Sol_1305M326Q0313.pdf
PDF 410 KB Posted
- Attached to
- RFQ Stairway Replacement
- Solicitation number
- 1305M326Q0313
- Issued by
- Galveston County, Garland City, Texas
About this file
Summary
This is a Women-Owned Small Business (WOSB) solicitation and contract document issued by the National Oceanic and Atmospheric Administration (NOAA) for stairway replacement work at the Southeast Fisheries Science Center (SEFSC) in Galveston, Texas. The project involves awarding a firm-fixed-price contract to replace failing exterior stairways on two Galveston buildings, with two stairways per building, in accordance with the provided Statement of Work. A mandatory site visit has been scheduled for Friday, July 24, 2026, from 9:00 AM to 12:00 PM Central Daylight Time at 4700 Avenue U, Galveston, Texas 77551. Written questions regarding the solicitation must be submitted by Tuesday, July 28, 2026, at 1:00 PM Eastern Time to Madison Vogeler and Aakanksha Bhargava. Quotations are due electronically by July 21, 2026, at 1:00 PM, and the contract period of performance is August 17, 2026, through March 16, 2027. Award is anticipated for August 4, 2026.
This solicitation is set aside as a total small business set-aside under NAICS code 236220 (Commercial and Institutional Building Construction), with a small business size standard of $19 million. A bid guarantee of 50 percent of the bid price or $150,000, whichever is less, is required, along with performance and payment bonds at 100 percent of the original contract price upon award. The contract requires compliance with Davis-Bacon Act wage determination TX20260248 and the Buy American statute for construction materials. Offerors will be evaluated on technical approach and capability, price, and past performance. Electronic payment requests must be submitted through the U.S. Department of Treasury's Invoice Processing Platform System (IPP), and the contractor must maintain FedConnect registration for contract administration. The contract incorporates numerous federal acquisition regulations and NOAA-specific provisions addressing sexual harassment prevention, facility access, contractor communications, and non-personal services relationships.
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WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3.AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
. YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.
FAR 52.212-3 AND 52.212-5 ARE ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
DATED.
OFFER
ADDENDA
ADDENDA
1305M326Q0313
SE FISHER SCIENCE CTR/F/SEC
75 VIRGINIA BEACH DRIVE
MIAMI FL 33149
WAD-SAP
7600 Sand Point Way NE
SEATTLE WA 98115
WAD-SAP
7600 Sand Point Way NE
SEATTLE WA 98115
08/04/2026 1300 ED
143031-26-0089
MADISON VOGELER
WAD-SAP-S 100.00
WAD-SAP-S
AAKANKSHA BHARGAVA
236220
$45
07/21/2026
FN700023
1. Federal Acquisition Circular (FAC) 2025-06, applies to this acquisition
2. This requirement is set aside for Small
Businesses under NAICS: 236220
Continued...
STOCK RECORD (S/R)
STANDARD FORM 1449 (REV. 11/2021) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
ACCEPTED,
3. Quote Submissions and Due Date. IAW RFO FAR
Provision 52.212-1 of this RFQ, quotations shall be submitted electronically, via email, directly to madison.vogeler@noaa.gov and aakanksha.bhargava@noaa.gov no later than the date and time specified in Page 1, Block 8 of the SF 1449.
4. Bonding. A Bid Guarantee is required. Both
Performance and Payment Bonds will be required after award of contract. Additional information can be found in FAR 52.228-1 and 52.228-15 of this solicitation.
5. Liquidated Damages. Not applicable
6. Davis Bacon Act Wage Determination.
Attachment 2-DBA #TX20260248, Modification # 1
7. Solicitation instructions and evaluation criteria for quotations can be found at the following provisions in this RFQ: RFO FAR
52.212-1 and 52.212-2. 10.
8. The Statement of Work (SOW), appropriate DBA
WD, and the past performance questionnaire are provided as attachments to this solicitation.
Period of Performance: 08/17/2026 to
03/16/2027
Continued...
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES
NAME OF OFFEROR OR CONTRACTOR
SUPPLIES/SERVICES
(B)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
OPTIONAL FORM 336 (4-86)
Sponsored by GSA FAR (48 CFR) 53.110
ITEM NO.
(A)
QUANTITY
(C)
NSN 7540-01-152-8067
0001 Award contract to replace failing exterior stairways on two Galveston buildings; two stairways on each building IAW the Statement of
Work (SOW).
Product/Service Code: Z2AA
1305M326Q0313 BASE
Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses Section X - List of Attachments Section XII - Instructions, Conditions, and Notices
Section II - Supplies or Services and Price/Costs
CLIN List
Item Number Description Quantity Unit Unit Price Amount
Award contract to replace failing exterior stairways on two Galveston buildings; two stairways on each building IAW the Statement of Work (SOW).
Award Type: Firm-fixed-price Product/Service Code: Z2AA Requisition No: 143031-26-0089
Section III - Description/Specifications
Site Visit
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.
No questions will be answered on site; if you have any further questions or concerns regarding the solicitation or general contract questions you may contact Madison Vogeler and Aakanksha Bhargava at madison.vogeler@noaa.gov and aakanksha.bhargava@noaa.gov.
A time for the site visit for interested offerors has been scheduled for Friday, July 24, 2026 from 9 am - 12 pm Central Daylight Time. The site visit will take place on location at:
Southeast Fisheries Science Center 4700 Avenue U Galveston, Texas 77551
The contacts for the site visit will be Matthew Johnson and Philip Kopp.
Email: matthew.johnson@noaa.gov Telephone: (409) 209-9085
Email: philip.kopp@noaa.gov Telephone: (409) 209-2260
Inquiries
Offerors must submit all questions concerning this solicitation in writing to both Madison Vogeler and Aakanksha Bhargava at madison.vogeler@noaa.gov and aakanksha.bhargava@noaa.gov. Questions should be received no later than Tuesday, July 28 at 1:00 pm Eastern Time. 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.
mailto:matthew.johnson@noaa.gov mailto:philip.kopp@noaa.gov
Section IX - Contract Clauses
Clauses Incorporated by Reference Clause Number Clause Title
52.222-9 Apprentices and Trainees (JUL 2005) (DEVIATION FEB 2025)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)
52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)
52.204-9 Personal Identity Verification of Contractor Personnel.
(JAN 2011)
52.204-10
REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER
SUBCONTRACT AWARDS. (JUN 2020) (Deviation JAN 2026)
52.204-13 SYSTEM FOR AWARD MANAGEMENT-MAINTENANCE.
(OCT 2018) (Deviation JAN 2026)
52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)
52.209-6
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)
52.222-3 Convict Labor. (JUN 2003)
52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014)
52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS. (AUG
2018) (Deviation JAN 2026)
52.222-7 Withholding of Funds. (MAY 2014) 52.222-8 Payrolls and Basic Records. (JUL 2021)
52.222-10 Compliance With Copeland Act Requirements. (FEB 1988)
52.222-11 SUBCONTRACTS (LABOR STANDARDS). (MAY 2014)
(Deviation JAN 2026)
52.222-12 Contract Termination - Debarment. (MAY 2014)
52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)
52.222-14 Disputes Concerning Labor Standards. (FEB 1988) 52.222-15 Certification of Eligibility. (MAY 2014)
52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND
Clause Number Clause Title REMEDIES. (JAN 2025) (Deviation JAN 2026)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (JUN 2020)
(Deviation JAN 2026)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES.
(JUN 2020) (Deviation JAN 2026)
52.222-37 EMPLOYMENT REPORTS ON VETERANS. (JUN 2020)
(Deviation JAN 2026)
52.222-50 COMBATING TRAFFICKING IN PERSONS. (OCT 2025)
(Deviation JAN 2026)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (JAN 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)
52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) (DEVIATION April 2026)
52.223-23 Sustainable Products. (MAY 2024) ((DEVIATION Jan 2026))
52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving. (MAY 2024)
52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) 52.228-2 Additional Bond Security. (OCT 1997)
52.228-5 Insurance - Work on a Government Installation. (JAN 1997)
52.228-11 Individual Surety-Pledge of Assets. (FEB 2021) 52.228-14 Irrevocable Letter of Credit. (NOV 2014)
52.232-5 Payments Under Fixed-Price Construction Contracts.
(MAY 2014)
52.232-23 Assignment of Claims. (MAY 2014) 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)
52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)
52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)
52.233-1 DISPUTES. (MAY 2014) (Deviation JAN 2026)
52.233-3 PROTEST AFTER AWARD. (AUG 1996) (Deviation JAN 2026)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM.
(OCT 2004) (Deviation JAN 2026)
52.236-2 DIFFERING SITE CONDITIONS. (APR 1984) (Deviation JAN 2026)
52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE
WORK. (APR 1984) (Deviation JAN 2026)
52.236-5 MATERIAL AND WORKMANSHIP. (APR 1984) (Deviation
JAN 2026)
52.236-7 PERMITS AND RESPONSIBILITIES. (NOV 1991) (Deviation
JAN 2026)
Clause Number Clause Title 52.236-8 OTHER CONTRACTS. (APR 1984) (Deviation JAN 2026)
52.236-9
PROTECTION OF EXISTING VEGETATION, STRUCTURES,
EQUIPMENT, UTILITIES, AND IMPROVEMENTS. (APR
1984) (Deviation JAN 2026)
52.236-10 OPERATIONS AND STORAGE AREAS. (APR 1984)
(Deviation JAN 2026)
52.236-12 CLEANING UP. (APR 1984) (Deviation JAN 2026)
52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS. (Deviation
JAN 2026)
52.242-14 Suspension of Work. (APR 1984)
52.243-5 CHANGES AND CHANGED CONDITIONS. (APR 1984)
(Deviation JUN 2025)
52.244-6
SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES. (OCT 2025) (Deviation JAN 2026)
52.249-1 Termination for Convenience of the Government (Fixed- Price) (Short Form). (APR 1984) - Alternate I (APR 1984)
52.249-10 Default (Fixed-Price Construction). (APR 1984)
52.253-1 Computer Generated Forms. (JAN 1991) (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)
DOC 2026 REAL ID ENFORCEMENT REAL ID Act Enforcement
As of January 1, 2026, all Department of Commerce–owned or leased facilities will only accept a REAL ID-compliant form of identification. Visitors with state-issued identification must now present a REAL ID or a different form of government-issued photo identification, such as: A passport, an Enhanced Driver's License, or a federal employee, military, or veteran identification card (this list is not all-inclusive).
Additional information about the Department’s implementation plan may be found at https://www.commerce.gov/OSY/REAL-ID .
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 1352.246-70 Place of acceptance. (APR 2010)
(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.
(b) The place of acceptance will be:
NMFS Southeast Fisheries Science Center (SEFSC) 4700 Avenue U Galveston, Texas 77551
(End of clause)
CAR 1352.270-70 Period of performance. (APR 2010)
(a) The base period of performance of this contract is to be determined at the time of award.
(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 30 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: A detailed invoice with dates, work completed, and an estimated percentage of overall project completion. .
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 72 hours 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)
NOAA Acquisition Manual 1330-52.243-70 REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)
(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the contractor believes the Government is liable. The request shall include only costs for performing the change. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.
(b) Any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the contractor:
I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.
(Official’s Name)
(Title)
(c) The certification in paragraph (b) of this solicitation and contract language requires full disclosure of all relevant facts, including:
1. Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and
2. Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.
(d) The certification requirement in paragraph (b) of this solicitation and contract language does not apply to:
1. Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or
2. Final adjustments under an incentive provision of the contract.
(End of solicitation and contract language)
RFO 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JAN 2025) (Deviation
JAN 2026)
(a) Definitions. As used in this clause-
Long-term contract means a contract of more than five years in duration, including options.
However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern-
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was a small business concern, a small disadvantaged business concern, or a joint venture that was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(d) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [ ] assigned to contract number [ ].
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.
(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture.
The Contractor represents that it [ ] is,[ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]
(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]
(6) HUBZone joint venture eligible under the HUBZone Program.[ Complete only if the offeror is a HUBZone small business concern. ] The offeror represents, as part of its offer, that It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture must be certified as a HUBZone concern. [Contractor to sign and date and insert authorized signer's name and title.______________________]
(End of clause)
RFO 52.225-9 BUY AMERICAN - CONSTRUCTION MATERIALS. (OCT 2022) (Deviation JAN 2026)
(a) Definitions. As used in this clause-
Commercially available off-the-shelf (COTS) item-
(1) Means any item of supply (including construction material) that is-
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies.
However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.
Cost of components means-
(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.
Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.
Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.
Domestic construction material means-
(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured construction material mined or produced in the United States; or
(ii) A construction material manufactured in the United States, if-
(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or
(B) The construction material is a COTS item; or
(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".
Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.
Foreign construction material means a construction material other than a domestic construction material.
Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
"United States" means the 50 States, the District of Columbia, and outlying areas.
(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.
(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:
none
(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-
(i) The cost of domestic…
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