Sol_1305M326Q0075.pdf

COMBINED SYNOPSIS/SOLICITATION

HVAC Preventative Maintenance for WFO in Guam

(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 1305M326Q0075 is issued as a request for quotation (RFQ), for HVAC Preventative Maintenance Services for the National Weather Service (NWS), Weather Forecast Office for WFO in Guam.

This acquisition is set-aside for small business concerns. The associated NAICS code is 811310. The small business size standard is $12.5 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 – Base Year Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for HVAC Preventative Maintenance Services at the Weather Forecast Office in Guam, in accordance with the Statement of Work. Period of Performance 04/30/2026 through 04/29/2027.

CLIN 1001 – Option Year 1 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for HVAC Preventative Maintenance Services at the Weather Forecast Office in Guam, in accordance with the Statement of Work. Period of Performance 04/30/2027 through 04/29/2028.

CLIN 2001 – Option Year 2 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for HVAC Preventative Maintenance Services at the Weather Forecast Office in Guam, in accordance with the Statement of Work. Period of Performance 04/30/2028 through 04/29/2029.

CLIN 3001 – Option Year 3 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for HVAC Preventative Maintenance Services at the Weather Forecast Office in Guam, in accordance with the Statement of Work. Period of Performance 04/30/2029 through 04/29/2030.

CLIN 4001 – Option Year 4 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for HVAC Preventative Maintenance Services at the Weather Forecast Office in Guam, in accordance with the Statement of Work. Period of Performance 04/30/2030 through 04/29/2031.

(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 which applies to Base Year and all Option Years 1 – 4, and Department of Labor Wage Rates: WD 2015-5693, Revision No. 26, dated 12/03/2025, which can be found on:

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

INVOICES TO BE BILLED MONTHLY IN ARREARS. PROVIDE MONTHLY AND ANNUAL PRICING FOR

EACH BASE AND OPTION YEAR. QUOTE PRICING MAY BE PROVIDED ON ATTACHED SF18 FORM

OR ON COMPANY LETTERHEAD.

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

Period of performance shall be:

Base Year for a twelve month period 04/30/2026 through 04/29/2027.

Option Period 1 for a twelve month period 04/30/2027 through 04/29/2028.

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

Option Period 2 for a twelve month period 04/30/2028 through 04/29/2029.

Option Period 3 for a twelve month period 04/30/2029 through 04/29/2030.

Option Period 4 for a twelve month period 04/30/2030 through 04/29/2031.

The start date is an estimate and is subject to new funding approval processes. If there is a significant delay in awarding this contract, a shortened base year Period of Performance may be utilized or an updated quote may be requested with a new 12-month base year and corresponding option years.

Place of Performance is Weather Forecast Office Guam 3232 Hueneme Road Barrigada, GU 96913

(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.

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 Acceptability/Capability.

2. Past Performance.

3. 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).

(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 pass/fail criteria;

1. Technical Acceptability/Capability.

Quote shall include a statement demonstrating the offeror’s capability to perform the required scope of work, including relevant experience for the same or similar services within the past two years and the offeror’s understanding of the requirement. The statement must not be a reiteration of the Statement of Work. Failure to address the full requirements of the Statement of Work will be considered a fail and the quote will not be accepted.

2. Past Performance.

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

3. Price.

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

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

RFO 52.237-1 Site Visit (Apr 1984) (Deviation Jan 2026) Offerors or quoters 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.

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 ronnie.nera@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.

(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 03/02/2026.

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

02/26/2026. 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).

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)

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)

3232 HUENEME ROAD

WAD-SAP

325 BROADWAY, SOU6

BOULDER CO 80305

1305M326Q0075

JAMIE ROSALES

WFO GUAM

96913

02/19/2026

03/02/2026 1200 MS

BARRIGADA

GU

1 38

1305M326Q0075 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 HVAC Preventative Maintenance Services at the Weather Forecast Office in Guam, in accordance with the Statement of Work.

Period of Performance 04/30/2026 through 04/29/2027.

Award Type: Firm-fixed-price Product/Service Code: J041

Option Year 1 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for HVAC Preventative Maintenance Services at the Weather Forecast Office in Guam, in accordance with the Statement of Work.

Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: J041 Period of Performance: 04/30/2027 to 04/29/2028

Option Year 2 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for HVAC Preventative Maintenance Services at the Weather Forecast Office in Guam, in accordance with the Statement of Work.

Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: J041 Period of Performance: 04/30/2028 to 04/29/2029

Option Year 3 Services, non-personal, to

Item Number Description Quantity Unit Unit Price Amount provide all labor, equipment and materials (unless otherwise provided herein) necessary for HVAC Preventative Maintenance Services at the Weather Forecast Office in Guam, in accordance with the Statement of Work.

Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: J041 Period of Performance: 04/30/2029 to 04/29/2030

Option Year 4 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for HVAC Preventative Maintenance Services at the Weather Forecast Office in Guam, in accordance with the Statement of Work.

Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: J041 Period of Performance: 04/30/2030 to 04/29/2031

Section III - Description/Specifications

STATEMENT OF WORK SOW

HVAC Preventative Maintenance for Weather Forecast Office Guam

BACKGROUND

National Weather Service Pacific Region Headquarters (NWS PRH) is seeking a contractor to provide monthly, quarterly, semi-annual, and annual air conditioning equipment maintenance for Weather Forecast Office Guam (WFO Guam). This preventative maintenance is essential in ensuring the HVAC equipment is functioning properly in support of WFO Guam operations and mission critical functions.

JOB DESCRIPTION

Provide monthly, quarterly, semi-annual, and annual preventive maintenance and emergency repair on the following HVAC units.

LOCATION OF EQUIPMENT

Weather Forecast Office Guam 3232 Hueneme Road Barrigada, GU 96913

DESCRIPTION OF EQUIPMENT

2 Ea. Stulz Precision Air Conditioning unit – PAC (Server room):

Model: CFD-035-D2A-0-010

SIN: 10341932

SIN: 10341931

2 Ea. Stulz Air Compressor unit (Outside):

Model: SCS-276-DSA

SIN: 10341946

SIN: 10341945

3 Ea. Heil System Air Handler Unit (Mechanical room):

Model: FHX091H2AA0AUAA (AHU 1-1)

SIN: U240320634

Model: FAS091MAAA0A0AA (AHU 1-2)

SIN: U213724660

Model: FAS150HAAA2AUAA (AHU 1-3)

SIN: U253907597

3 Ea. Heil System Air Compressor (Outside):

Model: CAS091HGA0A00A (ACCU 1-1)

SIN: C234410632

Model: CAS091HGA0A00A (ACCU 1-2)

SIN: C213293408

Model: CAS151HAA0A00A(ACCU 1-3)

SIN: C253810588

DESCRIPTION OF SERVICES:

MONTHLY PREVENTIVE MAINTENANCE SERVICE SHALL INCLUDE:

1. Reporting and Documentation

a. Provide a written monthly report identifying and detailing each of the inspection points below.

2. Air Quality and Filtration

a. Inspect, clean, and replace air filters when needed.

3. Mechanical System Checks

a. Oil and check damper operation.

b. Check oil level.

c. Grease and oil bearings.

d. Tighten belts. Indicate if belts are worn and in need of replacement.

4. Refrigerant System Checks

a. Check for visual refrigerant leaks, pipe corrosion, potential leaks, etc.

b. Use dye solution for sniffing refrigerant leaks (clarified from the quarterly list, but good for monthly spot checks).

c. Check refrigerant charge (notify if out of range).

d. Check and indicate suction pressure (notify if out of range).

e. Check and indicate head pressure (notify if out of range).

f. Check expansion valve operation.

g. Check and indicate Low side cutout (notify if out of range).

h. Check and indicate High side cutout (notify if out of range).

5. Coil and Drainage System

a. Clean condenser drip pan, strainer, and drain. Blowout any buildup.

b. Visually inspect evaporator coils (Air Handler Units) for excessive dirt or microbial growth.

c. Check and test the condensate drain line and/or condensate pump to ensure proper flow and prevent clogs.

6. Electrical and Motor Components

a. Inspect and tighten all electrical connections, including wiring, contactors, and relays, checking for wear or corrosion.

b. Measure and record the running amperage and voltage for all fan and compressor motors.

7. Control and Safety Systems

a. Check control operation.

b. Check and test thermostat and system sensor (e.g., supply/return air temperature) accuracy/calibration.

c. Address, investigate, and reset/correct any DDC control alarms or faults as needed. Provide a cost estimate for repair as needed to bring the DDC up to operation.

QUARTERLY PREVENTIVE MAINTENANCE SERVICE SHALL INCLUDE:

1. Reporting and Documentation

a. Provide a quarterly report identifying all maintenance completed and any DDC software updates provided or concerns for upgrades.

b. Notify Technical Point of Contact (TPOC) of any DDC control concerns or repairs in a written report explaining the operational functionality of the DDC system.

2. Coil Cleaning and Corrosion Control

a. Turn off the Air Handling Unit.

b. Spray condenser coils with a non-corrosive anti-bacterial solution compatible for cleaning coils, and spray water from the backside of coils to loosen debris and dirt. (Water and hoses will be managed as specified in the SOW).

c. Wipe and clean any patina corrosion on refrigerant piping leading into and out of the compressor, drier, along refrigerant lines, and anywhere on the coil, etc. (at joints and welds).

d. Use dye solution for sniffing refrigerant leaks.

3. Blower, Fan, and Drainage

a. Inspect and clean the blower wheel and motor housing in the Air Handler Units (AHUs) as necessary to maintain optimal airflow.

b. Thoroughly flush the entire condensate drain line and p-trap (beyond the monthly check of the pan and strainer) to completely clear buildup.

4. Electrical System and Safety Checks

a. Inspect and clean all accessible electrical contacts, relays, and starters for pitting or wear.

b. Check all safety cut-out switches (e.g., high/low pressure, freeze stat, excessive condensate) for proper function.

5. Direct Digital Control (DDC) System

a. Update DDC software with any current updates as required to ensure controllers are operating at their optimum level.

6. System Performance Testing

a. Run the system through all operational modes (e.g., cooling, fan-only) and verify temperature and humidity readings (temperature split) to confirm overall performance.

SEMI ANNUAL AND ANNUAL PREVENTATIVE MAINTENANCE SHALL INCLUDE:

1. Reporting and Documentation

a. Provide a comprehensive Annual and Semi-annual report. This report must include a summary of all readings (pressures, temperatures, voltages, amperages, CFMs) and recommendations for necessary repairs, maintenance procedures, and long-term equipment condition forecasts.

b. Provide recommendations for DDC software upgrades and associated costs.

c. Provide written records of all waste disposal to the National Weather Service (NWS) Facilities Engineering Branch.

2. System and Component Overhaul

a. Inspect and lubricate all accessible fan and motor bearings (beyond monthly/quarterly checks).

b. Inspect all belts and pulleys for wear and correct tension/alignment. Replace if necessary (beyond monthly check).

c. Inspect all piping and ductwork insulation for damage, which can lead to energy loss and condensate/mold issues.

d. Check fan and compressor for excessive vibration or noise, which could indicate failing bearings or misalignment.

3. Detailed Electrical System Service

a. Detailed inspection and cleaning of all motor contactors, relays, and main disconnect for pitting, wear, and proper operation.

b. Test all safety cut-out switches (e.g., high/low pressure, freeze stat, excessive condensate) for proper function.

c. Verify all electrical connections are tight and secure.

4. Refrigerant and Fluid Service

a. Perform a complete, pressure-based check of the entire refrigerant system for leaks and system integrity. (More intensive than visual/dye spot checks).

b. If applicable, perform a complete oil analysis and change the compressor oil.

5. Performance and Calibration

a. Update DDC software with any current updates as required to ensure controllers are operating at their optimum level (as specified in Quarterly, but is often a key annual check).

b. Check and calibrate all thermostats and system sensors (e.g., temperature and humidity) for accurate operation.

c. Perform a check of the overall system static pressure and airflow against design specifications.

d. Run the system through all operational modes and verify performance under varying loads to confirm efficiency.

SERVICES:

1. Shall be provided on a strict timely basis: monthly, quarterly, semi-annual and annual.

2. Maintain routine replacement parts (belts, oil, refrigerant, etc.)

3. Dispose of all waste oil, refrigerant, and filters in compliance with all Federal and State laws and regulations.

4. Discuss and investigate potential issues/complaints/concerns regarding the air conditioning performance with the occupants, WFO ESA and the NWS Facilities Engineer.

5. Provide emergency service, as required, between scheduled inspections. Emergency response time shall be within 4 hours of notification.

WRITTEN REPORTS:

1. Provide inspection reports after each inspection and include recommendations of necessary repairs and maintenance procedures.

2. Provide written records of all waste disposal to the National Weather Service (NWS) Facilities Engineering Branch.

3. Material Safety Data Sheets will be the responsibility of the contractor to provide to NWS for all materials and supplies supplied by the contractor, and shall be approved by NWS Facilities Engineer prior to application.

MAJOR REPAIRS:

Upon discovery of any major repairs required while performing routine maintenance and inspection work, the contractor's representative/technician shall make a report to the site manager or his representative. The contractor will submit a written quote for consideration prior to performing any work. Written quotes will be submitted to National Weather Service Pacific Region Headquarters, Facilities Engineering Chief, 1845 Wasp Boulevard, Bldg. 176 Honolulu, HI 96818. Additional work will be authorized by written notification from the Contracting Officer.

PERIOD OF PERFORMANCE:

Base year: April 30, 2026 – April 29, 2027 Option Period I: April 30, 2027 – April 29, 2028 Option Period II: April 30, 2028 – April 29, 2029 Option Period III: April 30, 2029 – April 29, 2030 Option Period IV: April 30, 2030 – April 29, 2031

POINTS OF CONTACT:

Will be provide a the time of award.

Contractor agrees to observe all Federal Holidays, and any other day off work designated by Federal Statute, Executive Order, or Presidential Proclamation.

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

If a holiday falls on a Saturday, for most Federal employees, the preceding Friday will be treated as a holiday for pay and leave purposes. (See 5 U.S.C. 6103(b).) If a holiday falls on a Sunday, for most Federal employees, the following Monday will be treated as a holiday for pay and leave purposes. (See Section 3(a) of Executive Order 11582, February 11, 1971.) See also our Federal Holidays – "In Lieu Of" Determination Fact Sheet at https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination.

https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination https://www.opm.gov/policy-data-oversight/pay-leave/work-schedules/fact-sheets/Federal-Holidays-In-Lieu-Of-Determination

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)

52.204-9 Personal Identity Verification of Contractor Personnel.

(JAN 2011)

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)

52.209-6

PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED. (JAN 2025) (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)

52.222-19 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)

52.222-41 Service Contract Labor Standards. (AUG 2018)

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

(Deviation JAN 2026)

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (JAN 2022)

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

52.223-12

MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF

REFRIGERATION EQUIPMENT AND AIR CONDITIONERS.

(MAY 2024) (Deviation JAN 2026)

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

(Deviation JAN 2026)

52.226-8 Encouraging Contractor Policies To Ban Text Messaging

Clause Number Clause Title While Driving. (MAY 2024)

52.232-18 Availability of Funds. (APR 1984)

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)

52.237-2 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)

52.244-6

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

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

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)

RFO 52.237-1 Site Visit (Apr 1984) (Deviation Jan 2026)

Offerors or quoters 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.

(End of provision)

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 ronnie.nera@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.

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 1352.215-72 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 02/26/2026. 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 Acting Branch Chief SAP Western Acquisitions Division 325 Broadway, SOU6 Boulder, CO 80305-3328

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Chad Hepp Director Western Acquisitions Division 325 Broadway, SOU6 Boulder, CO 80305-3328

(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.

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)

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

PREVENTION AND RESPONSE POLICY (MAY 2018)

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

(a) Definitions.

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

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

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

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

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

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

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

(b) Requirements.

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

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

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

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

5. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor’s written policy (where applicable).

6. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within [ ] business days (30 unless a different number is inserted) of contract award or the date a contractor employee is assigned to perform under the contract, as applicable.

Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion.

Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance.

7. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA’s Workplace Violence Program Manager. A link to the website including the required elements of the training is provided at https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed.

8. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training.

9. NOAA’s Workplace Violence Program Manager, COR, or CO may periodically review the contractor’s training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor.

10. Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of NAO 202-1106.

11. The contractor shall provide a copy of this solicitation and contract language and NAO 202-1106 to contractor employees.

(c) Sexual Assault/Sexual Harassment (SASH) Helpline.

For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee.

All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week. The NOAA SASH helpline is accessible through a variety of channels, including:

● Phone: 1-866-288-6558

● Website & Online Chat: https://www.noaasashhelpline.org/

● Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores)

● Text: (202) 335-0265

(d) Confidentiality.

Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. “Confidentiality” means that the information shall only be shared with others who have a need to know the information to conduct their official duties.

(e) Remedies.

In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in:

1. Requiring the contractor to remove a contractor employee or employees from the performance of the contract;

2. Requiring the contractor to terminate a subcontract;

3. Suspension of contract payments until the Contractor has taken appropriate remedial action;

4. Termination of the contract for default or cause, in accordance with the termination clause of this contract;

5. Suspension or debarment; or

6. Other appropriate action.

(End of solicitation and contract language)

NOAA Acquisition Manual 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2023)

The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232-25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)).

The Contractor must include the following documents as attachments to payment requests submitted through the IPP: [Contracting Officer list required invoice attachment(s); none if left blank].

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception.

(End of solicitation and contract language)

NOAA Acquisition Manual 1330-52.237-70 CONTRACTOR COMMUNICATIONS

(a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when:

● Included in NOAA’s locator, and

● When submitting any type of electronic correspondence to any NOAA employee or stakeholder.

(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.

(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.

(End of solicitation and contract language)

NOAA Acquisition Manual 1330-52.237-71 NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-

PERSONAL SERVICES CONTRACT (SEPT 2017)

(a) The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services as defined in FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

1. Be placed in a position where they are under relatively continuous supervision and control of a Government employee.

2. Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other contractors performing under other NOAA contracts.

(c) The services to be performed under this contract do not require the contractor or the contractor’s personnel to exercise personal judgment and discretion on behalf of the Government. Rather, the contractor’s personnel will act and exercise personal judgment and discretion on behalf of the contractor.

(d) Rules, regulations, directives, and requirements that are issued by the Department of Commerce and NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(e) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies:

1. The contractor shall notify the contracting officer in writing within 5 business days from the date of any situation or occurrence where the contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance.

2. The contracting officer will review the information provided by the contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the contractor. The contracting officer’s response will provide a decision on whether the contracting officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue.

(End of solicitation and contract language)

NOAA Acquisition Manual 1330-52.237-72 CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017)

(a)

1. The performance of this contract requires employees of the prime contractor or its subcontractors, affiliates, consultants, or team members (“contractor employees”) to have access to and to the extent authorized, mobility within, a NOAA facility.

2. NOAA may close and or otherwise deny contractor employees access to a NOAA facility for a portion of a business day or longer for various reasons including, but not limited, to the following events:

i. Federal public holidays for Federal employees in accordance with 5 U.S.C. 6103;

ii. Fires, floods, earthquakes, and unusually severe weather, including but not limited to snow storms, tornadoes, and hurricanes;

iii. Occupational safety or health hazards;

iv. Lapse in Appropriations; or

v. Federal Statute, Executive Order, Presidential Proclamation, or any other unforeseen reason.

3. In such events, the contractor employees may be denied access to a NOAA facility that is ordinarily available for the contractor to perform work or make delivery, as required by the contract.

(b) In all instances where contractors are denied access or required to vacate a NOAA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, either directly or through the COR, which could include continuing on-site performance during the NOAA facility closure period; however, if Government oversight is required and is not available, on-site performance shall not be allowed. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts, for example, performing required work off- site if possible or reassigning personnel to other activities if appropriate.

(c) The contractor shall be responsible for monitoring the Office of Personnel Management at opm.gov, the local radio, television stations, NOAA web sites, and other communication channels.