Sol_1305M324Q0370.pdf

COMBINED SYNOPSIS/SOLICITATION

Service and Maintenance of Small Boats, Engines, and Related Equipment

(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 1305M324Q0370.

(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 Unrestricted. The associated NAICS code is 336611. The small business size standard is 1,300 Employees.

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

CLIN 0001 – Base Year Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Service and Maintenance of Small Boats, Engines, and Related Equipment at the Pacific Islands Fisheries Science Center (PIFSC) in Honolulu, HI in accordance with the Statement of Work. Period of Performance 09/01/2024 through 08/31/2025. Parts and supplies to be invoiced with each service and maintenance.

CLIN 1001 – Option Year 1 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Service and Maintenance of Small Boats, Engines, and Related Equipment at the Pacific Islands Fisheries Science Center (PIFSC) in Honolulu, HI in accordance with the Statement of Work. Period of Performance 09/01/2025 through 08/31/2026. Parts and supplies to be invoiced with each service and maintenance.

CLIN 2001 – Option Year 2 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Service and Maintenance of Small Boats, Engines, and Related Equipment at the Pacific Islands Fisheries Science Center (PIFSC) in Honolulu, HI in accordance with the Statement of Work. Period of Performance 09/01/2026 through 08/31/2027. Parts and supplies to be invoiced with each service and maintenance.

CLIN 3001 – Option Year 3 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Service and Maintenance of Small Boats, Engines, and Related Equipment at the Pacific Islands Fisheries Science Center (PIFSC) in Honolulu, HI in accordance with the Statement of Work. Period of Performance 09/01/2027 through 08/31/2028. Parts and supplies to be invoiced with each service and maintenance.

CLIN 4001 – Option Year 4 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Service and Maintenance of Small Boats, Engines, and Related Equipment at the Pacific Islands Fisheries Science Center (PIFSC) in Honolulu, HI in accordance with the Statement of Work. Period of Performance 09/01/2028 through 08/31/2029. Parts and supplies to be invoiced with each service and maintenance.

This is a firm fixed price contract for the base and all option years. The contractor must provide hourly rate based on an estimated total of 53 hours for all base and option years.

(vi) Description of requirements is as follows:

See attached Statement of Work which applies to Base Year and all Option Years 1 – 4, and Department of Labor Wage Rates: WD 2015-5689, Revision No. 22, dated 05/10/2024, which can be found on:

https://sam.gov/content/wage-determinations

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

Period of performance shall be:

Base Year for a twelve-month period 09/01/2024 through 08/31/2025.

https://sam.gov/content/wage-determinations

Option Period 1 for a twelve-month period 09/01/2025 through 08/31/2026.

Option Period 2 for a twelve-month period 09/01/2026 through 08/31/2027.

Option Period 3 for a twelve-month period 09/01/2027 through 08/31/2028.

Option Period 4 for a twelve-month period 09/01/2028 through 08/31/2029.

Place of Performance is:

U.S. Department of Commerce National Oceanic & Atmospheric Administration National Marine Fisheries Service/PIFSC 1845 Wasp Boulevard, Building 176 Honolulu, HI 96818

(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 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 apply 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 08/02/2024.

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

08/01/2024. 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_1 https://www.acquisition.gov/far/part-52#FAR_52_212_2 https://www.acquisition.gov/far/part-52#FAR_52_212_3 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

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

FT710031 CODE 16. ADMINISTERED BYCODE

X

X

336611

SIZE STANDARD:

% 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

08/02/2024 1200 MD

07/24/2024

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

1305M324Q0370

5. SOLICITATION NUMBER

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

1 73 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

HONOLULU HI 96818-5007

1845 WASP BLVD, BLDG 176

F/PIC1 NAT'L MARINE FISH SVC

NMFS PIFSC OPRTN MGMT/INFO DIV

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 SCHEDULE

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

73 2 of

1305M324Q0370 BASE

Section II - Supplies or Services and Price/Costs Section III - Description/Specifications 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

Base Year: Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Service and Maintenance of Small Boats, Engines, and Related Equipment at the Pacific Islands Fisheries Science Center (PIFSC) in Honolulu, HI in accordance with the Statement of Work. Period of Performance 09/01/2024 through 08/31/2025. Parts and supplies to be invoiced with each service and maintenance.

Award Type: Firm-fixed-price Product/Service Code: J019 Period of Performance: 09/01/2024 to 08/31/2025

Option Year 1: Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Service and Maintenance of Small Boats, Engines, and Related Equipment at the Pacific Islands Fisheries Science Center (PIFSC) in Honolulu, HI in accordance with the Statement of Work. Period of Performance 09/01/2025 through 08/31/2026. Parts and supplies to be invoiced with each service and maintenance.

Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: J019 Period of Performance: 09/01/2025 to 08/31/2026

Option Year 2: Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Service and Maintenance of Small Boats, Engines, and Related Equipment at the Pacific Islands Fisheries Science Center (PIFSC) in Honolulu, HI in accordance with the

Item Number Description Quantity Unit Unit Price Amount

Statement of Work. Period of Performance 09/01/2026 through 08/31/2027. Parts and supplies to be invoiced with each service and maintenance.

Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: J019 Period of Performance: 09/01/2026 to 08/31/2027

Option Year 3: Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Service and Maintenance of Small Boats, Engines, and Related Equipment at the Pacific Islands Fisheries Science Center (PIFSC) in Honolulu, HI in accordance with the Statement of Work. Period of Performance 09/01/2027 through 08/31/2028. Parts and supplies to be invoiced with each service and maintenance.

Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: J019 Period of Performance: 09/01/2027 to 08/31/2028

Option Year 4: Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Service and Maintenance of Small Boats, Engines, and Related Equipment at the Pacific Islands Fisheries Science Center (PIFSC) in Honolulu, HI in accordance with the Statement of Work. Period of Performance 09/01/2028 through 08/31/2029. Parts and supplies to be invoiced with each service and maintenance.

Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: J019

Item Number Description Quantity Unit Unit Price Amount

Period of Performance: 09/01/2028 to 08/24/2029

Section III - Description/Specifications

SOW Statement of Work

Service and Maintenance of NOAA/PIFSC Small Boats, Engines, and Related Equipment

Purpose

The National Oceanic and Atmospheric Administration (NOAA) Pacific Islands Fisheries Science Center (PIFSC) maintains a fleet of small boats to conduct research related activities. Most of these research activities occur either from NOAA research vessels, contracted vessels, or in remote field stations at various locations in the Pacific basin (northwestern Hawaiian Islands, Commonwealth of the Northern Mariana Islands, Guam, American Samoa, etc.). PIFSC staff that operate boats in remote field areas often have little or no access to vendors for maintenance/repairs or parts. Therefore, maintenance and preparation of program boats prior to deployment is important to ensure the highest probability for continued operation and mission success.

The PIFSC requires external source(s) to provide maintenance, repair, and parts for various marine outboard engines, small boat assets and related equipment used on and for government-owned small boats.

Requirements

1. Contractor must be a Honda Marine outboard factory authorized mechanic with valid dealer number to ensure Honda outboard warranty issues can be addressed.

2. Contractor must have the knowledge and capability to service and repair Honda carburetor and electronic fuel injection (EFI) outboard engines, including computer diagnostic equipment to troubleshoot EFI and other systems.

3. Contractor must be able to provide parts for Honda Marine outboard engines. Brand name or equal is acceptable.

4. Contractor must be able to conduct maintenance, repair, and modifications on small boats.

5. The ability to complete repair and maintenance work at the customer’s site (IRC Ford Island) is highly desirable; however, not mandatory.

6. The contractor submit a Honda certificate annually.

7. The contractor must provide hourly rate based on an estimated total of 53 hours for all base and option years.

Additional Information:

1. There is not a set number of boats 'covered' under the contract.

2. Pacific Islands Fisheries Science Center PIFSC has a variety of boats (19ft SAFE Boats, RHIBs, Inflatables, and fiberglass).

3. Primarily parts to support Honda outboards (30hp, 50hp, 90hp). There are also a couple of smaller kicker outboards (~5-20hp) from Honda and Tohatsu.

Period of Performance Base Year for a twelve-month period 09/01/2024 through 08/31/2025.

Option Period 1 for a twelve-month period 09/01/2025 through 08/31/2026.

Option Period 2 for a twelve-month period 09/01/2026 through 08/31/2027.

Option Period 3 for a twelve-month period 09/01/2027 through 08/31/2028.

Option Period 4 for a twelve-month period 09/01/2028 through 08/31/2029.

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) 52.211-6 Brand name or equal. (AUG 1999)

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

52.232-18 Availability of Funds. (APR 1984) 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 http://www.sam.gov/

Service Contract Labor Standards statute, the cash equivalent thereof.

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 http://www.dol.gov/agencies/whd/government electronically may post the notice electronically provided the electronic posting is displayed prominently 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.

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 https://sam.gov/content/home

• 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 Jamie Rosales at Jamie.Rosales@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”.

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).

The evaluation will consider the Non-Price Technical Solution (Technical Approach and Past Performance) to be significantly more important than price. However, as quotes are determined to be more equal in the non-price evaluation factor, price becomes more important and may become the determining factor for award. If, at any stage of the evaluation, all vendors are determined to have submitted equal, or virtually equal, Non-Price Technical Solutions, price could become the factor in determining which vendor will receive the award.

The Government intends to evaluate the quotes and award a purchase order based on the Offeror’s initial quote; therefore, the Offeror’s initial quote should contain the Offeror’s best terms from a Non- Price Technical Solution and price standpoint.

The Government reserves the right not to award a purchase order depending on the quality of the quote(s) submitted and the availability of funds. Furthermore, the Government may waive informalities and minor irregularities or omissions in quotes received.

The Government may make award to other than the lowest-priced Offeror or the Offeror with the highest technical rating if the Contracting Officer determines that to do so would result in the best value to the Government. The Government will not make an award at a significantly higher overall price to achieve only slightly superior performance capability.

(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 factors are listed in order of importance and all factors are more important than price.

1. Technical Approach and Capability.

The Offeror’s overall technical approach will be evaluated to assess the Government's level of confidence in the Offeror’s understanding of, approach to, and ability to successfully perform the requirements as described in the Statement of Work. Provide a detailed description of the company’s experience performing similar services. A detailed technical approach write-up describing how the Offeror will perform this service is required to be submitted with the quote regardless of whether a site visit was made or not. The technical approach write-up must not be a reiteration of the Statement of Work, but how your company plans on performing the tasks listed in the attached Statement of Work.

(i.e. performance checklists, anticipated number of employees, anticipated hours at the facility and/or confirmation of supplies being provided, etc.)

2. Past Performance.

The Offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract…