RFQ.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.

DATED . 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

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

Attachment Page

PAGE 3 OF 55 1305M220QNFFN0109

STATEMENT OF WORK STATEMENT

NOAA MISSISSIPPI LABORATORY

CAMPUS GROUNDS MAINTENANCE SERVICE PROGRAM

C.1 SCOPE: The Contractor shall provide a comprehensive grounds maintenance service program for the NOAA Mississippi Laboratory at the following locations:

3209 Frederic Street

202 Delmas Avenue

151 Watts Avenue

Unnamed/undeveloped area bordered by Delmas Ave, Watts Ave, Anchor Street and adjacent to the NOAA port complex

All locations are in Pascagoula, Mississippi 39567.

C.2 PERIOD OF PERFORMANCE: The Contract Period shall be from

9/1/2020 through 8/31/2021, with four (4) option years.

C.3 CONTRACTOR QUALIFICATIONS:

The Contractor’s primary line of business will be grounds maintenance, and will have been in continuous operation under the same business name for a minimum of 5 years.

The Contractor shall possess and maintain in good standing the following State of

Mississippi licenses/classifications:

Landscaping, Grading, Beautification

Herbicide Application

C.4 SERVICES

The contractor shall provide the following at all locations on each site visit:

Mow all grassy areas

Trim and remove weeds from around all features adjacent to grassy areas; i.e.

telephone and other poles, trees, sign posts, concrete pads, light fixtures, fences, building foundations, gate accessories, etc. Do not damage trees, etc. with trimmer string.

Edge all walkways, sidewalks, curbs, etc

Maintain all sidewalks, walkways, curbs, joints, cracks, asphalt and concrete areas

(out to 12”) in a weed-free condition

PAGE 4 OF 55 1305M220QNFFN0109

Blow lawn debris and dust from all sidewalks, walkways, exterior steps, entrances, landings, handicap ramps (including all adjacent visible exterior features, partitions, and window sills), signage, flag pole and lighting, etc.

Remove all trash and debris

Maintain perimeter fence lines clear of weeds inside and no less than 24” outside the fence line

Do not cut the grass lower than 2.5”

Do not damage landscaping, grass or trees in any way

Do not spill any fluid whatsoever (chemicals, fuel, oil etc.) on Government property

C.5 WORK SCHEDULE

C.5.1 Services described in C.4 shall be provided per the following schedule:

May 1 – October 31: 3 times per month

November 1st – April 30: 2 times per month

C.5.2 To avoid damage to vehicles from flying debris due to congested parking at all locations, Services shall only be performed after 5pm on weekdays, or anytime on weekends.

C.5.3 Contractor shall observe all Federal holidays, as the entire site will be closed

C.6 CONTRACTOR FURNISHED EQUIPMENT:

C.6.1 The Contractor shall provide a telephone number to the GPOC for use in placing service calls. The Contractor shall also provide the cell phone number of the foreman or superintendent assigned to these facilities. The Contractor shall ensure that the foreman or superintendent can be contacted at the said numbers during normal business hours.

C.6.2 The Contractor shall provide all items necessary to perform the grounds maintenance activities stated herein in a timely and professional manner, including, but not limited to, serviceable equipment designed for the purpose, personal protective

(safety) equipment, other tools, fluids, fuel, transportation, etc.

C.7 GOVERNMENT FURNISHED EQUIPMENT:

The Government will provide a sufficient number of electronic access cards to various vehicle gates to permit after-hours grounds access to work crews.

C.8 SITE VISIT:

It is the responsibility of the Contractor to inspect the sites to be maintained to determine condition and compare the Statement of Work with the work to be done to determine all requirements necessary to perform the services required herein. Failure to do so will in

PAGE 5 OF 55 1305M220QNFFN0109

no way relieve the Contractor of the responsibility for performing any work required to meet the terms of this contract. Arrangements for inspection may be made by contacting the Laboratory Facility Manager, Rob Vivian, at 228-762-4591.

C.9 CONTRACTOR RESPONSIBIITIES: The Contractor shall be responsible for the overall grounds maintenance at all the described locations.

C.9.1 The Contractor shall notify the Laboratory Point of Contact of all planned site visits a minimum of 24 hours in advance. Notifications shall be made by either email, phone call or text message.

C.9.2 The Contractor shall not spill any fluids, chemicals, fuel, etc. onto NOAA property or grounds. If an accidental spill of any type or amount occurs, Contractor shall comply with C.11.7 (G) below.

C.10 PERFORMANCE STANDARDS:

C.10.1 At all locations, Contractor’s work shall be in compliance with this PWS at the end of each site visit.

C10.2 The Contractor shall not subcontract any portions of the work without prior, written approval from the GPOC.

C.11 SECURITY AND SAFETY

This section describes the security and safety for this effort. The following sub-sections provide details of various considerations on this effort.

C.11.1 ACCESS TO WORK SITE

A. All persons employed within the boundaries of the property or restricted-access areas therein, and all persons permitted to enter such property and areas shall comply with the security regulations for the SEFSC Mississippi Laboratory.

B. The Government reserves the right to close down the job site and order Contractor personnel off the premises in the event of a national emergency or a shut-down, for as longas security problems persist. The Contractor may only return to the site with verbal approval from the GPOC.

C. The Government reserves the right to exclude or remove from the site or building any employee of the Contractor or a subcontractor whom the Government deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the work is deemed by the Government to be contrary to the public interest.

PAGE 6 OF 55 1305M220QNFFN0109

D. Personnel may be subject to inspection of their personal effects when entering and leaving the facility. In addition, unscheduled inspections of personnel may be made when entering or while on site.

C.11.2 USE OF THE PREMISES

A. Before beginning work, the contractor shall secure approval from the building owner’s representative for the following:

Areas permitted for personnel parking

Access to the site

Security: Obey the government’s requirements for personnel identification, inspection and other security measures

B. Contractor shall provide storage for tools and materials. The Government is not responsible for providing storage or security of materials, tools, or equipment.

C.11.3 PERSONNEL

A. Upon request, Contractor shall provide proof that all on-site employees are US citizens or legal aliens.

B. The contractor shall not employ personnel with felony convictions or with a record of narcotics use for work at Mississippi Laboratory.

C. The contractor is responsible for completing a security investigation on all employees working at the Mississippi Laboratory in connection with this contract. Government to provide Foreign National Form if needed.

C.11.4 CONDUCT OF CONTRACTOR PERSONNEL

A. The contractor’s employees are subject to and shall observe and comply with all applicable regulations, policies, and procedures.

B. Contractor employees shall not enter restricted areas in accordance with security regulations and safety policies.

C. The Contractor shall be responsible for the selection, certification, assignment, supervision, management, and control of employees with the advice of the GPOC in the performance of all contract work.

D. The removal from the job site of any employee shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the terms and conditions of the contract.

PAGE 7 OF 55 1305M220QNFFN0109

E. The Contractor’s employees shall not use offices, rooms, work areas, etc. for their own personal use. When a task is completed, such employees shall immediately leave the area.

Contract personnel shall not use or operate telephones, radios, computer terminals, or any other Government or privately owned equipment or property without the express permission of the Facility Manager.

F. Breaks shall not be spent in inside any building. The Contractor’s employees shall not loiter in any unauthorized areas.

G. While waiting for transportation, or while on work breaks, they shall not block or impede movement on ramps, doorways, corridors or walkways.

C.11.5 FACILITIES AND CONTROLS:

A. The contractor shall remove and dispose of all debris and trash from the job site in a timely and legally acceptable manner so as to not detract from the aesthetics or the functions of the building.

B. Contractor shall comply with all applicable Federal, State, and local laws and regulations concerning environmental pollution prevention control and waste disposal.

C. Contractor shall immediately inform the GPOC of any environmentally hazardous situations that may arise as well as contact required regulatory agencies.

C.11.6 JOB SITE PROTECTION:

A. The contractor shall adequately protect the work site from damage while performing the required work as needed. Provide barriers, signs, and other devices as necessary for protection. Remove protection materials, devices at the completion of the task. The contractor shall repair or be responsible for costs to repair all property damaged during the performance of work.

C. Comply with all requirements mandated by OSHA, EPA, and other regulatory agencies during the course of the project.

C.11.7 SAFETY:

A. The contractor shall be responsible for all means and methods as they relate to safety and shall comply with all applicable OSHA, NEC, NFPA, and EPA, local, state and federal requirements. Safety shall be the responsibility of the contractor. All related personnel shall be instructed daily to be mindful of the full time requirement to maintain a safe environment for the facility’s occupants including staff, visitors, customers and the occurrence of the general public on or near the site.

B. The Contractor shall comply with the requirements of 29 CFR, Part 1910: Occupational

Safety and Health Administration (OSHA) General Industry and Health Standards. The

Contractor shall promptly correct any non-complying work or conditions. Contractor shall be

PAGE 8 OF 55 1305M220QNFFN0109

responsible to ensure its work does not affect the safety of the public or employees of the

Government.

C. Neither the Government nor its representatives shall bear any responsibility for safety precautions at the project work site. If, however, in the opinion of the GPOC a life-threatening condition exists, the OR will orally (to be confirmed in writing) require the

Contractor to immediately suspend work in the affected area until the condition is corrected.

Whenever Contractor’s operations may create a hazardous condition, it shall at its sole expense, furnish, install and maintain such guards, fences, barricades, railing, light, signs, or other devices necessary to prevent accident, injury or damage to people or equipment.

D. It is the contractor’s responsibility to ensure all employees adhere to all applicable safety rules, regulations, policies and practices.

All chemicals used in performing services must be approved by the manufacturer, state, and federal regulatory agencies (EPA, etc.) for the intended purpose

E. The contractor shall keep the project site in a neat and orderly condition at all times.

F. Mishap Notification and Investigation: The Contractor shall promptly report pertinent facts regarding mishaps involving Government property damage or injury to

Government personnel and to cooperate in any resulting safety investigation. The

Contractor shall notify (via telephone) the cognizant GPOC and/or other applicable members within four (4) hours of all mishaps or incidents. The Government person notified by the Contractor will in-turn notify the Safety office. If requested by the cognizant GPOC and/or the cognizant program manager, the Contractor shall immediately secure the mishap scene/damaged property and impound pertinent maintenance and training records until released by the investigating safety office. If the

Government investigates the mishap, the Contractor and the sub-contractors shall cooperate fully and assist the Government personnel until the investigation is completed.

C.11.8 WORKMANSHIP:

All work shall be of highest quality.

C.11.9 QUALITY ASSURANCE:

A. Unless otherwise noted in the contract documents, contractor shall comply with the manufacturer’s current specifications and details.

B. Provide adequate number of experienced personnel regularly engaged in this type of work to complete site visits in a timely manner.

C. There shall be no deviations made from this specification without the prior written approval of the GPOC. Any deviation from the manufacturer’s installation procedures must be supported by a written certification on the manufacturer’s letterhead and presented for the specifier’s consideration.

PAGE 9 OF 55 1305M220QNFFN0109

C.11.10 JOB CONDITIONS, CAUTIONS AND WARNINGS:

A. Safety Data Sheets (SDS) must be on location at all times during the transportation, storage and application of all chemicals, herbicides, etc. being used.

B. The Contractor shall not cause or permit any hazardous material to be brought upon, kept or used in or about the premises by its agents, employees, or subcontractors without the prior consent of the GPOC. Hazardous materials that are necessary to the performance of this contract shall be used, kept and stored in a manner that complies with all laws regulating any such hazardous material brought upon or used or kept at this site.

C. Contractor shall provide SDS’ to the GPOC for any hazardous materials used in the performance of this contract.

D. As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste, including but not limited to, those substances, materials, and wastes listed in the Department of Transportation Hazardous Material Table (49 CFR 172.101) or by the

Environmental Protection Agency as hazardous substances (40 CFR Part 68.130) and amendments thereto, petroleum products, or such other substances, material, and wastes that are or become regulated under any applicable local, state, or Federal law.

C.12 POINT OF CONTACT

The local point of contact (POC) for this contract is Rob Vivian, Facility Manager, located at Mississippi Laboratory 3209 Frederic Street Pascagoula MS 39567. Phone number (228) 762-4591.

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Offeror(s) shall submit a quote that contains, at a minimum, the following information:

1. The Request for Quote (RFQ) number

(1305M220QNFFN0109);

2. The Name, Address, Telephone Number, and DUNS Number of the Vendor;

3. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ. Quotes that reject the terms and condition's of the RFQ may be excluded from consideration;

4. Acknowledgment of Solicitation Amendments (SF-30), if any, and;

5. Provide a technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

6. Vendor shall be registered in the System for Award Management (SAM) (www.sam.gov) in order to be considered for award.

DUNS NO.: _______________

Wage Determination No. 2015-5147, REV 10, dated 12/23/2019 is hereby incorporated into this solicitation and any resulting purchase order.

SEND ALL INVOICES TO:

DOC/NOAA/NMFS

ATTN: RAFAEL ORTIZ

3209 FREDERIC STREET

PASCAGOULA, MS 39567

0001 BASE YEAR:

THE CONTRACTOR SHALL PROVIDE A

COMPREHENSIVE GROUNDS MAINTENANCE

SERVICE PROGRAM FOR NOAA MISSISSIPPI

LABORATORY AT THE FOLLOWING LOCATIONS

IN ACCORDANCE WITH THE ATTACHED

PERFORMANCE WORK STATEMENT (PWS).

1. 3209 FREDERIC STREET

2. 202 DELMAS AVENUE

3. 151 WATTS AVENUE

4. UN-NAMED /UNDEVELOPED AREA BORDERED BY

DELMAS AVE, WATTS AVE, ANCHOR STREET AND

ADJACENT TO THE NOAA PORT COMPLEX.

RATE IS FOR SERVICES PERFORMED AND

WILL NOT BE BILLABLE DURING INCLEMENT

WEATHER AND FOR SERVICES THAT CANNOT BE

PERFORMED.

3 TIMES PER MONTH FROM: 09/01/2020 - 10/31/2020,

05/01/2021 - 08/31/2021.

2 TIMES PER MONTH FROM: 11/01/2020 - 04/30/2021.

PERIOD OF PERFORMANCE: 09/01/2020 - 08/31/2021.

Period of Performance: 09/01/2020 to 08/31/2021

30.00 JB

OPT

1001 OPTION YEAR ONE: 30.00 JB

PAGE 10 OF 55 1305M220QNFFN0109

THE CONTRACTOR SHALL PROVIDE A

COMPREHENSIVE GROUNDS MAINTENANCE

SERVICE PROGRAM FOR NOAA MISSISSIPPI

LABORATORY AT THE FOLLOWING LOCATIONS IN

ACCORDANCE WITH THE PERFORMANCE WORK

STATEMENT.

1. 3209 FREDERIC STREET

2. 202 DELMAS AVENUE

3. 151 WATTS AVENUE

4. UN-NAMED /UNDEVELOPED AREA BORDERED BY

DELMAS AVE, WATTS AVE, ANCHOR STREET AND

ADJACENT TO THE NOAA PORT COMPLEX.

RATE IS FOR SERVICES PERFORMED AND

WILL NOT BE BILLABLE DURING INCLEMENT

WEATHER AND FOR SERVICES THAT CONNOT BE

PERFORMED.

3 TIMES PER MONTH FROM: 09/01/2021 - 10/31/2021,

05/01/2022 - 08/31/2022.

2 TIMES PER MONTH FROM: 11/01/2021 - 04/30/2022.

PERIOD OF PERFORMANCE: 09/01/2021 - 08/31/2022.

Period of Performance: 09/01/2021 to 08/31/2022

OPT

2001 OPTION YEAR TWO:

THE CONTRACTOR SHALL PROVIDE A

COMPREHENSIVE GROUNDS MAINTENANCE

SERVICE PROGRAM FOR NOAA MISSISSIPPI

LABORATORY AT THE FOLLOWING LOCATIONS IN

ACCORDANCE WITH THE PERFORMANCE WORK

STATEMENT.

1. 3209 FREDERIC STREET

2. 202 DELMAS AVENUE

3. 151 WATTS AVENUE

4. UN-NAMED /UNDEVELOPED AREA BORDERED BY

DELMAS AVE, WATTS AVE, ANCHOR STREET AND

ADJACENT TO THE NOAA PORT COMPLEX.

RATE IS FOR SERVICES PERFORMED AND

WILL NOT BE BILLABLE DURING INCLEMENT

WEATHER AND FOR SERVICES THAT CONNOT BE

PERFORMED.

3 TIMES PER MONTH FROM: 09/01/2022 - 10/31/2022,

05/01/2023 - 08/31/2023.

2 TIMES PER MONTH FROM: 11/01/2022 - 04/30/2023.

PERIOD OF PERFORMANCE: 09/01/2022 - 08/31/2023.

Period of Performance: 09/01/2022 to 08/31/2023

30.00 JB

OPT

3001 OPTION YEAR THREE:

THE CONTRACTOR SHALL PROVIDE A

COMPREHENSIVE GROUNDS MAINTENANCE

30.00 JB

PAGE 11 OF 55 1305M220QNFFN0109

SERVICE PROGRAM FOR NOAA MISSISSIPPI

LABORATORY AT THE FOLLOWING LOCATIONS IN

ACCORDANCE WITH THE PERFORMANCE WORK

STATEMENT.

1. 3209 FREDERIC STREET

2. 202 DELMAS AVENUE

3. 151 WATTS AVENUE

4. UN-NAMED /UNDEVELOPED AREA BORDERED BY

DELMAS AVE, WATTS AVE, ANCHOR STREET AND

ADJACENT TO THE NOAA PORT COMPLEX.

RATE IS FOR SERVICES PERFORMED AND

WILL NOT BE BILLABLE DURING INCLEMENT

WEATHER AND FOR SERVICES THAT CONNOT BE

PERFORMED.

3 TIMES PER MONTH FROM: 09/01/2023 - 10/31/2023,

05/01/2024 - 08/31/2024.

2 TIMES PER MONTH FROM: 11/01/2024 - 04/30/2024.

PERIOD OF PERFORMANCE: 09/01/2023 - 08/31/2024.

Period of Performance: 09/01/2023 to 08/31/2024

OPT

4001 OPTION YEAR FOUR:

THE CONTRACTOR SHALL PROVIDE A

COMPREHENSIVE GROUNDS MAINTENANCE

SERVICE PROGRAM FOR NOAA MISSISSIPPI

LABORATORY AT THE FOLLOWING LOCATIONS IN

ACCORDANCE WITH THE PERFORMANCE WORK

STATEMENT.

1. 3209 FREDERIC STREET

2. 202 DELMAS AVENUE

3. 151 WATTS AVENUE

4. UN-NAMED /UNDEVELOPED AREA BORDERED BY

DELMAS AVE, WATTS AVE, ANCHOR STREET AND

ADJACENT TO THE NOAA PORT COMPLEX.

RATE IS FOR SERVICES PERFORMED AND

WILL NOT BE BILLABLE DURING INCLEMENT

WEATHER AND FOR SERVICES THAT CONNOT BE

PERFORMED.

3 TIMES PER MONTH FROM: 09/01/2024 - 10/31/2024,

05/01/2025 - 08/31/2025.

2 TIMES PER MONTH FROM: 11/01/2024 - 04/30/2025.

PERIOD OF PERFORMANCE: 09/01/2024 - 08/31/2025.

Period of Performance: 09/01/2024 to 08/31/2025

30.00 JB

PAGE 12 OF 55 1305M220QNFFN0109

Table of Contents

CLAUSES

WAGE DETERMINATION

PAGE 13 OF 55 1305M220QNFFN0109

CLAUSES

CLAUSES

PAGE 14 OF 55 1305M220QNFFN0109

CONTRACT CLAUSES

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JAN 2020)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (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 (Nov 2011) (15 U.S.C.657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

PAGE 15 OF 55 1305M220QNFFN0109

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13)[Reserved]

X__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a) (2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

X__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

PAGE 16 OF 55 1305M220QNFFN0109

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) (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.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38) (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.

__ (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41) (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.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

_ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

_X_ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 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.

_X_ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 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).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

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__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (4) 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).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 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).

__ (7) 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).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

X__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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.

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(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 (Oct 2015) (41 U.S.C. 3509).

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212)

(xii) 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.

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

(xiv)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

(xv) 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).

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(xvi) 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).

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

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

(xx)

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of clause)

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 ONE (1) DAY.

(End of Clause)

FAR 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 FIVE

(5) DAYS; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least ONE (1) DAY before the contract expires. The preliminary notice does not commit the Government to an extension.

(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 five years, six months (months) (years).

(End of Clause) FAR 52.252-2, Clauses are Incorporated By Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov

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The following Contract Clauses are Incorporated by Reference:

FAR 52.204-13, System for Award Management Maintenance (OCT 2018) FAR 52.212-4, Contract terms and conditions, Commercial Items (OCT 2018) FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

1352.246-70 Place of Acceptance (APR 2010)

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

(b) The place of acceptance will be:

NOAA, NMFS, 3209 Frederic Street, Pascagoula, MS 39567

(End of clause)

CAR 1352.270-70 Period of Performance (APR 2010)

(a) The base period of performance of this contract is from 09/01/2020 through 08/31/2021. 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 as follows:

Period Start date End date

Option I 09/01/2021 08/31/2022

Option II 09/01/2022 08/31/2023

Option III 09/01/2023 08/31/2024

Option IV 09/01/2024 08/31/2025

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

(End of clause) The following CAR clauses are Incorporated by Reference:

CAR 1352.201-70 Contracting Officer's Authority (APR 2010) CAR 1352.209-73 Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010)

NAM 1330-52.222-70 NOAA Sexual Assault and Sexual Harassment Prevention and Response

Policy (MAY 2018) In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy, it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NOAA prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for NOAA.

(a) Definitions.

Contractor Employees - The term “contractor employees,” as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members.

Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in

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chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim.

Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true:

• Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment;

• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

• The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient’s sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures.

(b) Requirements.

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

2. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor.

3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the Contracting Officer’s Representative (COR), subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6, .07, Reporting from Remote Locations. i. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants’ needs are addressed. ii. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor’s written policy (where applicable).

4. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within ____ business days [30 unless a different number is inserted] of contract award or the date a contractor employee is assigned to perform under the contract, as applicable. Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion. Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance.

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

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Violence Program Manager. A link to the website including the required elements of the training is provided at: http://www.ago.noaa.gov/quicklinks/harassment_training.html. The website will also provide training materials and resources to assist the contractor in conducting the training.

The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed.

ii. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training. iii. NOAA’s Workplace Violence Program Manager, COR, or CO may periodically review the contractor’s training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor. iv.

Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of NAO 202-1106.

5. The contractor shall provide a copy of this solicitation and contract language and NAO 202-1106 to contractor employees.

(c) Sexual Assault/Sexual Harassment (SASH) Helpline.

For NOAA employees, affiliates, and contractors who have experienced sexual…