RFQ_NWWT9594-19-00001.pdf

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6-95) Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

c. CITY

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

2. DATE ISSUED 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

3. REQUISITION/PURCHASE

REQUEST NO. NWWT9594-19-00001

1. REQUEST NO.

RFQNWWT9594-19-00001

NWS-WESTERN REGION /W/WR

125 SOUTH STATE ST., ROOM 1311

SALT LAKE CITY UT 84138-1102

JEN BROWN

JEN.BROWN@NOAA.GOV

Please See Continuation Page for Line Item Details

801 524-5125x239

See Schedule

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

MAY 13, 2019

6. DELIVER BY (Date)

MAR 31, 2020

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

SUBMIT QUOTES TO JEN.BROWN@NOAA.GOV

Attach a Capabilities Statement, to include 3 relevant references with contact information, and use of biobased products and recovered materials.

It is the offeror's responsibility to request confirmation of quote receipt. The Government does not accept responsibility for non-receipt of quotes.

The offeror must be registered and active status in the System for Award Management (sam.gov) to be eligible for award.

DUNS: ___________________________

WAGES

The following U.S. Department of Labor wage rates are applicable and can be found on www.wdol.gov Wage Determination No.: 2015-5673 Revision No.: 7 Date of Revision: 12/26/2018

BASE PERIOD

ONGOING LANDSCAPE MAINTENANCE FOR

THE NATIONAL WEATHER SERVICE WEATHER

FORECAST OFFICE LOCATED IN EUREKA, CA, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK.

FIRM FIXED PRICE, BILLING MONTHLY IN ARREARS.

SHIP TO:

EUREKA WFO CALIFORNIA

WOODLEY ISL& 300 STARTARE DR

EUREKA CA 95501-6000

10.00 MO

OPT

Period of Performance: 06/01/2019 to 03/31/2020

OPTION YEAR 1

ONGOING LANDSCAPE MAINTENANCE FOR

THE NATIONAL WEATHER SERVICE WEATHER

FORECAST OFFICE LOCATED IN EUREKA, CA, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK.

FIRM FIXED PRICE, BILLING MONTHLY IN ARREARS.

SHIP TO:

EUREKA WFO CALIFORNIA

WOODLEY ISL& 300 STARTARE DR

EUREKA CA 95501-6000

12.00 MO

OPT

Period of Performance: 04/01/2020 to 03/31/2021

OPTION YEAR 2

ONGOING LANDSCAPE MAINTENANCE FOR

THE NATIONAL WEATHER SERVICE WEATHER

FORECAST OFFICE LOCATED IN EUREKA, CA, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK.

FIRM FIXED PRICE, BILLING MONTHLY IN ARREARS.

SHIP TO:

12.00 MO

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

EUREKA WFO CALIFORNIA

WOODLEY ISL& 300 STARTARE DR

EUREKA CA 95501-6000

OPT

Period of Performance: 04/01/2021 to 03/31/2022

OPTION YEAR 3

ONGOING LANDSCAPE MAINTENANCE FOR

THE NATIONAL WEATHER SERVICE WEATHER

FORECAST OFFICE LOCATED IN EUREKA, CA, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK.

FIRM FIXED PRICE, BILLING MONTHLY IN ARREARS.

SHIP TO:

EUREKA WFO CALIFORNIA

WOODLEY ISL& 300 STARTARE DR

EUREKA CA 95501-6000

12.00 MO

OPT

Period of Performance: 04/01/2022 to 03/31/2023

OPTION YEAR 4

ONGOING LANDSCAPE MAINTENANCE FOR

THE NATIONAL WEATHER SERVICE WEATHER

FORECAST OFFICE LOCATED IN EUREKA, CA, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK.

FIRM FIXED PRICE, BILLING MONTHLY IN ARREARS.

SHIP TO:

EUREKA WFO CALIFORNIA

WOODLEY ISL& 300 STARTARE DR

EUREKA CA 95501-6000

Period of Performance: 04/01/2023 to 03/31/2024

12.00 MO

STATEMENT OF WORK

Eureka Landscape Maintenance

1. The Contractor shall be responsible for satisfactorily performing landscape maintenance services as specified herein at the following location:

National Weather Service 300 Startare Drive, Woodley Island Eureka, CA 95501

2. Legal Requirements and Permits

The Contractor must procure and maintain at his/her expense, all necessary permits and licenses to perform the required work, and hereby agrees to comply with all applicable Municipal, State and Federal regulations.

This includes Title 7, Chapter 6, Section 136 of the United States Code, “Insecticides and Environmental Pesticide Control.”

The Contractor shall check with the State of California, Humboldt County, and the city of Eureka for possible local license or permit requirements.

All personnel handling chemicals (i.e. fertilizer, pesticides, herbicides, etc.) will be appropriately licensed.

Biobased Products

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards.

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov.

The following is an example list of products that may be used in this contract for grounds maintenance for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Fertilizers Dust suppressants 2-cycle engine oil Penetrating lubricants Hydraulic fluids Greases Concrete and asphalt release fluids Absorbents Wood and concrete sealers Diesel fuel additives

In addition to the biobased products designated in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products when feasible.

3. Supervisor and Labor

The Contractor shall promptly remove from the work site any supervisor or employee whose work or conduct is not satisfactory. The Contractor’s supervisor shall be in charge of the work on behalf of the Contractor.

The Contractor shall enforce strict discipline and good order among the Contractor’s employees. The Contractor shall exercise the necessary supervision and control to prevent Contractor’s employees from violating any rules and regulations.

Upon arrival at the site, the Contractor must check in with the ASA and/or the MIC before beginning work.

4. Conduct of Work

The Contractor must ensure employees are physically able to accomplish the work specified herein. All such employees working on Government premises are subject to all applicable Federal rules and regulations with regard to entering and leaving the building(s).

The Contractor must take precautions necessary for the protection against injury of all persons engaged at the site. Applicable Department of Labor and Occupational Safety and Health Standards will be taken into consideration in the performance of this contract. The Contractor will take all reasonable precautions to prevent the escape of fire and to suppress the same.

Services under this contract must be performed in such a way that there will be minimal interruption to, or interference with, the normal operation of Government business on the premises.

The Contractor should bring any noted defect, disease or insect infestation of the grounds to the attention of the MIC or designate.

5. Period of Performance, Schedule, and Additional Requirements

The base period of performance begins June 1, 2019 and ends March 31, 2020 (10 months). There are four option periods, each with a 12-month period of performance, as follows:

Option 1: Period of Performance begins April 1, 2020 and ends March 31, 2021.

Option 2: Period of Performance begins April 1, 2021 and ends March 31, 2022.

Option 3: Period of Performance begins April 1, 2022 and ends March 31, 2023.

Option 4: Period of Performance begins April 1, 2023 and ends March 31, 2024.

Observance of Legal Holidays and Site Closure Information

The Contractor shall observe any federal holidays set forth in the referenced Department of Labor Wage Determinations, if the holiday falls within the service period of this contract.

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.

In each instance, the Contractor agrees to continue to provide sufficient personnel to perform requirements of any critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the MIC. In the event of a site dismissal or closure due to weather, emergency or other circumstances, the Contractor is instructed to contact the MIC or Alternate MIC for guidance.

Schedule and Frequency

The hours approved for these services are daily from 07:00 AM – 8:00 PM. The frequency of service is indicated in the Description of Services in section 7 below.

A Schedule or Work Plan that identifies when services are to be performed shall be submitted to the MIC or other designated government official within seven days of the purchase order award date (see attached sample Monthly form). Contractor shall also submit (using the attached sample form) a Service Report at the end of each visit, completed and signed by a responsible Contractor representative.

6. Deliverables

Deliverable Objective Due Deliver To

MSDS

List any hazardous material that will be used in performance of this contract. Ref. FAR 52.223-3 and FED-STD- 313E

Within 7 days of awarded contract, and as needed to document revisions after contract award

Contracting Officer

State, County, and/or City licenses and permits

Certify compliance with local laws and regulations

Within 7 days of awarded contract, and within 7 days of awarded option period, if exercised

Tier 1 Security Investigation Documents

To protect government facilities and occupants from harm. Ref. CAR 1352.237-71

Within 3 days of start of work

MIC or ASA

Schedule or Work Plan (see attached sample Monthly form)

Identify when services are to be performed throughout the period of performance

Within 7 days of purchase order award, and within 7 days of awarded option period, if exercised

Meteorologist in Charge or other designated employee

Service Report (use attached Service Report form)

Identify which services were performed, and any problems found during the service visit

At the end of each visit Meteorologist in Charge or other designated employee

Biobased Report (copy) Report purchases of Biobased products in System for Award Management (SAM).

Ref. FAR 52.223-2

By Oct. 30 for prior fiscal year (Oct. 1 – Sep. 30) ending the performance period of the contract base period, and for each option period, if exercised

Evidence of Sexual Assault and Sexual Harassment training completion

To maintain a work environment free from sexual assault and sexual harassment. Ref.

NAM 1330-52.222-70

Within 40 business days of contract award

7. Security Background Investigation

The Contractor is required to designate at least one, but no more than three, contractor personnel to work at the site within five days of contract award. These personnel must complete a Tier 1 Investigation. The necessary forms and fingerprint cards can be obtained from the Administrative Support Assistance (ASA).

The Contractor is responsible for filling out the forms and returning the completed fingerprint cards to the ASA for processing within five days of contract award, or three days of start of work, whichever occurs first.

Contractor personnel with pending security investigation results must be escorted at all times by a government employee during work on the government site. Personnel that do not receive a favorable result will not be permitted to continue work on the site.

Any Government-provided identification issued to the contractor personnel shall be returned to the NWS:

When no longer needed for contract performance Upon completion of contractor personnel’s employment Upon contract completion or termination, when a follow on contract is now awarded or reasonably anticipated

8. Description of Services

The Contractor will be responsible for satisfactorily managing and performing exterior landscape maintenance services at the National Weather Service office located at 300 Startare Drive, Woodley Island, Eureka, CA, for approximately 26,500 total square feet. The Contractor is responsible for verifying the area to be maintained.

Exterior grounds consist of lawns, native grass areas, gravel, plant beds, parking lot, walks, driveways and curb. The Contractor must provide all labor, tools, equipment, supervision, herbicides, transportation, and any other products or services necessary, to maintain the landscaping and grounds in such a manner as to present a neat and well maintained appearance.

MAINTAIN IMPROVED/SEMI-IMPROVED GROUNDS

a. Mow Improved, Semi-Improved, and Native Grass Areas. The Contractor shall reasonably maintain the grass at a consistent height of between 2 and 4 inches long. Grass clippings must be removed and disposed of off-site after mowing. All improved/semi-improved grounds and native grassed areas must appear well-manicured at all times.

b. Edging. The Contractor shall perform edging work, to include removal of vegetation from cracks in sidewalks, driveways, parking lots, curbs, and other concrete or asphalt edges located in the improved/semi-improved grounds. This shall be accomplished concurrently with the scheduled mowing.

c. Grass Trimming. The Contractor shall trim the grass around trees, shrubs, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks, boulders, road shoulders and other fixed obstacles concurrently with mowing. Damage to trees, shrubs and other plantings shall be repaired / replaced by the contractor.

d. Weed Control. The Contractor shall perform weed control concurrently with mowing. The required result is to leave the grounds free of weeds. Weeds shall be properly disposed of off-site. Appropriate weed prevention methods shall be used to keep weed growth to a minimum between visits. Herbicides must be applied by certified or licensed personnel – at least twice a year, in February and June.

e. Monitor Irrigation/Sprinkler System. The Contractor shall monitor the irrigation/sprinkler system programming and operation concurrently with the scheduled mowing. It is the Contractor’s responsibility to ensure the system operates properly and efficiently as necessary for the current season. The Contractor must adjust the irrigation/sprinkler system for full and efficient coverage of all plants, ground-cover, flower beds and trees. The Contractor must follow any water or irrigation schedules put in-place by local county or municipal Governments. The Contractor is to bring any damage or noticeable malfunctioning of the irrigation system to the attention of the MIC or other designated official. Repair of the irrigation/sprinkler system is not permitted under this contract.

f. Remove Debris. The Contractor shall remove and dispose of all natural debris (tree limbs, dry brush, loose bark, litter) from the premises, including parking lots/areas, walkways, and gutters, concurrently with mowing.

g. Application of Fertilizer. The Contractor shall apply an effective and season appropriate fertilizer on all lawns, trees, shrubs, plants, and ground cover on an annual basis, in the late Spring, at the lowest possible rate. All fertilizers shall be applied in accordance with the manufacturers’ instructions and good trade practices. Weed and feed combination treatments and Diazinon shall not be used. Fertilizer granules or dust shall be swept off paved and black top areas in order to avoid stains, and prevent excess fertilizer from entering the bay.

9. NWS Points of Contact

Meteorologist in Charge (MIC) – 707-443-5610 x222

Administrative Assistant (ASA) – 707-443-5610 x221

10. Invoicing

Billing will be on a monthly basis, after the services for the month have been performed (“in arrears”). As evidence of work performed, the Contractor will complete a service report and have the report signed by the MIC, ASA, or other NWS designated personnel upon completion of each site visit. For work performed outside regular business hours, the service report may be left on the ASA’s desk. The Government representative will affirm the work was performed and sign the service report on the next business day.

Invoices shall be submitted in accordance with FAR 52.212-4(g) Invoice. The invoices shall be sent to:

National Weather Service Attention: ASA 300 Startare Drive, Woodley Island

( S A M P L E S C H E D U L E ) [Contractor Name]

Landscape Maintenance NWS WFO Eureka, CA

[Month]

1 2 3 4 5

6 7 8 9 Mow/Edge/ Weed/Fertiliz e

10 11 12

13 14

15 16 17 18 19

20 21

22 23 Mow/Edge/ Weed

24 25 26

27 28

29 30 31

SERVICE REPORT

DATE: _________________________________________________________________________

WEATHER CONDITIONS: _________________________________________________________

ROUTINE LANDSCAPE WORK PERFORMED: ________________________________________

PROBLEMS NOTED (Insect Infestation; Plant Disease; Sprinkler Defect etc): _______________

LIST ANY SEMI-ANNUAL/ANNUAL WORK PERFORMED (Herbicide/Fertilizer Application):

COMMENTS & REMARKS: __________________________________________________________

I CERTIFY THAT THIS REPORT IS ACCURATE AND WORK PERFORMED WAS COMPLETED IN

ACCORDANCE WITH THE CONTRACT SPECIFICATONS AND THE SUBMITTED SCHEDULE.

Printed Name and Signature of Authorized Contractor Representative Date

Printed Name and Signature of Authorized Government Representative Date

Aerial image of the property at 300 Startare Drive, Woodley Island, Eureka, CA

DEPARTMENT OF COMMERCE PROVISIONS

CAR and NAM Provisions Incorporated By Reference This contract incorporates one or more provisions from the Commerce Acquisition Regulation (CAR) and NOAA Acquisition Manual (NAM) 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 these addresses: CAR: https://www.ecfr.gov/cgi-bin/text-idx?SID=ed55c259e74f0a8c253e80aeb74ab480&mc=true&node=pt48.5.1352&rgn=div5 NAM: http://www.ago.noaa.gov/acquisition/AcqManual/09_part1330-52.html

1352.215-72 Inquiries (APR 2010) Offerors must submit all questions concerning this solicitation in writing to jen.brown@noaa.gov. Questions should be received no later than May 10, 2019. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

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:

Michelle Woolsey 325 Broadway Building DSRC Boulder, CO 80305-3328

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

Barry Berkowitz Senior Procurement Executive and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington DC 20230

FAX: 202-482-1711

(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 provision)

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

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) 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.

FEDERAL ACQUISITION REGULATION PROVISIONS

Current through FAC 2019-01

52.204-7 System for Award Management (OCT 2018) 52.212-1 Instructions to Offerors – Commercial Items (OCT 2018) 52.214-34 Submission of Offers in the English Language (APR 1991) 52.214-35 Submission of Offers in U.S. Currency (APR 1991) 52.223-1 Bio-Based Product Certification (MAY 2012) 52.223-4 Recovered Material Certification (MAY 2008) 52.237-1 Site Visit (APR 1984)

52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/far/index.html

52.212-2 Evaluation - Commercial Items (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price Past performance, including the use of “green” products (biobased and/or recovered materials) Management capability

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.217-5 Evaluation of Options (JULY 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers or quotations for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).

DEPARTMENT OF COMMERCE AND NOAA CLAUSES

1330-52.237-70 Contractor Communications 1352.201-70 Contracting Officer’s Authority (APR 2010) 1352.209-73 Compliance with the Laws (APR 2010) 1352.209-74 Organizational Conflict of Interest (APR 2010) 1352.237-71 Security Processing Requirements – Low Risk Contracts (APR 2010)

CAR and NAM Clauses Incorporated By Reference This contract incorporates one or more clauses from the Commerce Acquisition Regulation (CAR) and NOAA Acquisition Manual (NAM) 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 these addresses:

CAR: https://www.ecfr.gov/cgi-bin/text-idx?SID=ed55c259e74f0a8c253e80aeb74ab480&mc=true&node=pt48.5.1352&rgn=div5 NAM: http://www.ago.noaa.gov/acquisition/AcqManual/09_part1330-52.html

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:

National Weather Service 300 Startare Drive, Woodley Island

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 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 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 assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee.

All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week. The NOAA SASH helpline is accessible through a variety of channels, including:

• Phone: 1-866-288-6558

• Website & Online Chat: http://NOAASASHHelpline.org

• Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores)

• Text: (202) 335-0265

(d) Confidentiality.

Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. “Confidentiality” means that the information shall only be shared with others who have a need to know the information to conduct their official duties.

(e) Remedies.

In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in:

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

2. Requiring the Contractor to terminate a subcontract;

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

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

5. Suspension or debarment; or

6. Other appropriate action.

(End of Solicitation and Contract language)

1352.270-70 Period of Performance (APR 2010)

(a) The base period of performance is June 1, 2019 through March 31, 2020 (10 months). If an option is exercised, the contract period and period of performance shall be extended through the end of that option period.

(b) The option period that may be exercised is as follows:

Option Period of Performance Start Date End Date Option 1 April 1, 2020 March 31, 2021 Option 2 April 1, 2021 March 31, 2022 Option 3 April 1, 2022 March 31, 2023 Option 4 April 1, 2023 March 31, 2024

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

1330-52.237-71 NOAA Government-Contractor Relations – Non-Personal Services Contract (SEPT 2017)

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

(b) Contractor personnel under this contract shall not:

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

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

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

(d) Rules, regulations, directives, and requirements that are issued by the Department of Commerce and NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation.

This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

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

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

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

(End of Solicitation and Contract Language)

1330-52.237-72 Contractor Access to NOAA Facilities (SEPT 2017) (a)(1) The performance of this contract requires employees of the prime contractor or its subcontractors, affiliates, consultants, or team members (“contractor employees”) to have access to, and to the extent authorized, mobility within, a NOAA facility.

(2) NOAA may close and or otherwise deny contractor employees access to a NOAA facility for a portion of a business day or longer for various reasons including, but not limited, to the following events:

(i) Federal public holidays for federal employees in accordance with 5 U.S.C. 6103;

(ii) Fires, floods, earthquakes, and unusually severe weather, including but not limited to snow storms, tornadoes, and hurricanes;

(iii) Occupational safety or health hazards;

(iv) Lapse in Appropriations; or

(v) Federal Statute, Executive Order, Presidential Proclamation, or any other unforeseen reason.

(3) In such events, the contractor employees may be denied access to a NOAA facility that is ordinarily available for the contractor to perform work or make delivery, as required by the contract.

(b) In all instances where contractors are denied access or required to vacate a NOAA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, either directly or through the Contracting Officer’s Representative (COR), which could include continuing on-site performance during the NOAA facility closure period;

however, if Government oversight is required and is not available, on-site performance shall not be allowed.

In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts, for example, performing required work offsite if possible or reassigning personnel to other activities if appropriate.

(c) The contractor shall be responsible for monitoring the Office of Personnel Management at www.opm.gov, the local radio, television stations, NOAA web sites, and other communication channels. Once the facility is accessible, the contractor shall resume contract performance as required by the contract.

(d) For the period that NOAA facilities were not accessible to contractors who required access in order to perform the services, the contracting officer may—

(1) Adjust the contract performance or delivery schedule for a period equivalent to the period the NOAA facility was not accessible;

(2) Forego the work; or

(3) Reschedule the work by mutual agreement of the parties.

(e) Notification procedures of a NOAA facility closure, including contractor denial of access, are as follows:

(1) The contractor shall be responsible for notification of its employees of the NOAA facility closure to include denial of access to the NOAA facility. The dismissal of NOAA employees in accordance with statute and regulations providing for such dismissals shall not, in itself, equate to a NOAA facility closure in which contractors are denied access. Moreover, the leave status of NOAA employees shall not be conveyed or imputed to contractor personnel. Accordingly, unless a NOAA facility is closed and the contractor is denied access to the facility, the contractor shall continue performance in accordance with the contract.

(2) Access to Government facilities and resources, including equipment and systems, will be limited and personnel necessary to administer contract performance may not be available. Generally, supply and service contracts that are funded beyond the date of the lapse in appropriation and do not require access to Government facilities, active administration by Government personnel or the use of government resources in a manner that would cause the government to incur additional obligations during the lapse in appropriation may continue. If a delivery date for a contract falls during the period of a lapse in appropriations, Government personnel may not be available to receive delivery.

Contractors are directed to consult with a contracting officer before attempting to make a delivery. Contracting officers will be available throughout the lapse in appropriation period to provide guidance.

Once OMB guidance is given, CORs, in consultation with the contracting officer, will notify those contractors that are deemed by the Program Office to be performing excepted work and identify the contractor personnel requiring access to NOAA facilities. CORs will also coordinate with directly with facility management or physical security personnel at respective locations to ensure that the names of contractor personnel requiring access to government facilities during the lapse in appropriations are provided to physical security personnel.

Contractors who are not designated as performing excepted work are not allowed access to Government facilities or to utilize government resources in a manner that would incur any additional obligation of funding on behalf of the government during the lapse in appropriation.

(3) Unless otherwise specified within the contract award, contractors requiring access to NOAA facilities outside normal business hours or outside the normal workweek shall submit a written request in writing through the COR to the contracting officer. The written request shall provide justification supporting the required access and be submitted 72 hours before access to the NOAA facility is needed.

(End of Solicitation and Contract Language)

1330-52.270-304 NOAA Acquisition and Grants Office Ombudsman (OCT 2016)

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

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

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

3. Identify constraints in transparency and process.

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

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

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

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

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

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

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

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

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

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

e. After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.

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

g. Questions regarding this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.

(End of solicitation and contract language)

FEDERAL ACQUISITION REGULATION CLAUSES

Current through FAC 2019-01

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEPT 2013) 52.223-3 Hazardous Material Identification and Material Safety Data – Alternate 1 (JUL 1995) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-10 Waste Reduction Program (MAY 2011) 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts (AUG 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.242-15 Stop-Work Order (AUG 1989)

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 15 days of the contract completion date.

Note: Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services.