price quote. If the prices are to be based on established market prices, not otherwise published, or are prices applicable only to the proposed contract, the quoter shall so state;

(6) Completed and signed Standard Form 1449.

(7) Responses to provisions that require quoter completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM));

and (8) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.

(c) Period for acceptance of quotations. The Quoter agrees to hold the prices in its quotation firm for 120 calendar days from the date specified for receipt of quotations.(d) Late submissions, modifications, revisions, and withdrawals of quotations.

(1) Quoters are responsible for submitting quotations and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.

(2) Any quotation, modification, or revision received after the time specified for receipt of quotations is "late" and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition. However, a late modification of an otherwise successful quotation that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Quoters may withdraw their quotations by written notice to the Government received at any time before award.

(e) Questions and inquiries. Quoters must submit all questions concerning this solicitation in writing to Anthony Eubanks at anthony.eubanks@noaa.gov and Remo Dela Cruz at remo.dela-cruz@noaa.gov.

Questions shall be received no later than July 31, 2026 at 10:00am MST. 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.

(f) Contract award. The Government intends to evaluate quotations and award a contract without discussions with quoters. Therefore, the quoter's initial quotation should contain the quoter's best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all quotations if such action is in the public interest, accept other than the lowest quotation, and waive informalities and minor irregularities in quotations received.

(g) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed Offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.

(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.

(End of provision)

RFO 52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (NOV 2021)

(Deviation JAN 2026)

(a) Evaluation factors. The Government intends to make an award to the responsible quoter whose acceptable quotation provides the Best Value to the Government, which is the expected outcome providing the greatest overall benefit in response to the requirement. All non-price evaluation factors are of equal importance, and when combined, are approximately equal in importance to the evaluated price. The following factors will be used to evaluate quotations:

FACTOR 1 - TECHNICAL CAPABILITY AND APPROACH

The Government will evaluate the following to determine the likelihood of successful performance of the quoter:

• The quoter's organizational background, experience, and qualifications in providing all requirements contained within NOAA LabView Enterprise Program EA-15701. The quoter's description and explanation of recent and relevant experience.

• The quoter's approach to delivering the requirement listed in Attachment 1

- Statement of Need (SON). This includes the quoter's authorization to conduct transactions for LabView Enterprise Program renewals. Quotations that do not include an authentic and current EPD for NOAA Enterprise Program Service ID “EA-15701” obtained directly from NI will be considered unacceptable and will not be considered for award.

FACTOR 2 - PAST PERFORMANCE

The Government will evaluate the quoter's past performance on related contracts to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of services, cost management, communications between contracting parties, proactive management and, overall customer satisfaction.

The Government will use its discretion to determine the sources of past performance information used in the evaluation, and information may be obtained from references provided by the quoter, the agency’s knowledge of contractor performance, other government agencies or commercial entities, past performance databases, or any other information available. The Government reserves the right to evaluate past performance of subcontractors.

If a quoter does not have any past performance information available, the quoter will receive a neutral past performance rating and will not be evaluated favorably or unfavorably.

FACTOR 3 - PRICE

The price evaluation will determine whether the proposed prices are complete, fair, and reasonable by conducting a price analysis, which determines that a "fair and reasonable" price will be paid by the Government. Proposed prices must be entirely compatible with the technical quote. The Government may determine that a quote is unacceptable if the quoted price is significantly unbalanced. The evaluation of options does not obligate the Government to exercise the options.

Calculation of FAR 52.217-8 will be evaluated at half the price quoted for Option Year 2.

The Government anticipates that this contract will be awarded based upon adequate price competition. Should this not be the case, the Contracting Officer reserves the right to require the quoter to submit other than certified cost or pricing data in order to determine pricing to be fair and reasonable.

(End of provision)

RFO 52.225-2 Buy American Certificate. (OCT 2022)

(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(b) Foreign End Products:

Line item No. Country of origin Exceeds 55% domestic content (yes/no)

[List as necessary]

(c) Domestic end products containing a critical component:

Line Item No. ____________

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

RFO 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (JUN 2020)

(a) Definitions. As used in this provision-

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United States.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31));

and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service (IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [ ]is [ ]is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror must select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then-

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

(End of provision)