Sol_1305M324Q0343.pdf

COMBINED SYNOPSIS/SOLICITATION

Polar King Walk-In Freezer and Installation and Removal

(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 1305M324Q0343.

(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 333415. The small business size standard is 1,250 Employees.

(v) This combined solicitation/synopsis is for purchase of the following commercial item:

BRAND NAME REQUIREMENT: A Polar King walk-in freezer unit is essential to meet the requirements of this acquisition. Polar King manufactures commercial walk-in freezer units that are engineered specifically for outdoor use. These freezers are designed to ensure harsh environments, such as the concrete pad that the new freezer will sit upon. This concrete pad is positioned less than ten feet from the seawall. Market research concluded that Polar King is the only manufacturer available for this type of outdoor walk-in freezer. In addition, Polar King units come pre-wired, fully constructed, factory tested and ready to operate. Other freezer vendors do not offer these services and an outside refrigeration contractor would need to be arranged to install electrical, tubing, freon, conduct test and confirm operations. This type of “plug and play” product alleviates the need for NEFSC’s facilities teamor an outside contractor to be arranged.

CLIN 0001

Purchase of Polar King Walk-In Freezer, Installation and Removal in accordance with the Statement of Need. Deliver by 90 days after date of award.

(vi) Description of requirements is as follows:

See attached Statement of Need, and Department of Labor Wage Rates: WD 2015-4045, Revision No. 28, dated 04/19/2024, which can be found on: https://sam.gov/content/wage-determinations

(vii) Date(s) and place(s) of delivery and acceptance:

Deliver by 90 days after date of award.

Delivery shall be FOB Destination to NOAA / NEFSC / Woods Hole Science Aquarium “Aquarium Building” 166 Water Street Woods Hole, MA 02543

(viii) FAR provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (Sept 2023), applies to this acquisition and can be found on the Request for Quote form SF1449 attachment.

(ix) FAR provision 52.212-2, Evaluation-Commercial Products and Commercial Services (Nov 2021), applies to this acquisition and can be found on the Request for Quote form SF1449 attachment.

(x) FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024), applies to this acquisition and can be found on the https://sam.gov/content/wage-determinations https://www.acquisition.gov/far/part-52#FAR_52_212_1 https://www.acquisition.gov/far/part-52#FAR_52_212_2 https://www.acquisition.gov/far/part-52#FAR_52_212_3

Request for Quote form SF1449 attachment. Offerors are advised to include a completed copy of the provision with its offer.

(xi) FAR clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023), applies to this acquisition and can be found on the Request for Quote form SF1449 attachment.

(xii) FAR clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024), applies to this acquisition and can be found in full text on the Request for Quote form SF1449 attachment.

(xiii) Any additional contract requirement(s) or terms and conditions that apply can be found on the Request for Quote form SF1449 attachment.

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

(xv)Quotes are required to be received in the contracting office no later than 12:00PM MST/MDT on 07/22/2024. All quotes must be submitted electronically via email to Jamie.Rosales@noaa.gov.

(xvi) Any questions regarding this solicitation should be submitted electronically via email to Jamie.Rosales@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.

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

(End)

1352.215-72 Inquiries (Apr 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING

VIA EMAIL TO JAMIE.ROSALES@NOAA.GOV. QUESTIONS SHOULD BE RECEIVED NO

LATER THAN 07/19/2024. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause) https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_5 mailto:Jamie.Rosales@noaa.gov mailto:Jamie.Rosales@noaa.gov

STATEMENT OF NEED

Outdoor Polar King Walk-in Freezer Installation & Replacement

At the Woods Hole Science Aquarium, NOAA / NEFSC

Requisition Number: 143021-24-0342

BACKGROUND / SCOPE / MISSION:

NOAA Fisheries is a federal natural resource science and management agency with authorities over living marine resources in the U.S. EEZ. The Northeast Fisheries Science Center is the research arm of the agency in the region. The Woods Hole Science Aquarium is part of the Northeast Fisheries Science Center (NEFSC), and is the oldest public aquarium in the country and is home to over a hundred species of local marine fish and invertebrates, and provides a home to non-releasable harbor seals.

The Woods Hole Science Aquarium (WHSA) has a requirement of maintaining several months' stock of frozen food items for resident marine mammals. The WHSA must adhere to regulations outlined in the United States Department of Agriculture’s (UDSA) Animal and Plant Health and Safety (APHIS) Animal Welfare Act (AWA) and Animal Welfare Regulations. Regulations mandate that marine mammal food freezers are maintained at a maximum temperature of -18°C (0°F), outside of short-term defrosting. In addition, this freezer cannot be shared outside of the use for food storage, meaning the WHSA cannot utilize freezer space outside of this unit.

This acquisition ensures that the WHSA can continue to offer the highest quality nutrition to its resident marine mammals, fish, and invertebrates, continuing the historical mission of: supporting fisheries research, educating the public about marine life and marine science, and conservation via the housing of non-releasable marine mammals and assistance with cold-stunned sea turtles. The WHSA can only continue these objectives if we have the onsite capability to store and maintain food at its highest quality.

OBJECTIVES:

This procurement is to replace the Polar King walk-in freezer which services the NEFSC’s Woods Hole Science Aquarium (WHSA). This new Polar King unit will replace the existing walk-in freezer unit which has been in place since 2005.

Contents of this freezer include several hundreds to thousands of pounds of frozen food items for feeding the marine mammals and fish in residence at the NEFSC’s WHSA.

The current walk-in freezer is positioned on a concrete pad adjacent to the main aquarium building. This freezer sits along a seawall and is exposed to frequent and prolonged saltwater spray. This unit sits atop two metal struts elevated 2” over the concrete pad that run the length of the unit – from the front door to the rear of the unit.

SCOPE:

The current Polar King walk-in freezer will be emptied, defrosted and disconnected from the current power supply once a delivery date has been identified. There is clear access via the Aquarium Building parking lot for a lift truck to operate in this space.

Work site specifics, including access and measurements of the area surrounding the walk-in freezer and concrete freezer pad are provided in Attachment A.

1. Removal of the current Polar King walk-in freezer shall be done by the delivery company on the day of delivery of the new unit.

a. Disposal of the removed unit is to be completed by the contractor.

b. There is sufficient space available to temporarily position the decommissioned walk-in unit and the new unit in the parking lot area.

2. Delivery of new Polar King walk-in freezer unit, placed by the deliverer onto the allocated concrete pad.

a. Unit shall be pre-wired, fully constructed, factory tested and ready to operate upon arrival.

i. Should the unit not be factory tested upon arrival, the unit shall be plugged in and tested onsite by the deliverer.

b. NEFSC facilities staff will be responsible for the installation of any flashing or accessory components, once the unit is in place.

ESSENTIAL SALIENT FEATURES OF NEW POLAR KING WALK-IN FREEZER UNIT:

A. Exterior of Freezer Unit: The freezer shall have a seamless fiberglass exterior.

B. Exterior Dimensions: To fit in the allotted concrete pad the exterior of the freezer shall be no larger than:

a. Width: 7’ (84”)

b. Length: 10.75’ (129”)

c. Height: 8’ (96”)

The above dimensions are equal to the currently operating walk-in freezer.

C. Exterior Temperature Readout: The freezer shall have an exterior temperature readout. This readout may be digital or analog.

D. Exterior Defrost Signal: The freezer shall have an exterior indicator that the unit is actively defrosting. Any type of indicator is acceptable.

E. Temperature Range: The freezer must be capable of maintaining temperatures between 0°F and -10°F, outside of defrosting.

F. Door: This freezer shall have one standard entry/exit door.

G. Door Latch: The freezer shall have a lockable door latch, capable of holding a standard padlock.

H. Interior Lighting: The freezer shall have interior lighting that may be controlled during use. Any type of lighting is acceptable.

I. Safety Features: The freezer shall be equipped with an emergency door release, positioned and accessible from the interior in the event of an accidental lock-in.

J. Electrical Components: The freezer shall have components prone to corrosion treated, covered, or constructed of materials resistant to degradation from saltwater environments. Materials prone to corrosion/rust will not be acceptable.

K. Refrigerant: This freezer shall use EPA-compliant refrigerant and the contractor shall provide documentation of what refrigerant was used.

L. Voltage: This freezer shall operate at a voltage of 208 -230.

SPECIFIC TASKS

TASK 1: Removal and Disposal of Current Decommissioned Walk-in Freezer

A. The contractor shall remove the current decommissioned walk-in Polar King freezer that sits on top of two metal struts elevated 2” over the concrete pad that runs the length of the unit-from the door to the rear of the unit.

B. The contractor shall dispose of the decommissioned walk-in freezer according to applicable state and federal regulations.

TASK 2: Delivery and Installation of new Polar King Walk-in Freezer

A. Contractor shall deliver and place the new Polar King unit on top of the existing two metal struts elevated 2” over the concrete pad that runs the length of the unit from the door to the rear of the unit.

B. Contractor shall connect the new unit and conduct tests and proper cooling checks after the installation of the new Walk-In Freezer.

a. Written proof of a factory test conducted on the unit before delivery is an acceptable alternative to onsite testing.

WARRANTY:

The contractor shall provide a written warranty for service including labor and materials for a period of one year from the date of startup.

DELIVERY LOCATION:

NOAA / NEFSC / Woods Hole Science Aquarium “Aquarium Building” 166 Water Street Woods Hole, MA 02543

DELIVERY SCHEDULE:

Delivery shall be within 90 days following the award of the contract.

Delivery must be scheduled with sufficient lead time to ensure NEFSC staff member(s) are available and onsite to accept delivery that day/time. Delivery must be between normal business hours, 8:00am – 4:00pm, Monday through Friday.

ATTACHMENT A

Site Overview for Delivery & Installation

There are two buildings located at the NEFSC’s 166 Water Street address. This freezer unit sits adjacent to the rear of the “Aquarium Building”.

Access to this parking lot is achieved via a lift gate, highlighted in orange. Upon arrival, the delivery driver will be met at the lift gate and granted access.

Highlighted in green is the location of the walk-in freezer concrete pad. A diagram of the space with clearance on the sides is also provided.

Available Space Surrounding Current Walk-in Freezer Unit & Concrete Pad

This diagram is not to scale and serves only to show the space available around the concrete pad for any required truck or lifting equipment.

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

FM700073 CODE 16. ADMINISTERED BYCODE

X

X

X

333415

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

07/19/2024 1200 MD

07/12/2024

JAMIE ROSALES

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1305M324Q0343

5. SOLICITATION NUMBER

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

1 67 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

WOODS HOLE MA 02543-1026

/F/NEC

166 WATER ST

NE FISHER SCI CTR

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.

(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

67 2 of

1305M324Q0343 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 Polar King Walk-In Freezer, Installation and Removal in accordance with the Statement of Need. Deliver by 90 days after date of award.

Award Type: Firm-fixed-price Product/Service Code: 4110

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)

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

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)

FAR 52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (JAN

2022) (DEVIATION 2024-03) (OCT 2023)

a. Definitions. As used in this clause— United States means the 50 states, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.).

Worker – (1)

i. Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 14026, and–

A. Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

B. Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541; and

C. Regardless of the contractual relationship alleged to exist between the individual and the employer.

ii. Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

iii. Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (2)

i. A worker performs on a contract if the worker directly performs the specific services called for by the contract; and

ii. A worker performs in connection with a contract if the worker 's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

b. Executive Order Minimum wage rate.

1. The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $15.00 per hour beginning January 30, 2022.

2. The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2023, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor’s Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O.

minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://www.sam.gov (or any successor website), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract. (3)

i. The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs

(including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers’ compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

ii. Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.

iii. The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

4. The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

5. A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

6. The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker ’s wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 23.230, Deductions.

7. The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the

Service Contract Labor Standards statute, the cash equivalent thereof.

http://www.sam.gov/

8. Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum wage higher than the E.O. 14026 minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

9. The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

10. The Contractor shall follow the policies and procedures in 29 CFR 23.240(b) and 23.280 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

c.

1. This clause applies to workers as defined in paragraph (a). As provided in that definition –

i. Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

ii. Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and

iii. Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

2. This clause does not apply to–

i. Contracts or subcontracts to which the States of Texas, Louisiana, or Mississippi, including their agencies, are a party;

ii. Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

iii. Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-

A. Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a) ;

B. Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b) ; and

C. Those employed in a bona fide executive , administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

d. Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/agencies/whd/government-contracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently http://www.dol.gov/agencies/whd/government on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

e. Payroll Records.

1. The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

i. Name, address, and social security number;

ii. The worker ’s occupation(s) or classification(s);

iii. The rate or rates of wages paid;

iv. The number of daily and weekly hours worked by each worker;

v. Any deductions made; and

vi. Total wages paid.

2. The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator.

The Contractor shall also make such records available upon request of the Contracting Officer.

3. The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

4. Failure to comply with this paragraph (e) shall be a violation of 29 CFR 23.260 and this contract. Upon direction of the Administrator or upon the Contracting Officer 's own action, payment shall be withheld until such time as the noncompliance is corrected.

5. Nothing in this clause limits or otherwise modifies the Contractor ’s payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

f. Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

g. Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

h. Disputes. Department of Labor has set forth in 29 CFR 23.510, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor ’s compliance with Department of Labor regulations at 29 CFR part 23. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

i. Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

j. Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

k. Subcontracts. The Contractor shall include the substance of this clause, including this paragraph

(k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

(End of clause)

Standard Language UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures.

(DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

FAR 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 Jamie.Rosales@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.

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.

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.

FAR 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 https://sam.gov/content/home 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.

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)

FAR 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…