Sol_1305M326Q0044.pdf

CONSTRUCTION COMBINED SYNOPSIS/SOLICITATION

Upper Air Building Restoration and Modernization in Key West, FL.

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

Solicitation number 1305M326Q0044 is issued as a request for quotation (RFQ), Upper Air Building Restoration and Modernization in Key West, FL per the attached Statement of Work.

This acquisition is set-aside for small business concerns. The associated NAICS code is 236220. The small business size standard is $45 Million.

This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

(ii) A list of line-item number(s) and items, quantities, and units of measure (including option(s), if applicable).

CLIN 0001 – Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Upper Air Building Restoration and Modernization at the Weather Forecast Office in Key West, FL, in accordance with the Statement of Work. Period of Performance 60 Days from Date of Award.

(iii) Description of requirements for the items to be acquired, including documentation supporting any brand name descriptions (see 12.102).

See attached Statement of Work and Attachment 1 for pictures.

THE GENERAL DECISION (GD) FL20260022, REVISION 0 POSTED ON 01/02/2026 WILL BE

INCORPORATED AND MAY BE VIEWED AT WWW.SAM.GOV

SEE THE ATTACHED SF 18 CONSTRUCTION TEMPLATE WITH ALL TERMS AND CONDITIONS WHICH

ALL VENDORS MUST BE IN COMPLIANCE WITH TO BE ELIGIBLE FOR AWARD.

QUOTE PRICING MAY BE PROVIDED ON ATTACHED SF18 FORM OR ON COMPANY LETTERHEAD.

BONDING/LOC WILL BE REQUIRED UNLESS YOUR QUOTE IS UNDER $35K.

(iv) Date(s) and place(s) of delivery and acceptance and f.o.b. point (see part 47).

Work completed no later than 60 Days from Date of Award, quotes must provide confirmation they can fulfill this requirement.

Place of Performance is WFO Key West, FL – 1315 White Street, Key West, FL 33040.

(v) A list of solicitation provisions that apply to the acquisition (see 12.205(a)) can be found on the Request for Quote Form SF18 attachment.

RFO 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) (Deviation Jan 2026) 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. Quote documents shall include signed copies of the SF 18 and SF 30(s) to acknowledge the solicitation and any applicable amendments. 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.

http://www.sam.gov/ https://sam.gov/content/home

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

4. Offerors must provide all evaluation criteria in accordance with RFO 52.212-2. Offerors who do not provide all evaluation criteria may not be considered.

1. Technical Approach and Capability.

2. Experience.

3. Past Performance.

4. Price.

RFO 52.212-2 Evaluation- Commercial Products and Commercial Services (Nov 2021) (Deviation Jan 2026) 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 will be based on the following:

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. 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. Experience.

The offeror's background, experience, and qualifications (relevant past projects performing similar services, certifications related to current requirement, etc.) will be assessed to determine the likelihood that the offeror can successfully perform the contract requirements. Offeror must have knowledge and experience with Building Restoration.

3. Past Performance.

Quote shall include at least two references from at least two separate contracts for similar and relevant recent services within the past two years including the name, phone number, full address, and e-mail address of the reference to demonstrate the offeror’s capability to successfully perform the services listed in the Statement of Work.

The offeror is required to fill out blocks 1-4 and send the attached Past Performance Questionnaire to the references provided by the offeror in their submission. The references should complete the Past Performance Questionnaire and then email it directly to Jamie.Rosales@noaa.gov by the closing date mailto:Jamie.Rosales@noaa.gov and time of this solicitation. The Government reserves the right to consider past performance report forms received after the due date and time of the solicitation, past performance questionnaires submitted from previous solicitations, and to contact references for verification or additional information.

The Offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. 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 Offeror performance, other government agencies or commercial entities, or past performance databases, and will be based on responsiveness, quality, and customer services.

Offerors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance. A good past performance rating provides higher confidence than a neutral or satisfactory rating.

4. Price.

The quoted prices will be evaluated but not scored. The Government will evaluate the price quote for completeness and reasonableness in relation to the RFQ requirements. Quoted prices must be entirely compatible with the Non-Price Technical Solution.

(End of Provision)

The Government intends to award a trade-off, 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)

(vi) A list of contract clauses that apply to the acquisition (see 12.205(b)) can be found on the Request for Quote Form SF18 attachment.

(vii) Quotes are required to be received in the contracting office no later than 12:00 PM MST/MDT on 02/13/2026.

All quotes must be submitted electronically via email to Jamie.Rosales@noaa.gov.

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.

CAM 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

02/11/2026. 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)

(viii) Any other additional information required by 5.101(c).

SITE VISIT INFORMATION

A site visit is highly recommended but not required. Vendors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Please contact Charlie Coffman at charlie.coffman@noaa.gov to set up a time to visit the site. All questions during the site visit should be submitted electronically to Jamie.Rosales@noaa.gov.

Per NOAA Deviation 2025-02/03: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Contracting officers will not consider those representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

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)

CONSTRUCTION ORDER CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

(FIXED-PRICE)

***Note: Offeror must complete and return this section with quote.***

ORDER/CONTRACT NUMBER: 1305M326Q0044

NAME OF OFFEROR: ____________________________________

ASBESTOS-CONTAINING MATERIALS CERTIFICATION

The offeror hereby certifies that no asbestos-containing materials, products or supplies will be delivered to the work site or utilized or installed during the performance of the proposed contract. The offeror also certifies, that if awarded the contract, they will be responsible for the cost of removal of all asbestos-containing materials, products or supplies delivered to the work site or utilized or installed during the performance of the contract, and the cost for remediation of any hazard created.

Offeror Name: ________________________________________

Certifying Official (Vendor Signs)

Signature:

Printed Name:

Title:

Date:

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6/1995)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

c. CITY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

1315 WHITE STREET

WAD-SAP

325 BROADWAY, SOU6

BOULDER CO 80305

1305M326Q0044

JAMIE ROSALES

NATIONAL WEATHER SERVICE OF

33040

02/03/2026

02/13/2026 1200 MS

60 Days After Award

KEY WEST

FL

1 34

1305M326Q0044 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

Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Upper Air Building Restoration and Modernization at the Weather Forecast Office in Key West, FL, in accordance with the Statement of Work.

Period of Performance 60 Days from Date of Award.

Award Type: Firm-fixed-price Product/Service Code: Z2AZ

Section III - Description/Specifications

STATEMENT OF WORK SOW

Upper Air Building Restoration and Modernization

NATIONAL WEATHER SERVICE FORECAST OFFICE (WFO) Key West (KEY)

Background The National Oceanic and Atmospheric Administration (NOAA), National Weather Service (NWS) Southern Region (SR), Weather Forecast Office (WFO) located in Key West, FL, requires restoration of its Upper Air Inflation Building (UAIB). The current building has deteriorated due to exposure to harsh weather conditions including aging power panels, insufficient lighting, water intrusion, rusted and damaged surfaces, and doors and venting systems that no longer operate reliably. These conditions impact both operational efficiency and safety.

Purpose and Objective The purpose of this project is to fully restore and modernize the Upper Air Building to ensure it remains a safe, functional, and mission-ready facility for NWS operations. The objectives include:

- Updating all outdoor power panels to a minimum of NEMA 4X standards.

- Replacing existing outdoor lighting with LED fixtures

- Cleaning and sealing the building inside and out to protect against water intrusion and mold.

- Restoring, repairing, or replacing doors, venting, and other structural components as needed.

- Inspecting and repairing all overhead doors and components including tracks, rollers, spring systems, cables, hinges, weather seals, and other applicable hardware

- Ensuring all repairs meet industry standards, safety requirements, and local building codes.

Tasks The contractor shall provide all labor, materials, equipment, and supervision required to perform the following tasks in sequence:

1. Initial Inspections and Site Preparation:

- Inspect stairs for cracking, deterioration, safety hazards

- Inspect and all doors for damage, corrosion, or compromised safety.

- Inspect weather seal for cracks or water intrusion

2. Stair Repair

- Pressure wash stairs to remove grim and moldy material

- Fill cracks and holes with appropriate concrete patching compound.

- Apply anti-slip floor coating paint to stair surface

3. Structural and Envelope Repairs:

- Repair cracks, spalling, and voids in cinderblock walls with compatible mortar and sealants.

- Remove deteriorated or weathered caulking; re-caulk as necessary using a high-performance latex-based sealant formulated for concrete and exterior use.

- Repair or replace metal interior and exterior doors and frames exhibiting severe rust, corrosion, or holes. Doors shall be replaced with new, exterior-grade, corrosion-resistant assemblies, and are properly fitted with weather stripping for weather resistance.

- Inspect and repair or replace sliding overhead doors and all associated components, including tracks, rollers, spring systems, cables, hinges, weather seals, and other applicable hardware, ensuring proper alignment and reliable operation.

- For overhead doors equipped with mechanical opening systems, inspect motors and controls, and repair or replace any non-functional components to ensure safe and reliable operation.

5. Power and Lighting Systems:

- Replace the existing electrical panel with a new NEMA 4X panel to meet all current local and state building codes for hurricane zones.

- Electrical power panel requirements in hurricane-prone areas are governed by the National Electrical Code (NEC) and are supplemented by local or state-specific building codes

6. Sealing and Painting:

- Apply a mold-killing, stain-blocking primer/paint designed for masonry or a moisture barrier to the masonry interior stairwell surface, matching current color scheme.

7. Final Cleanup and Compliance:

- Repair any asphalt surrounding the building, including patching cracks, filling potholes, and ensuring proper drainage away from the foundation.

- Remove all debris and waste from the worksite and dispose of offsite.

- Restore the worksite to original condition.

- Ensure all work complies with OSHA safety requirements, environmental regulations, and applicable building codes.

- Submit documentation of inspections, repairs, replacements, and upgrades performed.

Deliverables

- A fully restored and modernized Upper Air Building meeting all safety and operational requirements.

- Documentation of all inspections, repairs, replacements, and upgrades performed.

- A one-year written warranty on workmanship and manufacturer warranties on materials.

Points of Contact:

Will be provided at the time of award.

Security:

Contractors shall sign in each morning and sign out each evening at each WFO.

Place of Performance:

- WFO Key West, FL – 1315 White Street, Key West, FL 33040

Period of Performance:

Period of Performance 60 Days from Date of Award.

STANDARD CLAUSES

A. Compliance The Contractor shall comply with all local, state, and Federal environmental, health, and safety regulations while conducting this work. In addition, the Contractor shall ensure that all work is in compliance with the applicable codes and be responsible for all licenses, permits and fees required to complete this project.

B. Disposal The Contractor will be required to properly remove and dispose of all waste material in an environmentally friendly manner.

C. Guidelines The Project shall follow the guidelines stated in the Statement of Work, site diagrams, blueprints, and any contractor-provided quoted documents. All modifications must be submitted and approved by the Contracting Officer.

D. Hours of Operation Balloon launches occur every day at 0800 EST and 2000 EST. To minimize interruption of the balloon launches, work shall be performed between 9:00am & 5:00pm Monday thru Friday unless otherwise approved by the COR. Contractor agrees to observe all Federal Holidays, and any other day off work designated by Federal Statute, Executive Order, or Presidential Proclamation.

E. Facility Access A sign-in sheet shall be completed each day for all contractors, contractor employees, and sub-contractors on site.

F. Government Contact The Contracting Officer Representative (COR) will serve as the Government’s point of contact for all submissions.

G. Documents The Government does not warrant that any documents provided as attachments are free from discrepancies, ambiguities, errors, omissions, or changing conditions. It is the responsibility of the Contractor to confirm existing conditions and resolve discrepancies.

H. Davis Bacon Act The Contractor shall comply with the current wages of the Davis-Bacon Act.

I. Key Personnel The contractor will provide the following Key Personnel positions prior to the start of the project. These positions can be occupied by the same person but must be able to fulfill both position roles. Before Key Personnel changes are made, the CO must be notified in writing prior to the change.

• Project Manager – Must be able to represent the contractor in regards to contract requirements.

• Onsite Manager – Must be at the project location whenever work is being performed.

SAFETY AND EMERGENCY PLAN

The Contractor shall observe and institute all applicable OSHA safety requirements and procedures to prevent accidents and injuries.

The Contractor shall designate one person as Safety Coordinator for communication between the Contractor and the NWS COR.

Contractor shall provide a Safety Plan and Procedure to protect employees from being injured on the job site. Submit plan for review and approval.

Contractor shall provide an Emergency Plan and Procedure to provide immediate care for an employee injured while on the job site. Submit plan for review and approval.

GOVERNMENT PROVIDED MATERIALS AND/OR SERVICES

Exclusions:

Unless otherwise indicated elsewhere in this SOW, the Government will provide no data, materials, equipment and/or services to the Contractor. Any and all research required to fulfill the SOW described herein shall be the responsibility of the Contractor.

Warranty:

The Government does not warrant that any documents provided as attachments are free from discrepancies, ambiguities, errors, omissions, or changing conditions. It is the responsibility of the Contractor to confirm existing conditions and resolve discrepancies.

***All submittals shall become the property of the U.S. Government***

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)

52.204-7 SYSTEM FOR AWARD MANAGEMENT-REGISTRATION.

(NOV 2024) (Deviation JAN 2026)

52.204-13 SYSTEM FOR AWARD MANAGEMENT-MAINTENANCE.

(OCT 2018) (Deviation JAN 2026)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.209-2

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS-REPRESENTATION. (NOV

2015) (Deviation JAN 2026)

52.209-10

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS. (NOV 2015) (Deviation JAN 2026)

52.212-4

TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES. (NOV 2023) (Deviation JAN 2026)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV

2020) (Deviation JAN 2026)

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION. (JAN 2025) (Deviation JAN 2026)

52.222-3 Convict Labor. (JUN 2003)

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS. (AUG

2018) (Deviation JAN 2026)

52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (JUL 2021) 52.222-9 Apprentices and Trainees. (JUL 2005)

52.222-10 Compliance With Copeland Act Requirements. (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS). (MAY 2014)

(Deviation JAN 2026)

52.222-12 Contract Termination - Debarment. (MAY 2014)

52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)

52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014)

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND

REMEDIES. (JAN 2025) (Deviation JAN 2026)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES.

(JUN 2020) (Deviation JAN 2026)

52.222-50 COMBATING TRAFFICKING IN PERSONS. (OCT 2025)

(Deviation JAN 2026)

52.222-55 Minimum Wages for Contractor Workers Under

Clause Number Clause Title Executive Order 14026. (JAN 2022)

52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2022)

52.223-1 BIOBASED PRODUCT CERTIFICATION. (MAY 2024)

(Deviation JAN 2026)

52.223-2

REPORTING OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS. (MAY 2024)

(Deviation JAN 2026)

52.223-5 Pollution Prevention and Right-to-Know Information.

(MAY 2024)

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES. (MAY 2024)

(Deviation JAN 2026)

52.225-9 BUY AMERICAN - CONSTRUCTION MATERIALS. (OCT

2022) (Deviation JAN 2026)

52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014)

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

52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)

52.232-5 Payments Under Fixed-Price Construction Contracts.

(MAY 2014)

52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)

52.233-3 PROTEST AFTER AWARD. (AUG 1996) (Deviation JAN 2026)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM.

(OCT 2004) (Deviation JAN 2026)

52.236-2 DIFFERING SITE CONDITIONS. (APR 1984) (Deviation JAN 2026)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE

WORK. (APR 1984) (Deviation JAN 2026)

52.236-5 MATERIAL AND WORKMANSHIP. (APR 1984) (Deviation

JAN 2026)

52.236-7 PERMITS AND RESPONSIBILITIES. (NOV 1991) (Deviation

JAN 2026)

52.236-8 OTHER CONTRACTS. (APR 1984) (Deviation JAN 2026)

52.236-9

PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS. (APR

1984) (Deviation JAN 2026)

52.236-10 OPERATIONS AND STORAGE AREAS. (APR 1984)

(Deviation JAN 2026)

52.236-12 CLEANING UP. (APR 1984) (Deviation JAN 2026)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES. (APR 1984)

(Deviation JAN 2026)

Clause Number Clause Title 52.236-17 LAYOUT OF WORK. (APR 1984) (Deviation JAN 2026)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

52.240-90

SECURITY PROHIBITIONS AND EXCLUSIONS

REPRESENTATIONS AND CERTIFICATIONS. (Deviation JAN 2026)

52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS. (Deviation

JAN 2026)

52.240-92 SECURITY REQUIREMENTS. (Deviation JAN 2026) 52.242-14 Suspension of Work. (APR 1984)

52.243-5 CHANGES AND CHANGED CONDITIONS. (APR 1984)

(Deviation JUN 2025)

52.244-6

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES. (OCT 2025) (Deviation JAN 2026)

52.246-12 Inspection of Construction. (AUG 1996) 52.246-21 Warranty of Construction. (MAR 1994)

52.249-1 Termination for Convenience of the Government (Fixed- Price) (Short Form). (APR 1984)

52.249-10 Default (Fixed-Price Construction). (APR 1984)

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®.

CAR 1352.201-70 Contracting Officer's Authority. (MAR 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

CAR 1352.201-72 Contracting Officer's Representative (COR). (APR 2010)

(a) The Contracting Officer’s Representative (COR) will be identified under separate cover after award.

The COR may be changed at any time by the Government without prior notice to the contractor by issuance of a new appointment letter. The location of the COR will be provided at the issuance of the COR appointment letter.

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

CAR 1352.209-73 Compliance with the laws. (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

(End of clause)

CAR 1352.209-74 Organizational conflict of interest. (APR 2010)

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage.

Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

(End of clause)

CAR 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 02/11/2026. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

CAR 1352.233-70 Agency protests. (APR 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

Casey Keating Casey.Keating@noaa.gov Acting Branch Chief, Contracting Officer, Simplified Acquisition U.S. Department of Commerce/NOAA Western Acquisition Division 325 Broadway, SOU6 Boulder, CO 80305

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Chad Hepp Chad.M.Hepp@noaa.gov WAD Director, AGO NOAA/AGO Western Acquisition Division-Boulder 325 Broadway SOU6 Boulder, CO 80305

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C.

Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.

(End of clause)

CAR 1352.233-71 GAO and Court of Federal Claims protests. (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C.

Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.

(End of clause)

CAR 1352.237-71 Security processing requirements-low risk contracts (APR 2010)

(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor.

(b) Investigative requirements for Non-IT Service Contracts are:

(1) Contracts more than 180 days-National Agency Check and Inquiries (NACI).

(2) Contracts less than 180 days-Special Agency Check (SAC).

(c) Investigative requirements for IT Service Contracts are:

(1) Contracts more than 180 days-National Agency Check and Inquiries (NACI).

(2) Contracts less than 180 days-National Agency Check and Inquiries (NACI).

(d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check.

(e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have:

(1) Official legal status in the United States;

(2) Continuously resided in the United States for the last two years; and

(3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters.

(f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows:

(1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting.

(2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint

Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing.

(3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site.

(4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division (FBIN).

(5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee's Alien Registration Receipt Card number to aid in verification.

(6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility (i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date.

(g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts.

(1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM.

(2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC.

(h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.

(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract.

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

(j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

(End of clause)

NOAA Acquisition Manual 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT

PREVENTION AND RESPONSE POLICY (MAY 2018)

In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy, it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NOAA prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for NOAA.

(a) Definitions.

Contractor Employees - The term “contractor employees,” as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members.

Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim.

Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true:

● Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment;

● Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

● The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient’s sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures.

(b) Requirements.

1. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment.

2. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor.

3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the COR, subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6.07, Reporting from Remote Locations.

4. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants’ needs are addressed.

5. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and…