Sol_1305M324Q0263.pdf

COMBINED SYNOPSIS/SOLICITATION

BRAND NAME TOSBHIBA UNINTERRUPTIBLE POWER SUPPLY (UPS) SYTEM MODULE REPLACEMENT FOR SEFSC LAB IN PASCAGOULA, MISSISSIPPI. TOSHIBA G9000 Series Toshiba UPS, 100kVA / 90kW. Model

T90S3S10KS6XSN2

(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation;

quotes are being requested and a written solicitation will not be issued.

(II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number 1305M324Q0263.

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 (MAY 2024)

(IV) This solicitation is being issued as a total small business set-aside. The associated NAICS code is 335999.

The small business size standard is 600 employees.

(V) This combined solicitation/synopsis is for the following commercial supply:

BRAND NAME: The entire existing 3-module UPS was originally designed and configured by Toshiba as a complete system. To ensure original/optimal form, fit and function – and to eliminate any potential incompatibility or warranty issues by using a different brand – the best value to the Government is to replace the obsolete Toshiba G8000MM UPS module with the current Toshiba G9000 module and re-use the other 2 modules (maintenance bypass switch module and battery cabinet module).

Purchase of Toshiba G9000 Series UPS, 100kVA / 90kW. Model T90S3S10KS6XSN2 and installation in accordance with the attached, incorporated Performance Work Statement.

(VI) Description of requirements is as follows:

See attached Performance Work Statement which applies to Section (V). Offerors’ must be authorized, factory certified Toshiba partners/resellers and must provide proof from Toshiba. Proposal must contain price breakout of UPS Module and installation. Proposal must contain UPS module specification sheets.

(VII) Place of Performance: SEFSC Mississippi Lab, 3209 Frederic St, Pascagoula, MS 39567

Delivery and Installation to be complete by 12/31/2024 or sooner

(XIII) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

(XIV) Quotes are required to be received in the contracting office no later than 5:00 P.M. MT on June 19, 2024.

All quotes must be emailed to the attention of Michelle Walton. The email address is michelle.walton@noaa.gov

(X) Any questions regarding this solicitation should be directed to Michelle Walton, phone: 303-578-6582, email:

michelle.walton@noaa.gov

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.

mailto:michelle.walton@noaa.gov

There is no charge for registration in or use of FedConnect®.

(End)

NOAA/MISSISSIPPI LABORATORIES

REPLACE UPS SYSTEM IN MAIN LAB

PERFORMANCE WORK STATEMENT (PWS)

C.1 SCOPE: The Contractor shall replace the existing TOSHIBA G8000MM Uninterruptible Power Supply (UPS) System module with a new TOSHIBA G9000 Series Toshiba UPS, 100kVA / 90kW. Model T90S3S10KS6XSN2 at the Mississippi Laboratory located at 3209 Frederic Street, Pascagoula MS 39567.

C.2 BACKGROUND: According to the manufacturer, the existing Toshiba UPS is past it’s “End of Service Life” and is no longer supported (see attached “Product End of Service Life” Notice from Toshiba dated 11/5/2020). Also, the current maintenance contract holder for the UPS has advised that replacement parts for the current UPS are scarce-to-non-available, and therefor they will also no longer be able to provide repair services after September 2024. Accordingly, the UPS needs to be replaced to maintain uninterruptible power availability throughout the main lab.

C.3 DESCRIPTION: See pictures and text below for a description:

GENERAL OVERVIEW: Disconnect, remove and “dispose” of the G8000MM Toshiba UPS module. Install the new Toshiba G9000 module and reconnect to existing Maintenance Bypass and Battery Cabinet modules. Adjust either reused module to minimize gaps due to reduced G9000 size. Upon completion, ensure full system performance IAW manufacturer O&M guidelines.

C.4 CONTRACTOR SHALL PROVIDE:

C.4.1 The Contractor shall provide everything necessary to complete the work stated herein, including, but not limited to – materials, parts, components, skilled labor, tools, chemicals, ladders, lifts, cranes, scaffolding, materials, test equipment, schematics, manuals, MSDS’, transportation, etc.

C.4.2 The Contractor shall also provide:

1. Receiving service of the new UPS at the jobsite, inside delivery, etc.

2. Setting in place the equipment, including all crane and rigging services as needed

3. Provide, install and rework existing electrical 3ph 480V circuits and associated hardware to accomplish installation of new UPS

4. Toshiba Remote-Eye hardware and all miscellaneous bits and pieces needed to fully connect and communicate with existing Building Automation System (Siemens Desigo)

5. Close coordination with site and other project personnel, including outages, etc.

6. Full manufacturer-approved product commissioning for warranty purposes

7. Post-installation on-site operator training

8. Full product documentation; IOM manuals, completed warranty certificates, etc.

9. A full parts/travel/labor warranty on all work performed under this contract for the period of one (1) year after acceptance by the Government

C.5 GOVERNMENT FURNISHED EQUIPMENT:

The Government shall provide adequate utilities, work space, and access to the equipment to enable the Contractor to perform the work as specified. Laydown area will be provided as needed (to be coordinated a minimum of one week prior to anticipated start date).

C.6 SITE VISIT:

It is the Contractor’s responsibility to inspect the job site and the equipment being replaced to determine its characteristics and compare the Performance Work Statement with the work to be done to determine all requirements necessary to perform the services required herein, and address any discrepancies or omissions required to ensure a fully functioning system upon completion. Failure to do so will in no way relieve the Contractor of responsibility for furnishing any materials, maintaining or repairing any equipment, or performing any work required to carry out the terms of this contract. One site visit will be conducted for all interested bidders.

C.7 CONTRACTOR QUALIFICATIONS:

C.7.1 The Contractor must be a Toshiba factory-authorized/certified Reseller and Installer and must provide proof of current association with/from Toshiba

C.7.2 The Contractor’s primary line of business will be UPS system service and installation. It is preferable that the Contractor be a MS, AL, GA, TN, FL or LA licensed Contractor. The contractor must have a minimum of 5 years verifiable experience in installing and/or servicing UPS systems in similar installations. Submitted with their proposal, the Contractor will provide three customer references of past similar work, who will be contacted to verify ability.

C.8 CONTRACTOR REQUIREMENTS:

C.8.1 PERIOD OF PERFORMANCE: Lead time: The Contractor will be allowed 10 weeks lead time post-award System to place the order for UPS with Toshiba and have it delivered to jobsite. Thereafter, the Contractor shall complete the entire project within 45 calendar days.

C.8.2 GENERAL The Contractor shall schedule and coordinate a post-award project kick-off meeting with the government, to be held via teleconference within 10 business days after contract award. The Contractor shall schedule a 2nd meeting approximately 2 weeks prior to anticipated work start, to fully communicate projects details, known issues and concerns, proposed work plan, work schedule, expected power outages/periods of non-UPS system coverage, etc.

C.8.3 The completed project will be of high quality workmanship and in full performance of all manufacturer guidelines and specifications (meeting industry standards), and free of defects of any kind.

C.8.4 REMOVED COMPONENTS The Contractor shall properly dispose of removed components in an environmentally responsible manner and in accordance with applicable regulations.

C.8.5 All items, components, etc. must be brand new; never previously installed and not remanufactured or refurbished. All equipment, parts and components shall be delivered on-site in original factory shipping boxes/crates, free from any damage incurred by transportation, loading/unloading, etc. This will be a HOLD POINT inspection item.

C.9 PERFORMANCE STANDARDS:

C.9.1 WARRANTY: The Contractor will provide a full parts and labor warranty (including travel, per diem, etc.) on the work performed herein for one year after final acceptance by the Government.

C.9.2 Should the Government observe a malfunction during the warranty period, the Contractor shall receive service calls from the designated NOAA representative and shall expediently perform any repairs needed to keep the equipment at the functional level specified by the Original Equipment Manufacturer and within this PWS.

C.9.3 Response time shall be within twelve (12) consecutive hours of service call.

C.9.4 Repair time shall be within twenty four (24) working hours of Response Time as stated above or as scheduled by the Government

C.9.5 The Contractor shall request approval of any extensions to the repair time from the Contracting Officer, citing reason(s) for the inability to complete repairs in specified time frame.

C.9.6 The Contractor shall maintain a written record of all activity associated with the maintenance of these systems, providing a copy to the POC after each preventive maintenance visit.

C.9.7 The completed installation shall conform to all applicable local, state and federal codes, safety standards, etc.

C.9.8 All subsequent repair/replacement parts shall meet or exceed OEM specifications, and likewise be brand-new and not remanufactured or refurbished. Replacement parts shall be furnished on an exchange basis (replaced parts become the property of the Contractor and installed parts become Government property).

C.10 SECURITY AND SAFETY:

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

C.10.1 ACCESS TO WORK SITE:

C.10.1.1 All persons employed within the boundaries of the property or restricted-access areas therein, and all persons permitted to enter such property and areas shall comply with the security regulations for the SEFSC Mississippi Laboratory.

C.10.1.2 The Government reserves the right to close down the job site and order Contractor personnel off the premises in the event of a national emergency or a shut-down, for as long as security problems persist. The Contractor may only return to the site with verbal approval from the government POC.

C.10.1.3 The Government reserves the right to exclude or remove from the site or building any employee of the Contractor whom the Government deems incompetent, careless, insubordinate or otherwise objectionable, or whose continued employment on the work is deemed by the Government to be contrary to the public interest.

C.10.1.4 Personnel may be subject to inspection of their personal effects when entering and leaving the facility. In addition, unscheduled inspections of personnel may be made when entering or while on site.

C.10.2 USE OF THE PREMISES:

C.10.2.1 Before beginning work, the Contractor shall secure approval from the building owner’s representative for the following:

• Areas permitted for personnel parking.

• Access to the site.

• Areas permitted for storage of materials, equipment, etc..

• Security: Comply with the government’s requirements for personnel identification, inspection and other security measures.

C.10.2.2 The Mississippi Laboratory campus is a smoke free environment. The Contractor and its employees shall adhere to all applicable rules and regulations regarding maintenance of a smoke free environment on the job site.

C.10.2.3 Use Of Government Facilities

1. Water and electricity are available at the work site.

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

C.10.2.4 The premises will be occupied during the performance of the work. Contractor to coordinate work with the government POC to accommodate the work schedule, continuing access and completion date.

C.10.3 PERSONNEL:

C.10.3.1 Upon request, the Contractor shall provide proof that all on-site employees are US citizens or legal aliens. Foreign Nationals are not permitted to enter the property.

C.10.3.2 The Contractor shall not employ personnel with felony convictions, or with a record of narcotics use, for work at Mississippi Laboratory.

C.10.4 CONDUCT OF CONTRACTOR PERSONNEL:

C.10.4.1 The Contractor’s employees are subject to and shall observe and comply with NOAA regulations, policies, and procedures.

C.10.4.2 Contractor employees shall not enter restricted areas.

C.10.4.3 The Contractor shall be responsible for the selection, certification, assignment, supervision, management, and control of employees with the advice of the government POC in the performance of all contract work.

C.10.4.4 The removal from the job site of any employee shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the terms and conditions of the contract.

C.10.4.5 The Contractor’s employees shall not use offices, rooms, work areas, etc. for their own use. When a task is completed, such employees shall immediately leave the area. Contract personnel shall not use or operate telephones, radios, computer terminals, or any other Government or privately owned equipment or property without the express permission of the Facility Manager. The Contractor’s employees shall not disturb papers on desks, nor open desk drawers or cabinets.

C.10.4.6 Breaks shall not be spent in offices or room areas, but taken only in the assigned rest areas. The Contractor’s employees shall not loiter in any working, patron, or other unauthorized areas. Use of Government restrooms is permitted.

C.10.4.7 While waiting for transportation, or while on work breaks, they shall not block or impede movement on ramps, doorways, corridors or walkways.

C.10.4.8 NOTE: The building will be occupied during this project and normal business operations will be taking place. Contractor’s employees shall talk and work quietly around occupants and take all other precautions to ensure normal business operations are not impacted. Loud talking and laughing, etc. are not be permitted within the occupied spaces of the facility. Keep all distractions to government employees to a minimum.

C.10.5 FACILITIES AND CONTROLS:

C.10.5.1 The Contractor shall remove and dispose of all removed components, debris and trash from the job site in a timely and legally acceptable manner so as to not detract from the aesthetics or the functions of the dock area. No trash, cigarette butts, etc., left outside upon completion.

C.10.5.2 Contractor shall comply with all applicable Federal, State, and local laws and regulations concerning environmental pollution prevention control and waste disposal.

C.10.5.3 Contractor shall immediately inform the government POC of any environmentally hazardous situations that may arise, as well as contact required regulatory agencies.

C.10.6 JOB SITE PROTECTION:

C.10.6.1 The Contractor shall adequately protect the work site from damage while performing the required work. Provide canvas, boards, barriers, signs, and other devices as necessary for protection of dock and occupants. Remove protection materials, devices at the completion of the project. The Contractor shall repair or be responsible for costs to repair all property damaged during the performance of work.

C.10.6.2 The Contractor shall comply with all requirements mandated by OSHA, EPA, and other regulatory agencies during the course of the project.

C.10.7 SAFETY:

C.10.7.1 The Contractor shall be responsible for all means and methods as they relate to safety and shall comply with all applicable OSHA, NEC, NFPA, and EPA, local, state and federal requirements. Worksite safety shall be the responsibility of the Contractor. All Contractor personnel shall be instructed daily to be mindful of the full time requirement to maintain a safe environment for the facility’s occupants including staff, visitors, customers and the occurrence of the general public on or near the site.

C.10.7.2 The Contractor shall comply with the requirements of 29 CFR, Part 1910:

Occupational Safety and Health Administration (OSHA) General Industry and Health Standards. The Contractor shall promptly correct any non-complying work or conditions.

Contractor shall be responsible to ensure its work does not affect the safety of the public or employees of the Government. Neither the Government nor its representatives shall bear any responsibility for safety precautions at the project work site. If, however, in the opinion of the GPOC a life- threatening condition exists, the GPOC will orally (to be confirmed in writing) require the Contractor to immediately suspend work in the affected area until the condition is corrected.

C.10.7.3 Whenever Contractor’s operations may create a hazardous condition (i.e., crane operations, etc.), it shall at its sole expense, furnish, install and maintain such guards, fences, barricades, railing, light, signs, or other devices necessary to prevent accident, injury or damage to people or equipment.

C.10.7.4 It is the Contractor’s responsibility to ensure all employees adhere to all safety rules, regulations, policies and practices, as required by OSHA and all other authorities having jurisdiction.

C.10.7.5 The Contractor shall keep the project site in a neat and orderly condition at all times.

C.10.7.6 Mishap Notification and Investigation: The Contractor shall promptly report pertinent facts regarding mishaps involving Government property damage or injury to Government personnel and cooperate in any resulting safety investigation. The Contractor shall notify (via telephone) the GPOC, the cognizant CO, and/or other applicable members within four (4) hours of all mishaps or incidents. The Government person notified by the Contractor will in-turn notify the Safety office. If requested by the cognizant CO, the GPOC and/or the cognizant program manager, the Contractor shall immediately secure the mishap scene/damaged property and impound pertinent maintenance and training records until released by the investigating safety office. If the Government investigates the mishap, the Contractor and the sub-Contractors shall cooperate fully and assist the Government personnel until the investigation is completed.

C.10.8 WORKMANSHIP:

All work shall be of highest quality and in strict accordance with the manufacturer’s published specifications and IOM’s, and to the GPOC’s satisfaction, most recent codes and standards. Completed installation shall be aesthetically pleasing and professional looking & shall be clean, scratch and dent free, all screws installed. All scratches, blemishes etc., will be corrected to POC’s satisfaction.

C.10.9 QUALITY ASSURANCE:

C.10.9.1 Unless otherwise noted in the contract documents, Contractor shall strictly comply with the manufacturer’s installation instructions, current specifications, details, etc. Also, the final system performance will likewise be in full compliance with the manufacturer’s published design specifications contained in the item-specific documents.

C.10.9.2 Provide adequate number of experienced technicians regularly engaged in this type of work who are specifically skilled in light pole & floodlight installation, maintenance and repair

C.10.9.3 There shall be no deviations made from this specification without the prior written approval of the CO. Any deviation from the manufacturer’s installation procedures must be supported by a written certification on the manufacturer’s letterhead and presented for the specifier’s consideration.

C.10.10 JOB CONDITIONS, CAUTIONS AND WARNINGS:

C.10.10.1 Safety Data Sheets (SDS) must be on location at all times during the transportation, storage and application of hazardous materials, as applicable.

C.10.10.2 The Contractor shall not cause or permit any hazardous material to be brought upon, kept or used in or about the premises by its agents, employees, or sub Contractors without the prior consent of the GPOC. Hazardous materials that are necessary to the performance of this contract shall be used, kept and stored in a manner that complies with all laws regulating any such hazardous material brought upon or used or kept at this site.

C.10.10.3 Prior to being brought on-site, the Contractor shall coordinate with the local GPOC and provide Safety Data Sheets to the GPOC for any hazardous materials used in the performance of this contract.

C.10.10.4 As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or waste, including but not limited to, those substances, materials, and wastes listed in the Department of Transportation Hazardous Material Table (49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 68.130) and amendments thereto, petroleum products, or such other substances, material, and wastes that are or become regulated under any applicable local, state, or Federal law.

C.11 GOVERNMENT POINT OF CONTACT:

C.11.1 The local Government Point of Contact (GPOC) will be assigned at the Project Kick-Off meeting. The GPOC may be changed at any time by the Government without prior notice to the Contractor, but notification of the change will be provided to the Contractor as soon as is practicable. The POC is located at the NOAA Mississippi Laboratory 3209 Frederic Street Pascagoula MS 39567. Contact phone numbers will be provided at project kickoff meeting.

C.11.2 The responsibilities and limitations of the GPOC are as follows:

C.11.3 The GPOC is responsible for the technical aspects of the project and liaison with the Contractor. The GPOC will also be responsible for the final acceptance of services by the Contractor and any such other responsibilities as may be specified in the contract.

C.11.4 The GPOC 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 through the GPOC.

No such changes shall be made without the expressed prior authorization of the CO.

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

WAD-SAP-S

SEATTLE WA 98115

7600 Sand Point Way NE

WAD-SAP

NFFN7300 CODE 16. ADMINISTERED BYCODE

X

X

X

335999

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORWAD-SAP-S

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

06/19/2024 1700 MD

05/29/2024

303-578-6582MICHELLE WALTON

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1305M324Q0263

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 46 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

PASCAGOULA MS 39567

F/SEC3

3209 FREDERIC STREET

USDC/NOAA/NMFS

15. DELIVER TO

SEATTLE WA 98115

7600 Sand Point Way NE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

WAD-SAP

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 Purchase of Toshiba G9000 Series UPS, 100kVA / 90kW. Model T90S3S10KS6XSN2 and installation in accordance with the attached, incorporated Performance Work Statement.

Delivery and Installation to be completed by 12/31/2024 or sooner.

Product/Service Code: 6150

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

MICHELLE WALTON

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

46 2 of

1305M324Q0263 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

Purchase of Toshiba G9000 Series UPS, 100kVA / 90kW. Model T90S3S10KS6XSN2 and installation in accordance with the attached, incorporated Performance Work Statement.

Delivery and Installation to be completed by 12/31/2024 or sooner.

Award Type: Firm-fixed-price Product/Service Code: 6150

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.204-7 System for Award Management. (OCT 2018)

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)

52.204-26 Covered Telecommunications Equipment or Services- Representation. (OCT 2020)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)

52.223-23 Sustainable Products and Services. (MAY 2024)

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

52.247-34 F.o.b. Destination. (JAN 1991) 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)

1 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®.

(End)

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023)

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive.

Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are required and can be sent to michelle.walton@noaa.gov

2. Offeror shall have an active registration in the System for Award Management (SAM found at https://sam.gov/content/home) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.

https://sam.gov/content/home

3. Offerors shall assume that the Government has no prior knowledge of them or their capability.

4. Offerors must provide all evaluation criteria in accordance with FAR 52.212-2. Offerors who do not provide all evaluation criteria will not be accepted.

5. Quote shall include at least two references for similar services including the phone number, full address, and e-mail address. References will be checked. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services.

The following minimum information shall be provided within contractor submitted references:

• Contract Number/Order Number

• Date of Contract Award

• Name and Address of the Government Agency or Commercial Entity

• Contract Type

• Annual Contract Cost

• Period of Performance

• Description of Work

• Valid name, phone number and e-mail address of Contracting Officer, Contracting Officer’s Representative or Prime Contractor (if company was subcontracted).

• In the description of work, quotes should provide a detailed explanation demonstrating the similarity of the contract, in terms of scope and size to the requirements of the solicitation for purposes of the relevancy review. Additionally, offerors should provide a brief description of work performed and results achieved; description of the methodology, tools, and processes utilized.

In addition to the information requested above, offerors shall complete Blocks 1 through 4 on Page 1 of the Past Performance Questionnaire. The offeror is required to send the Past Performance Questionnaire to those Government and commercial activities provided by the offeror in their submission and e-mail the completed survey form directly to Michelle Walton at michelle.walton@noaa.gov by the DUE DATE OF THIS SOLICITATION.

The Government reserves the right to consider past performance report forms received after the due date of the solicitation and to contact references for verification or additional information. Vendors are cautioned that the Government reserves the right to obtain information for use in the evaluation of past performance from any sources including sources outside of the Government. The Government may obtain whatever information it deems most relevant to the required effort by telephonic and/or written inquiry. This information may include SAM.gov information, or past performance information from any source.

6. If proposed subcontractor past performance is provided as part of the two (2) of its most relevant contracts or efforts and type of work to be done by the subcontractor on the solicitation requirement must be stated. The offeror’s submittal shall clearly detail the aspects of the work in the solicitation that the subcontractor is proposed to perform. A Past Performance example which does not clearly detail the aspects of the work in the solicitation that the subcontractor is proposed to perform will not be evaluated.

If the prime offeror or intended subcontractor/partner submits a past performance example in which it served as a subcontractor, the prime/sub/partner shall clearly detail the work that it performed and the size (dollar value) of that subcontracted work only. A Past Performance example that does not differentiate between the overall contract effort and the subcontractor effort will not be evaluated.

Subcontractor performance (either the vendor's own subcontractor experience or proposed subcontractor’s experience) of major or critical aspects of this requirement will be considered the same as prime contractor past performance information for the vendor. Failure of offerors to provide the required information and level of specificity will result in the contract reference not being evaluated.

“THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT”.

52.212-2 Evaluation- Commercial Products and Commercial Services (Nov 2021)

Offers will be evaluated based on price and the factors set forth in paragraph (a).

(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. Paragraph (a) is hereby completed as follows: Evaluation will be based on the following;

1. Technical Acceptability/Capability--Offerors must be authorized, factory certified Toshiba partners/resellers and must provide proof from Toshiba. Offerors must have a minimum of 5 years verifiable experience installing and servicing UPS systems.

2. Specification Sheet.

3. Price.

The Government intends to award a low priced, technically acceptable, single firm fixed-price purchase order on an all or none basis with payment terms of Net 30.

(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)

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)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services.

(MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision-

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror.

No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C.