Sol_1305M226Q0198.pdf
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- NWS Training Center lodging and transportation
- Solicitation number
- 1305M226Q0198
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Solicitation Summary
This is a Request for Quotation (RFQ) and combined synopsis/solicitation document (1305M226Q0198) issued by the National Oceanic and Atmospheric Administration (NOAA) National Weather Service Training Center for student and guest instructor lodging and transportation services. The solicitation is issued under Federal Acquisition Regulation Part 12 (commercial products and services) and incorporates simplified acquisition procedures. The contract will be a requirements-type contract utilizing Firm-Fixed-Unit-Price (FFUP) task orders, with a performance period from September 30, 2026 through September 29, 2031, divided into five one-year ordering periods. The maximum estimated quantity is 7,000 single room nights per ordering period. Quotations are due by 12:00 P.M. Eastern on August 25, 2026, submitted electronically to Dallas Thurston (Contract Specialist) and Tyrone Lewis (Contracting Officer). The facility is located at 7220 NW 101st Terrace, Kansas City, Missouri 64153.
Award will be made to the responsible offeror providing the best value to the government, with non-price evaluation factors (technical capability and past performance) significantly more important than price. Key technical requirements include: lodging within 15 minutes drive time or 5 road miles from the training center; upscale accommodations with housekeeping, restaurant services, special dietary options, free parking, swimming pool, meeting rooms, laundry facilities, WIFI, and business center; at least two handicap-accessible rooms; and dedicated transportation services. Non-small business offerors must submit a subcontracting plan. The McNamara-O'Hara Service Contract Act applies with Department of Labor Wage Determination 2015-5105 (Revision 28, May 13, 2026). Offerors must provide a technical volume (limited to 20 pages) demonstrating compliance with all Performance Work Statement requirements and up to three past performance references, plus completed pricing on Standard Form 1449 with unit prices and total amounts for each of the five contract line items.
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| 005_PWS_-_NWSTC_Hotel_Contract_Recompete_-_Final.pdf | ||
| 023_Wage_Rate_Determination_Kansas_City_MO.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
1305M226Q0198
NWS TRAINING CENTER /W/OS61
7220 NW 101 TERRACE
KANSAS CITY MO 64153-2371
EAD-NWS
FED BLDG 200 GRANBY ST SUITE 815
NORFOLK VA 23510
EAD-NWS
FED BLDG 200 GRANBY ST SUITE 815
NORFOLK VA 23510
08/25/2026 1200 ED
DALLAS THURSTON
757-241-5981
TYRONE M. LEWIS
721110
$40
08/06/2026
WB961023
See continuation page for more information.
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,
This is a combined synopsis/solicitation for commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.
Solicitation number 1305M226Q0198 is issued as a request for quotation (RFQ) for single room nights and transportation services for students and guest instructors attending training at the
NWS Training Center, 7220 NW 101st Terrace, Kansas City, MO 64153.
This acquisition is not set-aside for small business concerns. This solicitation incorporates provisions and clauses by reference.
**Task Orders will be placed based on
Firm-Fixed-Unit-Prices (FFUP). FFUP task orders will establish a fixed-price for single room nights but will not establish the quantity, except for a guaranteed minimum and a ceiling.
This approach is necessary because actual room consumption is unknown until it's utilized due to many factors including but not limited to the risk of canceled training courses, travel delays, etc.
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
Payment will be made monthly in arrears at the
FFUP amount based upon the Government's consumption at the task order level. Task orders will obligate funds for a realistic estimate of consumption and the total amount in dollars estimated to be expended on the task order. Each task order will provide for a guaranteed minimum amount of usage that is more than a nominal amount, but not more than the government is likely to use.
Contractor shall only invoice for and the
Government will only pay for single room nights used. Any funds obligated to a task order that are unused during the specified performance period shall not be invoiced and will be deobligated via written contract modification.
**The single room FFUP shall cover all lodging and transportation services specified in the
Performance Work Statement.**
Period of Performance: 09/30/2026 to
09/29/2031
0001 Ordering Period 1 Period of Performance:
9/30/2026 - 9/29/2027. All orders placed between 9/30/2026 - 9/29/2027 shall use
Ordering Period 1 Firm-Fixed-Unit-Pricing
(FFUP). Pricing shall remain unchanged if an order placed during Ordering Period 1 extends into later ordering periods.
The Contractor shall provide single room nights and transportation services for students and guest instructors attending training at the NWS
Training Center, in accordance with the
Performance Work Statement and the terms and conditions contained herein.
MAXIMUM ESTIMATED QUANTITY: 7,000
UNIT: Single Room Night
UNIT PRICE: $[QUOTER SHALL INSERT ORDERING
PERIOD 1 SINGLE ROOM NIGHT PRICE HERE]
AMOUNT: $[QUOTER SHALL INSERT CLIN 0001 TOTAL
AMOUNT HERE BY MULTIPLYING THE MAXIMUM
ESTIMATED QUANTITY X UNIT PRICE]
Product/Service Code: V231
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: 09/30/2026 to
09/29/2027
0002 Ordering Period 2 Period of Performance:
9/30/2027 - 9/29/2028. All orders placed between 9/30/2027 - 9/29/2028 shall use
Ordering Period 2 Firm-Fixed-Unit-Pricing
(FFUP). Pricing shall remain unchanged if an order placed during Ordering Period 2 extends into later ordering periods.
The Contractor shall provide single room nights and transportation services for students and guest instructors attending training at the NWS
Training Center, in accordance with the
Performance Work Statement and the terms and conditions contained herein.
MAXIMUM ESTIMATED QUANTITY: 7,000
UNIT: Single Room Night
UNIT PRICE: $[QUOTER SHALL INSERT ORDERING
PERIOD 2 SINGLE ROOM NIGHT PRICE HERE]
AMOUNT: $[QUOTER SHALL INSERT CLIN 0002 TOTAL
AMOUNT HERE BY MULTIPLYING THE MAXIMUM QUANTITY
X UNIT PRICE]
Product/Service Code: V231
Period of Performance: 09/30/2027 to
09/29/2028
0003 Ordering Period 3 Period of Performance:
9/30/2028 - 9/29/2029. All orders placed between 9/30/2028 - 9/29/2029 shall use
Ordering Period 3 Firm-Fixed-Unit-Pricing
(FFUP). Pricing shall remain unchanged if an order placed during Ordering Period 3 extends into later ordering periods.
The Contractor shall provide single room nights and transportation services for students and guest instructors attending training at the NWS
Training Center, in accordance with the
Performance Work Statement and the terms and conditions contained herein.
MAXIMUM ESTIMATED QUANTITY: 7,000
UNIT: Single Room Night
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)
UNIT PRICE: $[QUOTER SHALL INSERT ORDERING
PERIOD 3 SINGLE ROOM NIGHT PRICE HERE]
AMOUNT: $[QUOTER SHALL INSERT CLIN 0003 TOTAL
AMOUNT HERE BY MULTIPLYING THE MAXIMUM
ESTIMATED QUANTITY X UNIT PRICE]
Product/Service Code: V231
Period of Performance: 09/30/2028 to
09/29/2029
0004 Ordering Period 4 Period of Performance:
9/30/2029 - 9/29/2030. All orders placed between 9/30/2029 - 9/29/2030 shall use
Ordering Period 4 Firm-Fixed-Unit-Pricing
(FFUP). Pricing shall remain unchanged if an order placed during Ordering Period 4 extends into later ordering periods.
The Contractor shall provide single room nights and transportation services for students and guest instructors attending training at the NWS
Training Center, in accordance with the
Performance Work Statement and the terms and conditions contained herein.
MAXIMUM ESTIMATED QUANTITY: 7,000
UNIT: Single Room Night
UNIT PRICE: $[QUOTER SHALL INSERT ORDERING
PERIOD 4 SINGLE ROOM NIGHT PRICE HERE]
AMOUNT: $[QUOTER SHALL INSERT CLIN 0004 TOTAL
AMOUNT HERE BY MULTIPLYING THE MAXIMUM
ESTIMATED QUANTITY X UNIT PRICE]
Product/Service Code: V231
Period of Performance: 09/30/2029 to
09/29/2030
0005 Ordering Period 5 Period of Performance:
9/30/2030 - 9/29/2031. All orders placed between 9/30/2030 - 9/29/2031 shall use
Ordering Period 5 Firm-Fixed-Unit-Pricing
(FFUP).
The Contractor shall provide single room nights and transportation services for students and guest instructors attending training at the NWS
Training Center, in accordance with the
Performance Work Statement and the terms and
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) conditions contained herein.
MAXIMUM ESTIMATED QUANTITY: 7,000
UNIT: Single Room Night
UNIT PRICE: $[QUOTER SHALL INSERT ORDERING
PERIOD 5 SINGLE ROOM NIGHT PRICE HERE]
AMOUNT: $[QUOTER SHALL INSERT CLIN 0005 TOTAL
AMOUNT HERE BY MULTIPLYING THE MAXIMUM
ESTIMATED QUANTITY X UNIT PRICE]
GRAND TOTAL: $[QUOTER SHALL INSERT THE SUM OF
CLINs 0001, 0002, 0003, 0004, 0005 HERE]
Product/Service Code: V231
Period of Performance: 09/30/2030 to
09/29/2031
1305M226Q0198 BASE
Section 2 - Combined Synopsis/Solicitation Section 4 - Contract Terms and Conditions Section 6 - Instructions to Offerors Section 8 - Attachments
Section 2 - Combined Synopsis/Solicitation
FAR 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)
RFO 52.204-90 Offeror Identification. (Deviation JAN 2026)
RFO 52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures. (Multiple-Award Contracts) (AUG 2024)
RFO 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015) (Deviation JAN 2026)
RFO 52.217-5 Evaluation of Options. (JUL 1990) (Deviation JAN 2026)
FAR 52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving. (MAY 2024)
FAR 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)
FAR 52.242-15 Stop-Work Order. (AUG 1989)
CAR 1352.201-70 Contracting Officer's Authority. (MAR 2010)
CAR 1352.209-73 Compliance with the laws. (APR 2010)
CAR 1352.209-74 Organizational conflict of interest. (APR 2010)
FAR 52.216-18 Ordering. (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 09/30/2026 through 09/29/2031.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when-
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either-
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)
FAR 52.216-19 Order Limitations. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 10 single rooms, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of 7,000 single rooms;
(2) Any order for a combination of items in excess of 7,000 single rooms; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
FAR 52.217-8 Option To Extend Services. (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to the end of the period of performance.
(End of clause)
RFO 52.233-2 Service of Protest. (SEP 2006) (Deviation JAN 2026)
(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from them.
(b) The copy of any protest must be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
RFO 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):
https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far-overhaul
(End of provision)
RFO 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):
https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far-overhaul
(End of clause)
RFO 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 Federal Acquisition Regulation (48 CFR chapter 1) provision with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.
(End of provision)
CAR 1352.201-72 Contracting Officer's Representative (COR). (APR 2010)
(a) Robert Steel is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:
1325 East West Hwy Silver Spring, MD 20910-3283
Phone Number: 1-240-622-9029
E-mail: robert.steel@noaa.gov
(b) The responsibilities and limitations of the COR are as follows:
(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.
(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.
(End of clause)
CAR 1352.233-70 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:
Tyrone Lewis tyrone.m.lewis@noaa.gov
(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: 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, N.W.
Washington, D.C. 20230.
FAX: (202) 482-5858
(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.
(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C.
Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.
(End of clause)
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 1352.237-75 Key personnel. (APR 2010)
(a) The contractor shall assign to this contract the following key personnel:
Name:
Position Title:
Email Address:
Phone:
(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.
(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.
(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:
NWS TRAINING CENTER /W/OS61
7220 NW 101 TERRACE
KANSAS CITY, MO 64153-2371
(End of clause)
CAR 1352.270-70 Period of performance. (APR 2010)
(a) The base period of performance of this contract is from 9/30/2026 through 9/29/2031. If an option is exercised, the period of performance shall be extended through the end of that option period.
(b) The option periods that may be exercised are as follows:
TBD at the task order level.
(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.
(End of clause)
NOAA Acquisition Manual 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT
RESTRICTIONS (OCT 2015)
By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in:
(a) 41 U.S.C. § 2103 regarding contacts between a Federal employee working on a procurement and an offeror about prospective employment;
(b) 18 U.S.C. § 207 regarding the restrictions on former Federal employees having contact with a Federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a Federal employee or for which the former Federal employee had official responsibility;
(c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former Federal agency on behalf of another person or entity concerning any official matter; and
(d) 41 U.S.C. § 2104 regarding the restrictions on a former Federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor.
(End of solicitation and contract language)
NOAA Acquisition Manual 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005)
The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:
REFERENCE SECTION DELIVERABLE OCCURRENCE RECIPIENT
Revolutionary FAR Overhaul
RFO 42.11
Contractor Performance Information
Annual
CO/CS
FAR Overhaul
RFO 52.222-54
Employment Eligibility Verification
Contractor: within 30 days of contract award.
Employees: refer to RFO 52.222-54
CO/COR
Commerce Acquisition Regulation
CAR 1352.237-75
Requests for changes in Key Personnel.
Fifteen (15) calendar days prior to making any permanent replacement.
CO/COR
FAR Overhaul RFO 52.219-9 Subcontracting Plan
Reporting
Refer to RFO 52.219-9 for frequency of reporting requirements
SAM.gov
NOAA Acquisition Manual 1330-52.222-70
Evidence of sexual assault and sexual harassment training
Refer to
1330.52.222-70 COR
Revolutionary FAR Overhaul RFO 52.204-15 Service contract reporting Annually by
October 31st SAM.gov
Revolutionary FAR Overhaul RFO 52.204-91 Notification of changes to
UEI or CAGE code Within 30 days after the change CO
Revolutionary FAR Overhaul RFO 52.209-9
Updates of publicly available information regarding responsibility matters
Semi-annually SAM.gov
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 1330-52.232-72 NOAA TRANSITION TO THE INVOICE PROCESSING
PLATFORM ELECTRONIC INVOICING SYSTEM (FEB 2023)
Beginning October 1, 2023, when NOAA implements the Department of Commerce Business Applications Solution, the Contractor must submit payment requests electronically through the U.S.
Department of the Treasury's Invoice Processing Platform (the IPP) System. 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)). All supporting documents required by the Contracting Officer must be included 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. 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)
NOAA Acquisition Manual 1330-52.243-70 REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)
(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the contractor believes the Government is liable. The request shall include only costs for performing the change. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.
(b) Any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the contractor:
I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.
(Official’s Name)
(Title)
(c) The certification in paragraph (b) of this solicitation and contract language requires full disclosure of all relevant facts, including:
1. Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and
2. Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.
(d) The certification requirement in paragraph (b) of this solicitation and contract language does not apply to:
1. Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or
2. Final adjustments under an incentive provision of the contract.
(End of solicitation and contract language)
NOAA Acquisition Manual 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN
(OCT 2022)
(a) The NOAAAGO Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:
1. Allow contractors to better prepare for and propose on business opportunities.
2. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting.
3. Identify constraints in transparency.
(b) The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA.
(c) Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution.
However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer’s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.
(d) There are several constraints to the scope of the AGO Ombudsman’s authority, for instance:
1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates).
2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.
3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.
4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.
5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.
6. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the U.S. Government.
7. The AGO Ombudsman is not NOAA’s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity).
(e) After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable Federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.
(f) The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.
(g) Questions regarding items (a) through (f) within this language shall be directed to ago.ombudsman@noaa.gov.
Section 4 - Contract Terms and Conditions
RFO 52.203-3 Gratuities. (APR 1984)
RFO 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)
RFO 52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)
RFO 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017)
RFO 52.204-7 System for Award Management-Registration. (NOV 2024) (Deviation JAN 2026)
RFO 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) (Deviation JAN 2026)
RFO 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. (OCT 2016) (Deviation JAN 2026)
RFO 52.204-91 Contractor Identification. (Deviation JAN 2026)
RFO 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018) (Deviation JAN 2026)
RFO 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) (Deviation JAN 2026)
RFO 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016) (Deviation JAN 2026)
RFO 52.219-8 Utilization of Small Business Concerns. (JAN 2025) (Deviation JAN 2026)
RFO 52.219-9 Small Business Subcontracting Plan. (JAN 2025) (DEVIATION March 2026)
RFO 52.219-16 Liquidated Damages-Subcontracting Plan. (SEP 2021) (Deviation JAN 2026)
RFO 52.209-7 Information Regarding Responsibility Matters. (OCT 2018) (Deviation JAN 2026)
(a) Definitions. As used in this provision-
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means-
(1) The total value of all current, active contracts and grants, including all priced options;
and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the…
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