Sol_1305M326Q0160.pdf

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Janitorial Services for GLERL in Muskegon, MI
Solicitation number
1305M326Q0160
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About this file

This is a Request for Quotations (RFQ) for janitorial services at the Great Lakes Environmental Research Laboratory (GLERL) Lake Michigan Field Station in Muskegon, Michigan. Solicitation number 1305M326Q0160 is a small business set-aside (NAICS code 561720, size standard $22.0 million) with a base performance period from June 1, 2026, through May 31, 2027, plus four one-year option periods extending through May 31, 2031. The contractor must provide all labor, equipment, and materials to maintain three buildings totaling approximately 8,153 square feet, including offices, conference rooms, shop facilities, washrooms, and laboratory space. Services must be performed three times per week during business hours (Monday–Friday, 8:00 AM–4:00 PM) and include floor maintenance, dusting, interior window cleaning, washroom sanitization, waste removal, and inventory management of supplies. The government will furnish paper towels, toilet paper, and hand soap; the contractor must supply eco-friendly cleaning products from the EPA's List N. Quotations must be submitted via email to Jamie.Rosales@noaa.gov by 12:00 PM MST/MDT on May 14, 2026, and shall include monthly and annual pricing for the base and option years. Monthly invoicing in arrears will be processed through IPP.gov. Evaluation criteria are technical approach and capability (including experience and performance checklists), past performance (requiring at least two references from similar contracts within two years), and price, with non-price factors weighted as significantly more important than price.

The RFQ incorporates numerous federal clauses by reference, including Service Contract Act labor standards wage determination WD 2015-4861 (Revision 28, dated December 3, 2025), which establishes a janitor wage rate of $16.36 per hour plus fringe benefits totaling $5.55 per hour (or $5.09 under Executive Order 13706 for paid sick leave compliance). Additional mandatory requirements include compliance with Executive Order 14026 minimum wage provisions, paid sick leave under Executive Order 13706, contractor employee whistleblower protections, sexual assault and harassment prevention training, facility access restrictions, non-personal services contract terms, background checks and safety orientation for contractor employees, and FedConnect® system registration for contract administration. The government reserves the right to terminate for convenience or cause, award based on best value, and waive informalities in quotations. Award is anticipated on a firm-fixed-price basis with payment terms of Net 30.

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REQUEST FOR QUOTATIONS (RFQ)

Janitorial Services for GLERL in Muskegon, MI

(i) This is a request for quotations (RFQ) 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 1305M326Q0160 is issued as a request for quotations (RFQ), for Janitorial Services for GLERL in Muskegon, MI.

This acquisition is set-aside for small business concerns. The associated NAICS code is 561720. The small business size standard is $22.0 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 Janitorial Services at the Great Lakes Environmental Research Laboratory in Muskegon, MI, in accordance with the Statement of Work. Period of Performance 06/01/2026 through 05/31/2027.

CLIN 1001 – Option Year 1 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Janitorial Services at the Great Lakes Environmental Research Laboratory in Muskegon, MI, in accordance with the Statement of Work. Period of Performance 06/01/2027 through 05/31/2028.

CLIN 2001 – Option Year 2 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Janitorial Services at the Great Lakes Environmental Research Laboratory in Muskegon, MI, in accordance with the Statement of Work. Period of Performance 06/01/2028 through 05/31/2029.

CLIN 3001 – Option Year 3 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Janitorial Services at the Great Lakes Environmental Research Laboratory in Muskegon, MI, in accordance with the Statement of Work. Period of Performance 06/01/2029 through 05/31/2030.

CLIN 4001 – Option Year 4 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Janitorial Services at the Great Lakes Environmental Research Laboratory in Muskegon, MI, in accordance with the Statement of Work. Period of Performance 06/01/2030 through 05/31/2031.

(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 2015-4861, Revision No. 28, dated 12/03/2025, which can be found on:

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

INVOICES TO BE BILLED MONTHLY IN ARREARS VIA IPP. 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 06/01/2026 through 05/31/2027.

Option Period 1 for a twelve month period 06/01/2027 through 05/31/2028.

Option Period 2 for a twelve month period 06/01/2028 through 05/31/2029.

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

Option Period 3 for a twelve month period 06/01/2029 through 05/31/2030.

Option Period 4 for a twelve month period 06/01/2030 through 05/31/2031.

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:

Great Lakes Environmental Research Laboratory Lake Michigan Field Station 1431 Beach Street Muskegon, MI 49441

(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.

(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 via email to Jamie.Rosales@noaa.gov no later than 12:00 PM MST/MDT on 05/14/2026.

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.

(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.

(End) mailto:Jamie.Rosales@noaa.gov

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)

LAKE MICHIGAN FIELD STATION

1431 BEACH STREET

WAD-OAR

325 BROADWAY, SOU6

BOULDER CO 80305

1305M326Q0160

JAMIE ROSALES

GREAT LAKES ENV RES LAB

49441

05/04/2026

05/14/2026 1200 MD

MUSKEGON

MI

1 44

1305M326Q0160 BASE

Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses Section X - List of Attachments Section XI - Representations, Certifications, and Other Statements of Bidders

Representations, Certifications, and Other Statements of Bidders

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 Janitorial Services at the Great Lakes Environmental Research Laboratory in Muskegon, MI, in accordance with the Statement of Work. Period of Performance 06/01/2026 through 05/31/2027.

Award Type: Firm-fixed-price Product/Service Code: S201

Option Year 1 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Janitorial Services at the Great Lakes Environmental Research Laboratory in Muskegon, MI, in accordance with the Statement of Work.

Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: S201 Period of Performance: 06/01/2027 to 05/31/2028

Option Year 2 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Janitorial Services at the Great Lakes Environmental Research Laboratory in Muskegon, MI, in accordance with the Statement of Work.

Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: S201 Period of Performance: 06/01/2028 to 05/31/2029

Item Number Description Quantity Unit Unit Price Amount

Option Year 3 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Janitorial Services at the Great Lakes Environmental Research Laboratory in Muskegon, MI, in accordance with the Statement of Work.

Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: S201 Period of Performance: 06/01/2029 to 05/31/2030

Option Year 4 Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary for Janitorial Services at the Great Lakes Environmental Research Laboratory in Muskegon, MI, in accordance with the Statement of Work.

Award Type: Firm-fixed-price

(Option Line Item)

Product/Service Code: S201 Period of Performance: 06/01/2030 to 05/31/2031

Section III - Description/Specifications

STATEMENT OF WORK SOW

National Oceanic and Atmospheric Administration (NOAA) Great Lakes Environmental Research Laboratory (GLERL) Lake Michigan Field Station (LMFS) Muskegon, Michigan

BACKGROUND

NOAA GLERL's Lake Michigan Field Station (LMFS) is the home port for NOAA Great Lakes vessels, which operate throughout the Great Lakes. It is also home for the long-term observations research program on Lake Michigan.

The LMFS is strategically positioned on Lake Michigan to provide support to the local and regional community by further developing NOAA's role in freshwater ecology, ecosystems management, coastal management, and water-based commerce. This field station promotes long-term observations, field work, and process studies essential for understanding and developing future ecological services.

The LMFS comprises research laboratories, offices, and shop facilities for scientists, on-site boat captains, and management. Visiting scientists and various multi-disciplinary guests frequent the facility in support of GLERL and its partners.

SCOPE

The Contractor shall be responsible for satisfactorily managing and performing janitorial services at the GLERL LMFS in Muskegon, Michigan. The Contractor shall complete the specific and individual tasks as contained within this Statement of Work in order to enable the general public, official visitors, and staff to perform work in a safe, clean, and sanitary environment, reflective of a government facility.

There are three buildings at the LMFS and janitorial services are to be provided as follows:

Building 1 has three (3) levels and includes office space, a conference room and a basement. The main floor and second floor require cleaning; the basement does not require cleaning.

Building 2 has two (2) levels and the main floor comprises office space, a conference room, and a working tool shop/garage. The main floor requires cleaning; the second floor (upstairs) does not require cleaning.

Building 3 has one (1) level with office space, laboratory space and a garage. Cleaning services are to be performed in all of these spaces in this building.

The total cleanable space is approximately 8153 sq. ft. for all three buildings.

The Government will provide materials such as paper towels, toilet paper and hand soap.

The Contractor shall provide all machines and other materials needed to complete the work. The Contractor shall provide and use their own cleaning products. The cleaning products must be eco-friendly cleaning products and can be found on this EPA approved registered list List N: Disinfectants for Use Against SARS-CoV-2 (COVID-19) | US EPA The Contractor shall coordinate with the Government POC if cleaning supplies meeting these requirements are not obtainable or available.

https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2 https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2

The Contractor shall carefully complete all work, causing no damage to Government property or the worksite. If the Government determines that damage has been caused by the Contractor, the Contractor shall repair or replace to the Government’s satisfaction at no additional cost to the Government

SPECIFIC TASKS

1. The Contractor shall satisfactorily manage and perform cleaning as specified herein. The Contractor shall work closely with the Government Point of Contact (POC) to coordinate an adjusted cleaning schedule if needed.

2. The Contractor’s employees shall be subject to passing a background check and must complete a safety orientation training provided by GLERL’s safety officer on site before performing any work.

3. The Contractor shall contact the Government POC immediately as soon as becomes aware that the regular cleaner is not able to provide services in accordance with the frequencies stated within this Statement of Work.

4. The Contractor shall provide a backup cleaner when the regular employee is unable to provide services in accordance with the frequencies stated within this Statement of Work.

5. For any services not provided or not provided to the Government POC’s satisfaction, the

Contractor may be required to return to the site and rectify or the Government POC may reject or require the Contractor to prorate the invoice for services missed.

6. The Contractor shall perform all work during business hours Monday through Friday, 8:00am-

4:00pm and in coordination with the Government POC.

7. The Contractor shall perform cleaning year-round, every week, three (3) times per week.

8. The Contractor shall clean all rooms within the three (3) buildings as specified within this

Statement of Work, including maintenance of floors, dusting of surfaces, and interior window cleaning.

9. The Contractor shall maintain three (3) washrooms in Building 1, two (2) washrooms in Building

2, and one (1) washroom in Building 3. Maintenance of washrooms includes cleaning and sanitizing all washroom floors, sinks, and toilet bowls and all other surfaces.

10. The Contractor shall maintain the conference rooms in Buildings 1 and 2 by cleaning them once a week and shall work closely with the Government POC to coordinate an adjusted cleaning schedule to accommodate meeting and conference events. Maintenance of conference rooms includes floors, counter surfaces, tabletops, and interior windows. The Contractor shall work closely with the Government POC to coordinate an adjusted cleaning schedule to accommodate meeting and conference events.

11. The Contractor shall maintain entrance and common areas floors by sweeping and mopping.

12. The Contractor shall maintain an inventory of paper towels, toilet paper, and hand soap usage and in storage and notify the Government POC of inventory levels and when depletion requires replenishment.

13. The Contractor shall NOT clean the laboratory counter space because chemical interaction with cleaning products may cause issues.

TASK FREQUENCIES

The Contractor shall complete the cleaning in all buildings in accordance with the frequencies listed in this section.

a. Three times per week

1. Sweep all uncarpeted floors including entryways.

2. Vacuum all carpeted floor areas. Only Building 1 has carpeted areas and they include three (3) offices on the first floor and four (4) offices on the second floor.

3. Empty waste baskets and containers. Remove all refuse to outside containers. Replace plastic liners when soiled. In case of leakage, damp wipe receptacles to remove all residue.

4. Wet mop washroom floors with disinfectant solutions. Wash and clean washroom sinks, showers and mirrors. Wash, clean and disinfect toilets and urinals. Spot clean toilet enclosures, baseboards, pipes, sills, and walls. Refill soap containers, paper towels, and toilet tissue dispensers, ensuring paper towels and toilet tissue are stocked and available.

5. Clean light switches, door handles, and door keypads with sanitized wipes.

b. Once a week

1. Damp mop all uncarpeted floors including corridors and entryways using a detergent solution ensuring excess moisture is removed from the mop. Ensure proper wood floor cleaning is practiced for the wood floors in Building 1, using a microfiber pad or microfiber string mop and, only occasionally or as needed, use a light detergent spray. If a vacuum is used on a hardwood floor, it must be acceptable for use on hardwood (soft bristle, etc.).

2. General Dusting--counter tops, cobwebs on walls, etc.

c. Once a month

1. Clean interior windows in all rooms in which Contractor is required to clean, ensuring there are not streaks.

2. Clean window blinds in all rooms in which Contractor is required to clean.

INVOICING

The Contractor shall bill on a monthly basis in arrears via IPP.gov. The Government POC will verify performance and hours worked prior on all invoices.

FEDERAL HOLIDAYS

The 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.

PLACE OF PERFORMANCE

Great Lakes Environmental Research Laboratory Lake Michigan Field Station 1431 Beach Street Muskegon, MI 49441

PERFORMANCE PERIOD

Base Year for a twelve month period 06/01/2026 through 05/31/2027.

Option Period 1 for a twelve month period 06/01/2027 through 05/31/2028.

Option Period 2 for a twelve month period 06/01/2028 through 05/31/2029.

Option Period 3 for a twelve month period 06/01/2029 through 05/31/2030.

Option Period 4 for a twelve month period 06/01/2030 through 05/31/2031.

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)

52.208-9 Contractor Use of Mandatory Sources of Supply or Services. (MAY 2014) (Deviation JAN 2026)

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)

52.219-6 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)

52.223-1 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)

52.223-3 Hazardous Material Identification and Safety Data. (FEB 2021) (Deviation JAN 2026)

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

(MAY 2024)

52.223-23 Sustainable Products. (MAY 2024) (Deviation JAN 2026)

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

Clause Number Clause Title 52.232-18 Availability of Funds. (APR 1984)

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

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 April 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)

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®.

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. Once the facility is accessible, the contractor shall resume contract performance as required by the contract.

(d) For the period that NOAA facilities were not accessible to contractors who required access in order to perform the services, the contracting officer may—

1. Adjust the contract performance or delivery schedule for a period equivalent to the period the NOAA facility was not accessible;

2. Forego the work; or

3. Reschedule the work by mutual agreement of the parties.

(e) Notification procedures of a NOAA facility closure, including contractor denial of access, are as follows:

1. The contractor shall be responsible for notification of its employees of the NOAA facility closure to include denial of access to the NOAA facility. The dismissal of NOAA employees in accordance with statute and regulations providing for such dismissals shall not, in itself, equate to a NOAA facility closure in which contractors are denied access. Moreover, the leave status of NOAA employees shall not be conveyed or imputed to contractor personnel. Accordingly, unless a NOAA facility is closed and the contractor is denied access to the facility, the contractor shall continue performance in accordance with the contract.

2. Access to Government facilities and resources, including equipment and systems, will be limited and personnel necessary to administer contract performance may not be available. Generally, supply and service contracts that are funded beyond the date of the lapse in appropriation and do not require access to Government facilities, active administration by Government personnel or the use of Government resources in a manner that would cause the Government to incur additional obligations during the lapse in appropriation may continue. If a delivery date for a contract falls during the period of a lapse in appropriations, Government personnel may not be available to receive delivery. Contractors are directed to consult with a contracting officer before attempting to make a delivery. Contracting officers will be available throughout the lapse in appropriation period to provide guidance.

Once OMB guidance is given, CORs, in consultation with the contracting officer, will notify those contractors that are deemed by the Program Office to be performing excepted work and identify the contractor personnel requiring access to NOAA facilities. CORs will also coordinate directly with facility management or physical security personnel at respective locations to ensure that the names of contractor personnel requiring access to Government facilities during the lapse in appropriations are provided to physical security personnel.

Contractors who are not designated as performing excepted work are not allowed access to Government facilities or to utilize Government resources in a manner that would incur any additional obligation of funding on behalf of the Government during the lapse in appropriation.

3. Unless otherwise specified within the contract award, contractors requiring access to NOAA facilities outside normal business hours or outside the normal workweek shall submit a written request in writing through the COR to the contracting officer. The written request shall provide justification supporting the required access and be submitted [ ] hours/days (contracting officer insert number of days. If blank, 72 hours applies) before access to the NOAA facility is needed.

(End of solicitation and contract language)

RFO 52.212-4 Terms and Conditions-Commercial Products and Commercial Services. (NOV 2023) (Deviation JAN 2026)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.

3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives…

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