Sol_1305M226Q0023.pdf
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- Attached to
- HVAC service contract for NOAA DRC Federal contract opportunity
- Solicitation number
- 1305M226Q0023
About this file
This is a Request for Quote (RFQ) for HVAC preventative maintenance and repair services for the NOAA Disaster Response Center. The contract (1305M226Q0023) is a Women-Owned Small Business (WOSB) set-aside with a base year and four option years, each spanning 12 months from 10/01/2026 to 09/30/2031. The solicitation requires a contractor to provide labor, supplies, tools, equipment, and supervision for HVAC maintenance and emergency/non-emergency repairs at the facility located at 7344 N Ziegler Blvd in Mobile, Alabama.
The contract is a firm-fixed-price award with a base period and subsequent option periods. The contractor will be responsible for preventative maintenance services and will also provide hourly labor rates for emergency and non-emergency HVAC repairs, with a markup for parts and equipment. The evaluation will be based on technical capability (pass/fail), past performance (pass/fail), and price, with the lowest priced technically acceptable offer being selected. The solicitation includes five attachments: the RFQ, Statement of Work, SOW attachments, a contractor past performance reference sheet, and a Service Contract Act wage determination.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_1305M226Q0023_Amd_0001.pdf | ||
| d__Contractor_Past_Performance_Reference_Sheet.pdf | ||
| b__SOW_1305M226Q0023.pdf | ||
| c__SOW_App_B_attachments.pdf | ||
| a__RFQ_1305M226Q0023.pdf | ||
| e__SCA_WD__2015-4605.pdf |
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Text version
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3.AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
. YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.
FAR 52.212-3 AND 52.212-5 ARE ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
DATED.
OFFER
ADDENDA
ADDENDA
1305M226Q0023
See Schedule See Schedule
EAD-SAP
FED BLDG 200 GRANBY ST SUITE 815
NORFOLK VA 23510
02/02/2026 1100 ES
141012-26-0023
CHELSEA VERA
757-828-6329
EAD-SAP 100.00
MICHELLE WALTON
238220
$19
01/13/2026
NCNR0000
ADMINISTERED BY:
FED BLDG 200 GRANBY ST SUITE 815
NORFOLK VA 23510 USA
DELIVER TO:
NOAA DISASTER RESPONSE CENTER
Continued...
STOCK RECORD (S/R)
STANDARD FORM 1449 (REV. 11/2021) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
ACCEPTED,
7344 N ZIEGLER BLVD
MOBILE AL 36608 USA
Period of Performance: 10/01/2026 to
09/30/2027
0001 12 MOBase Year
Provide all labor, supplies, tools, equipment and supervision necessary to provide HVAC preventative maintenance and repair services at the NOAA Disaster Response Center in accordance with the attached Statement of Work (SOW) and
SOW attachments.
Product/Service Code: J045
Delivery: 10/01/2026
0002 Base Period (option item)
EMERGENCY AND NON-EMERGENCY REPAIRS TO HVAC
SYSTEMS
*Vendor to provide the hourly labor rates for both emergency and non-emergency services as well as the percentage to be charged as mark-up for parts/equipment for repairs. Will only be obligated on an as-needed basis*
(Option Line Item)
Anticipated Exercise Date: 10/01/2026
Product/Service Code: J045
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
NSN 7540-01-152-8067
Delivery: 10/01/2026
OPT
1001 12 MOOption Year 1
Provide all labor, supplies, tools, equipment and supervision necessary to provide HVAC preventative maintenance and repair services at the NOAA Disaster Response Center in accordance with the attached Statement of Work (SOW) and
SOW attachments.
(Option Line Item)
Anticipated Exercise Date: 09/30/2027
Product/Service Code: J045
Delivery: 10/01/2027
Period of Performance: 10/01/2027 to
09/30/2028
OPT
1002 Option Period 1
EMERGENCY AND NON-EMERGENCY REPAIRS TO HVAC
SYSTEMS
*Vendor to provide the hourly labor rates for both emergency and non-emergency services as well as the percentage to be charged as mark-up for parts/equipment for repairs. Will only be obligated on an as-needed basis*
(Option Line Item)
Anticipated Exercise Date: 09/30/2027
Product/Service Code: J045
Delivery: 10/01/2027
Period of Performance: 10/01/2027 to
09/30/2028
OPT
2001 12 MOOption Year 2
Provide all labor, supplies, tools, equipment and supervision necessary to provide HVAC
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C) preventative maintenance and repair services at the NOAA Disaster Response Center in accordance with the attached Statement of Work (SOW) and
SOW attachments.
(Option Line Item)
Anticipated Exercise Date: 09/30/2028
Product/Service Code: J045
Delivery: 10/01/2028
Period of Performance: 10/01/2028 to
09/30/2029
OPT
2002 Option Period 2
EMERGENCY AND NON-EMERGENCY REPAIRS TO HVAC
SYSTEMS
*Vendor to provide the hourly labor rates for both emergency and non-emergency services as well as the percentage to be charged as mark-up for parts/equipment for repairs. Will only be obligated on an as-needed basis*
(Option Line Item)
Anticipated Exercise Date: 09/30/2028
Product/Service Code: J045
Delivery: 10/01/2028
Period of Performance: 10/01/2028 to
09/30/2029
OPT
3001 12 MOOption Year 3
Provide all labor, supplies, tools, equipment and supervision necessary to provide HVAC preventative maintenance and repair services at the NOAA Disaster Response Center in accordance with the attached Statement of Work (SOW) and
SOW attachments.
(Option Line Item)
Anticipated Exercise Date: 09/30/2029
Product/Service Code: J045
Delivery: 10/01/2029
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
Period of Performance: 10/01/2029 to
09/30/2030
OPT
3002 Option Period 3
EMERGENCY AND NON-EMERGENCY REPAIRS TO HVAC
SYSTEMS
*Vendor to provide the hourly labor rates for both emergency and non-emergency services as well as the percentage to be charged as mark-up for parts/equipment for repairs. Will only be obligated on an as-needed basis*
(Option Line Item)
Anticipated Exercise Date: 09/30/2029
Product/Service Code: J045
Delivery: 10/01/2029
Period of Performance: 10/01/2029 to
09/30/2030
OPT
4001 12 MOOption Year 4
Provide all labor, supplies, tools, equipment and supervision necessary to provide HVAC preventative maintenance and repair services at the NOAA Disaster Response Center in accordance with the attached Statement of Work (SOW) and
SOW attachments.
(Option Line Item)
Anticipated Exercise Date: 09/30/2030
Product/Service Code: J045
Delivery: 10/01/2030
Period of Performance: 10/01/2030 to
09/30/2031
OPT
4002 Option Period 4
EMERGENCY AND NON-EMERGENCY REPAIRS TO HVAC
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
SYSTEMS
*Vendor to provide the hourly labor rates for both emergency and non-emergency services as well as the percentage to be charged as mark-up for parts/equipment for repairs. Will only be obligated on an as-needed basis*
(Option Line Item)
Anticipated Exercise Date: 09/30/2030
Product/Service Code: J045
Delivery: 10/01/2030
Period of Performance: 10/01/2030 to
09/30/2031
SCA Wage Determination # 2015-4605 is incorporated and attached.
1305M226Q0023 BASE
Section II - Supplies or Services and Price/Costs Section IX - Contract Clauses Section X - List of Attachments
Section II - Supplies or Services and Price/Costs
CLIN List
Item Number Description Quantity Unit Unit Price Amount
0001 12 MO
Base Year
Provide all labor, supplies, tools, equipment and supervision necessary to provide HVAC preventative maintenance and repair services at the NOAA Disaster Response Center in accordance with the attached Statement of Work (SOW) and SOW attachments.
Award Type: Firm-fixed-price Product/Service Code: J045 Requisition No: 141012-26-0023
Base Period (option item)
EMERGENCY AND NON-EMERGENCY REPAIRS
TO HVAC SYSTEMS
*Vendor to provide the hourly labor rates for both emergency and non-emergency services as well as the percentage to be charged as mark-up for parts/equipment for repairs. Will only be obligated on an as-needed basis* Award Type: Firm-fixed-price
(Option Line Item)
Anticipated Exercise Date: 10/01/2026 Product/Service Code: J045 Requisition No: 141012-26-0023
OPT
1001 12 MO
Option Year 1
Provide all labor, supplies, tools, equipment and supervision necessary to provide HVAC preventative maintenance and repair services at the NOAA Disaster Response Center in accordance with the attached Statement of Work (SOW) and SOW attachments.
Award Type: Firm-fixed-price
(Option Line Item)
Anticipated Exercise Date: 09/30/2027 Product/Service Code: J045
Item Number Description Quantity Unit Unit Price Amount
Requisition No: 141012-26-0023 Period of Performance: 10/01/2027 to 09/30/2028
OPT
Option Period 1
EMERGENCY AND NON-EMERGENCY REPAIRS
TO HVAC SYSTEMS
*Vendor to provide the hourly labor rates for both emergency and non-emergency services as well as the percentage to be charged as mark-up for parts/equipment for repairs. Will only be obligated on an as-needed basis* Award Type: Firm-fixed-price
(Option Line Item)
Anticipated Exercise Date: 09/30/2027 Product/Service Code: J045 Requisition No: 141012-26-0023 Period of Performance: 10/01/2027 to 09/30/2028
OPT
2001 12 MO
Option Year 2
Provide all labor, supplies, tools, equipment and supervision necessary to provide HVAC preventative maintenance and repair services at the NOAA Disaster Response Center in accordance with the attached Statement of Work (SOW) and SOW attachments.
Award Type: Firm-fixed-price
(Option Line Item)
Anticipated Exercise Date: 09/30/2028 Product/Service Code: J045 Requisition No: 141012-26-0023 Period of Performance: 10/01/2028 to 09/30/2029
OPT
Option Period 2
EMERGENCY AND NON-EMERGENCY REPAIRS
TO HVAC SYSTEMS
*Vendor to provide the hourly labor rates for both emergency and non-emergency services
Item Number Description Quantity Unit Unit Price Amount as well as the percentage to be charged as mark-up for parts/equipment for repairs. Will only be obligated on an as-needed basis* Award Type: Firm-fixed-price
(Option Line Item)
Anticipated Exercise Date: 09/30/2028 Product/Service Code: J045 Requisition No: 141012-26-0023 Period of Performance: 10/01/2028 to 09/30/2029
OPT
3001 12 MO
Option Year 3
Provide all labor, supplies, tools, equipment and supervision necessary to provide HVAC preventative maintenance and repair services at the NOAA Disaster Response Center in accordance with the attached Statement of Work (SOW) and SOW attachments.
Award Type: Firm-fixed-price
(Option Line Item)
Anticipated Exercise Date: 09/30/2029 Product/Service Code: J045 Requisition No: 141012-26-0023 Period of Performance: 10/01/2029 to 09/30/2030
OPT
Option Period 3
EMERGENCY AND NON-EMERGENCY REPAIRS
TO HVAC SYSTEMS
*Vendor to provide the hourly labor rates for both emergency and non-emergency services as well as the percentage to be charged as mark-up for parts/equipment for repairs. Will only be obligated on an as-needed basis* Award Type: Firm-fixed-price
(Option Line Item)
Anticipated Exercise Date: 09/30/2029 Product/Service Code: J045 Requisition No: 141012-26-0023 Period of Performance: 10/01/2029 to
Item Number Description Quantity Unit Unit Price Amount
09/30/2030
OPT
4001 12 MO
Option Year 4
Provide all labor, supplies, tools, equipment and supervision necessary to provide HVAC preventative maintenance and repair services at the NOAA Disaster Response Center in accordance with the attached Statement of Work (SOW) and SOW attachments.
Award Type: Firm-fixed-price
(Option Line Item)
Anticipated Exercise Date: 09/30/2030 Product/Service Code: J045 Requisition No: 141012-26-0023 Period of Performance: 10/01/2030 to 09/30/2031
OPT
Option Period 4
EMERGENCY AND NON-EMERGENCY REPAIRS
TO HVAC SYSTEMS
*Vendor to provide the hourly labor rates for both emergency and non-emergency services as well as the percentage to be charged as mark-up for parts/equipment for repairs. Will only be obligated on an as-needed basis* Award Type: Firm-fixed-price
(Option Line Item)
Anticipated Exercise Date: 09/30/2030 Product/Service Code: J045 Requisition No: 141012-26-0023 Period of Performance: 10/01/2030 to 09/30/2031
Section IX - Contract Clauses
Clauses Incorporated by Reference Clause Number Clause Title
52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)
52.204-7 System for Award Management. (NOV 2024)
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.204-16 Commercial and Government Entity Code Reporting.
(AUG 2020)
52.204-17 Ownership or Control of Offeror. (AUG 2020)
52.204-18 Commercial and Government Entity Code Maintenance.
(AUG 2020)
52.204-20 Predecessor of Offeror. (AUG 2020)
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities. (DEC 2023)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)
52.204-27 Prohibition on a ByteDance Covered Application. (JUN 2023)
52.204-29 Federal Acquisition Supply Chain Security Act Orders- Representation and Disclosures. (DEC 2023)
52.204-30 Federal Acquisition Supply Chain Security Act Orders- Prohibition. (DEC 2023)
52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015)
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016)
52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)
52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)
52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020)
52.219-28 Postaward Small Business Program Rerepresentation.
(JAN 2025)
52.219-32 Orders Issued Directly Under Small Business Reserves.
(MAR 2020)
52.222-3 Convict Labor. (JUN 2003)
52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020)
52.222-41 Service Contract Labor Standards. (AUG 2018)
52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 2014)
Clause Number Clause Title 52.222-50 Combating Trafficking in Persons. (OCT 2025) 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2022) 52.223-23 Sustainable Products and Services. (MAY 2024) 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021)
52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving. (MAY 2024)
52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)
52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)
52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.
1352.201-70 Contracting Officer's Authority. (MAR 2010) 1352.209-73 Compliance with the laws. (APR 2010) 1352.209-74 Organizational conflict of interest. (APR 2010)
Standard Language UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION
The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.
FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services.
The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that-
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-
It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
FAR 52.212-2 Evaluation - Commercial Products and Commercial Services. (NOV 2021)
(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:
(1) Technical (Pass/Fail) The government will evaluate the offeror’s ability and method/approach to providing all the requirements in the Statement of Work as identified in their technical section/proposal. Technical will be rated as to the extent the offeror can clearly and fully demonstrate that it has a thorough understanding of the requirements and can successfully provide the requirements. Offerors that cannot specifically address their ability and method/approach to providing all the requirements in the Statement of Work or that do not submit a Technical Section with their offer may be rejected without further consideration. Vendor personnel working on the contract must have experience and technical certification with the equipment listed in the SOW. Personnel must possess authorized Trane service certification and must provide copies with proposal. Consideration will not be given to vendors that do not possess authorized Trane service certification.
(2) Past Performance (Pass/Fail) The Government will evaluate an offeror’s past performance to determine the degree to which current and previous contract efforts indicate the probability of the offeror successfully accomplishing/performing the requirements of the Statement of Work. The currency and relevancy of the information, source of the information, context of the data, and general trends in contractor’s performance will be considered. Past performance information received from the offeror shall be within the past 3 years or ongoing and be relevant to this requirement (i.e. the same or similar requirements.)
Only relevant past performance will be evaluated.
(3) Price (Only the lowest priced technically acceptable offer will be evaluated on Price) The Government will evaluate price for reasonableness and award a contract to the offeror with the lowest priced technically acceptable offer. Offerors are required to provide a unit price for all items. A zero dollar figure ($0.00) unit price means the Offeror will provide the service or supply at no charge to the Government. Unit price left blank or annotated with something other than a dollar figure will be considered unacceptable and the Government has discretion whether to reject the offer without any further consideration.
(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.
(End of provision)
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 one (1) day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least one (1) days 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 (5) years and six (6) months.
(End of clause)
FAR 52.219-13 Notice of Set-Aside of Orders. (MAR 2020)
(a) The Contracting Officer may set aside orders for the small business concerns identified in 19.000(a)(3).
(b) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).
(End of clause)
FAR 52.237-1 Site Visit. (APR 1984)
Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.
(End of provision)
FAR 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/these address(es): www.acquisition.gov
(End of provision)
FAR 52.252-2 Clauses 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/these address(es): www.acquisition.gov
(End of clause)
FAR 52.252-5 Authorized Deviations in Provisions. (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR chapter 1) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the provision.
(b) The use in this solicitation of any Commerce Acquisition Regulation (48 CFR chapter 1352) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.
(End of provision)
FAR 52.252-6 Authorized Deviations in Clauses. (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter
1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.
(b) The use in this solicitation or contract of any Commerce Acquisition Regulation (48 CFR 1352) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.
(End of clause)
CAR 1352.215-72 Inquiries. (APR 2010)
Offerors must submit all questions concerning this solicitation in writing to chelsea.vera@noaa.gov.
Questions should be received no later than 13 calendar days after the issuance date of this solicitation.
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)
CAR 1352.233-70 Agency protests. (APR 2010)
(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).
(b) Agency protests filed with the Contracting Officer shall be sent to the following address:
Michelle Walton; Michelle.Walton@noaa.gov
(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Eastern Acquisition Division ATTN: Dawn Dabney, NOAA Simplified Acquisition Branch Chief Dawn.Dabney@noaa.gov
(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.
CAR 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.
(End of clause)
CAR 1352.246-70 Place of acceptance. (APR 2010)
(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.
(b) The place of acceptance will be:
NOAA DISASTER RESPONSE CENTER
7344 N ZIEGLER BLVD
MOBILE AL 36608
(End of clause)
NOAA Acquisition Manual 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 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.
4. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants’ needs are addressed.
5. 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).
6. 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.
7. 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 https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial. 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.
8. 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.
9. 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.
10. 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.
11. 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: https://www.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)
NOAA Acquisition Manual 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2023)
The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.
"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232-25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)).
The Contractor must include the following documents as attachments to payment requests submitted through the IPP: [].
If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception.
(End of solicitation and contract language)
NOAA Acquisition Manual 1330-52.237-70 CONTRACTOR COMMUNICATIONS
(a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when:
● Included in NOAA’s locator, and
● When submitting any type of electronic correspondence to any NOAA employee or stakeholder.
(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.
(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.
(End of solicitation and contract language)
NOAA Acquisition Manual 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 judgment and discretion on behalf of the Government. Rather, the contractor’s personnel will act and exercise personal judgment 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.
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