Sol_1305M326Q0416.pdf

COMBINED SYNOPSIS/SOLICITATION

Parking Lot Repairs, Morristown, TN WFO Service

THERE IS NO INCUMBENT; THIS IS A NEW REQUIREMENT.

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

Solicitation number 1305M326Q0416 is issued as a request for quotation (RFQ), to complete parking lot repairs. Work to be performed at the National Weather Service (NWS) Weather Forecast Office (WFO) in Morristown, TN, outlined in the attached Statement of Work. This acquisition is set-aside for small business concerns. The associated NAICS code is 238990. The small business size standard is $19.0M.

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

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

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

CLIN 0001 –

Services, non-personal, to provide all supervision, labor, tools, materials and equipment (unless otherwise provided herein) necessary to complete the parking lot repairs as per the attached Statement of Work (SOW) at the Morristown, TN Weather Forecast Office (WFO). The quoter shall provide all labor, supervision, materials, equipment, disposal, and incidentals necessary to complete the work.

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

See attached Statement of Work and Department of Labor Wage Determination: 2015-4645, Modification No. 28, dated 05/13/2026, which can be found on: https://sam.gov/content/wage-determinations

INVOICES TO BE BILLED IN ARREARS VIA IPP. QUOTE PRICING MAY BE PROVIDED ON

ATTACHED SF18 FORM OR ON COMPANY LETTERHEAD.

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

Period of performance shall be:

The period of performance for this contract shall not exceed sixty (60) calendar days from the date of award.

Place of Performance is National Weather Service Forecast Office (MRX) 5974 Commerce Boulevard Morristown, TN 37814-1051 Hamblen County

(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 in Section 5 Other Contract Terms and Conditions.

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

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

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

(End of provision)

A site visit is highly recommended but not required. Vendors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Please contact Allen.Adkins@Noaa.gov 423-586-4067 or Brian.Taylor@noaa.gov to set up a time to visit the site. All questions during the site visit should be submitted electronically to Casey.Keating@noaa.gov

(vi) A list of contract clauses that apply to the acquisition (see 12.205(b)) can be found on the Request for Quote Form SF18 attachment in Section 4 Contract Terms and Conditions.

(vii) Quotes are required to be received in the contracting office no later than 2:30 MT/MST on 08/19/2026. All quotes must be submitted electronically via email to casey.keating@noaa.gov.

THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES.

IT IS THE CONTRACTOR’S RESPONSIBILITY TO REQUEST AND RECEIVE A

CONFIRMATION OF THE QUOTE RECEIPT.

(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.

mailto:casey.keating@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)

5974 COMMERCE BLVD

(MORRISTOWN) TN

WAD-SAP

325 BROADWAY, SOU6

BOULDER CO 80305

1305M326Q0416

CASEY KEATING

578-2579

KNOXVILLE/TRI-CITIES WFO

37814

08/07/2026

08/19/2026 1430 MD

10/26/2026

MORRISTOWN

TN

NOTICE: THE GOVERNMENT DOES NOT ACCEPT

RESPONSIBILITY FOR NON-RECEIPT OF

QUOTES. IT IS THE CONTRACTOR’S

RESPONSIBILITY TO REQUEST A CONFIRMATION

OF THE QUOTE RECEIPT.

UNIQUE ENTITY ID ______________________

CAGE CODE ____________

OFFEROR MAY SUBMIT THE QUOTE ON THIS

SF-18 FORM OR THEIR OWN COMPANY FORM.

QUOTES WILL BE EVALUATED BASED ON (RFO

52.212-2) IN ATTACHED CLAUSES &

Continued...

1 33

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

1305M326Q0416

PROVISIONS. VENDORS WHO DO NOT PROVIDE ALL

EVALUATION CRITERIA WILL NOT BE ACCEPTED.

THE OFFEROR MUST BE CURRENTLY REGISTERED IN THE

SYSTEM FOR AWARD MANAGEMENT (SAM) TO BE

ELIGIBLE FOR AN AWARD.

QUOTES RECEIVED FROM CONTRACTORS WHO ARE NOT

ACTIVE IN SAM WILL NOT BE CONSIDERED.

TOTAL SMALL BUSINESS SET-ASIDE, FIRM-FIXED

PRICE PURCHASE ORDER TO BE AWARDED TO THE LOW

PRICED, TECHNICALLY ACCEPTABLE QUOTE.

WAGE DETERMINATION 2015-4645 REV 28 DATED

05/13/2026 IS APPLICABLE TO THIS RFQ.

0001 Services, non-personal, to provide all supervision, labor, tools, materials and equipment (unless otherwise provided herein) necessary to complete the parking lot repairs as per the attached Statement of Work (SOW) at the Morristown, TN (MRX) Weather Forecast

Office (WFO). This is to provide proper protection to the vehicles, equipment, and staff.

Product/Service Code: Z1AA

1305M326Q0416 BASE

Section 2 - Combined Synopsis/Solicitation Section 3 - Line Items and Attachments Section 4 - Contract Terms and Conditions Section 5 - Other Contract Terms and Conditions Section 6 - Instructions to Offerors Section 7 - Evaluation

Section 2 - Combined Synopsis/Solicitation

Statement of Work SOW

1.0 GENERAL

1.1 BACKGROUND

The National Weather Service (NWS) Weather Forecast Office (WFO) located in Morristown, TN (MRX) has a requirement for pavement sealcoating, hot tar crack sealing, and re-striping of its existing parking lot.

This work was performed years ago, and now the area is now showing exposed cracks which will allow water and ice to penetrate the surface and cause future damage to the surface and settlement underneath the surface. Re-striping is necessary after sealcoating the surface.

This site’s work area is the existing asphalt pavement. Sealcoating acts as a preventative maintenance measure, extending the lifespan of pavement and helps reduce or avoid major and costly repairs down the line.

Re-striping defines clearly marked parking spaces, ensures adherence to Federal Laws (ADA Accessibility Standards), optimizes parking capacity, defines no parking areas, enhances curb appeal and improves parking lot traffic flow.

1.2 SCOPE

The scope of service includes approximately 1500 lf of crack repair, cleaning and sealcoating approximately 20,000 sq ft of asphalt pavement surface, and re-striping of the parking lot.

¿ This includes all areas of asphalt pavement on property; entryway, main parking lot in front of building and road into fenced NEXRAD compound.

¿ Approximately thirty-five (35) parking spots are required to be re-striped, including two (2) blue handicap markings on the pavement.

1.3 OBJECTIVE

The objective of sealcoating the pavement is to seal the entire parking lot with 2 coats of Gem Seal Premium Sealcoat (or equivalent) to protect the asphalt pavement, extend pavement lifespan, and enhance appearance.

The objective of parking lot restriping is to re-establish the existing parking lot layout. All pavement striping shall be 4 inches in width.

1.4 APPLICABLE DOCUMENTS

1.4.1 Compliance Documents

The following documents provide specifications, standards, or guidelines that must be complied with in order to meet the requirements of this contract:

• 29 CFR 1910, Occupational Safety and Health Standards (Occupational Safety and Health Administration 1970)

1.4.2 Reference Documents

None provided.

2.0 SPECIFIC REQUIREMENTS/TASKS

All prospective bidders are encouraged to request a site visit to clarify the actual scope of work to be performed under this contract. Failure of a bidder to arrange a site visit shall not constitute grounds for a later claim against the Government. A pre-proposal site visit to the location is encouraged, but NOT a requirement in order to respond to this request for proposal. Any contractor request for a site visit must be coordinated in advance with the Government by contacting the Contracting Officer (CO) directly. The CO will notify the Technical Point of Contract (TPOC). The TPOC will coordinate a site visit for prospective bidders with the Local Point of Contact (LPOC).

The contractor and/or subcontractor shall exhibit proof of previous experience performing equivalent work with a minimum of two (2) projects in their bid proposal package. Contractors shall be licensed and insured to perform this type of work.

The contractor shall evaluate existing conditions on-site prior to any work being performed. The contractor is to perform a visual inspection of all site conditions prior to the start of work; field verification will take precedence over any discrepancy within the Statement of Work. The TPOC and/or LPOC is to be contacted and briefed prior to starting any work. The contractor is not to make any modifications to Government owned equipment under this contract without advance approvals.

The contractor shall provide the labor, tools, supplies, materials, transportation, services, and supervision required to perform all work outlined in this Statement of Work (SOW).

If there are discrepancies in this document, the Contractor shall ask for clarification from the TPOC prior to bid. If no clarification is requested, the CO’s judgement shall rule.

The contractor shall discuss their sequence of work with the TPOC and LPOC to avoid any disruptions during their planned work. The LPOC will initiate internal notifications to building occupants and those affected by any planned tasks.

The NWS has no designated area to store any hazardous or flammable chemicals or materials used in the course of the contractor’s work tasks and these are not to be stored on site.

The contractor shall clean up all work areas at the end of each day.

2.1 TASK ONE: ASPHALT CLEANING and SURFACE PREPARATION

The contractor shall:

1. Clean asphalt and cracks of debris that will impede the curing of the sealer. Use of air blowers and power brooms is acceptable.

2. Remove all old loose chipping paint (prior to any sealcoating and repainting tasks).

3. All parking curbs must be removed to seal underneath.

4. Asphalt must be free of debris before sealcoating to ensure proper material adherence.

2.2 TASK TWO: CRACK REPAIR

The contractor shall:

1. Pretreat large linear cracks wider than ¼” with hot pour crack sealant.

2. The melting kettle shall be of the double boiler, indirect heating type, thermostatically controlled using oil as a heat transfer. The sealing material shall be agitated to prevent overheating. The sealing compound shall be a rubberized-asphalt non-tracking hot-pour type conforming to the following specifications: Federal Specification 3405 - ASTM D-1190-70.

2.3 TASK THREE: SEALCOATING APPLICATION

The contractor shall:

1. Thoroughly clean the area using a sweeper truck, air blowers, and power brooms to remove accumulations of dust, dirt, loose aggregate, stone and other foreign material.

2. Treat oil and gas accumulations with prep-seal.

3. Apply products when temperatures are anticipated to be above 50 degrees for a 24-hour period.

4. Mix sealer and sand thoroughly with a mechanical agitator to prevent sand from settling on the bottom of the container.

5. Apply each coat as a slurry composed of a commercial grade sealer combined with clean dried sand;

use a minimum of 2 to 4 lbs of silica sand per gallon of undiluted sealer concentrate.

¿ use clean, washed, angular silica sand, avoid sands with contaminants like iron, metals, clay, or trash.

¿ normal textured pavements: 2 to 2.5 lbs per gallon of undiluted sealer.

¿ rougher pavements: 4 to 4.5 lbs per gallon of undiluted sealer, to properly texture and fill the surface profile.

¿ light traffic areas: lower end of the range, such as 2 pounds of sand per gallon, may be suitable.

higher traffic areas: use a higher sand loading, 2 to 4 lbs per gallon for increased durability.

6. Add a 2% latex rubber solution to each gallon of sealer to increase the wearing characteristics of the sealcoat.

7. Apply coating to the pavement using squeegees. Note: one (1) coat hand applied is usually thicker than 3 to 4 coats sprayed.

8. Apply one (1) to two (2) coats of rubberized asphalt emulsion sealer to the pavement.

¿ Two (2) coats are recommended for optimum results; multiple thin coats are generally better than one

(1) thick coat in order for the material to cure, move evenly and avoid puddling.

¿ In some cases, a single (1) thick coat with high solid content may be sufficient.

¿ High traffic areas benefit from two (2) coats for enhanced protection, traction, and aesthetics of an even surface coating.

9. Use caution when applying sealcoat adjacent to curbs, sidewalks, concrete aprons, fences and other appurtenances; take care of these specific areas using special tools, and clean any spillage outside the intended surface.

10. Consult sealcoat manufacturer’s guidelines for their recommended sand quantities and mixing procedures.

2.4 TASK FOUR: RESTRIPING

The contractor shall:

1. Restripe the parking areas and all pavement markings as currently configured.

2. Re-stripe all areas after sealcoating has cured completely.

3. Use a line striping machine for precision and consistency to create straight lines.

4. Use spray guns to re-establish symbols when using stencils.

2.5 TASK FIVE: SET-UP BARRICADES

The contractor shall:

1. Use appropriate measures to block the treated parking areas from traffic when finished. Roadways, turnarounds and parking areas generally require 12-24 hours to dry before vehicles can drive on them.

2. Re-install parking curbs after the sealcoating has fully cured.

3. Clean up the worksite and review all work performed with the Government site manager.

3.0 CONTRACTOR PERSONNEL

3.1 QUALIFIED PERSONNEL

The Contractor shall provide qualified personnel to perform all requirements specified in this SOW. All service personnel shall be trained in the proper application of products and follow manufacturer directions.

3.2 PROJECT MANAGER

The Contractor shall provide a Project Manager who shall be responsible for all Contractor work performed under this SOW. The Project Manager shall be a single point of contact for the Technical Point of Contact (TPOC).

3.3 EMPLOYEE IDENTIFICATION

Contractor employees visiting Government facilities shall wear an identification badge that, at a minimum, displays the Contractor name, the employee’s photo, the employee’s name, and badge expiration date. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractor employees when their status is not readily apparent and shall display all identification and visitor badges in plain view above the waist at all times.

3.4 EMPLOYEE CONDUCT

Contractor’s employees shall comply with all applicable Government regulations, policies, and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, etc.)

when visiting or working at Government facilities. The Project Manager shall ensure Contractor employees understand and abide by Department of Commerce (DOC) established rules, regulations and policies concerning safety and security.

3.5 REMOVING EMPLOYEES FOR MISCONDUCT OR SECURITY REASONS

The Government may, at its sole discretion (in coordination with the CO where practical), direct the Contractor to remove any Contractor employee from DOC facilities for misconduct or security reasons.

Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract. The CO will provide the Contractor with a written explanation to support any request to remove an employee.

4.0 OTHER APPLICABLE CONDITIONS

4.1 PERIOD OF PERFORMANCE

The period of performance for this contract shall not exceed sixty (60) calendar days from the date of award.

4.2 PLACE OF PERFORMANCE

The primary place of performance will be the Department of Commerce at:

National Weather Service Forecast Office (MRX) 5974 Commerce Boulevard Morristown, TN 37814-1051 Hamblen County

Service Contract Labor Standards (SCLS) Act applies and is the contractor’s responsibility to be in compliance.

4.3 HOURS OF OPERATION

Contractor employees shall generally perform all work between the hours of 8:00 AM and 5:00 PM local time, Monday through Friday (except Federal holidays).

4.4 FEDERAL HOLIDAY SCHEDULE

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

4.5 GOVERNMENT POINT OF CONTACT

TBD

5.0 GOVERNMENT TERMS & DEFINITIONS

CFR Code of Federal Regulations CO Contracting Officer DOC Department of Commerce LOTO lockout / tagout LPOC Local Point of Contact NEXRAD Next Generation Weather Radar NOAA National Oceanic and Atmospheric Administration NWS National Weather Service SOW Statement of Work TPOC Technical Point of Contact UAIB Upper Air Inflation Building

6.0 GOVERNMENT FURNISHED RESOURCES

The Government will provide the Contractor with access to the job site as necessary for performance of the work.

7.0 CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all materials, equipment, and services necessary to fulfill the requirements of this contract, except for the Government Furnished Resources specified in this SOW.

8.0 GOVERNMENT ACCEPTANCE PERIOD

8.1 The TPOC will review deliverables prior to acceptance and provide the Contractor with notification via electronic mail that provides documented reasons for non-acceptance.

8.2 The TPOC will have the right to reject or require correction of any deficiencies found in the deliverables that are contrary to the information contained in the Contractor’s accepted proposal. In the event of a rejected deliverable, the Contractor will be notified in writing of the specific reasons for rejection.

8.3 The TPOC will have three (3) business days to review deliverables and make comments. The Contractor shall have seven (7) business days to make corrections and redeliver.

9.0 DELIVERABLES

The Project Manager shall provide a service report to the TPOC via electronic mail. This report shall include a summary of all Contractor work performed including photographic documentation of completed work, warranty information, and any Contractor concerns or recommendations.

Deliverable Due Date/First Instance Due Recurring

Section 3 - Line Items and Attachments

List of Line Items

Item Number Description Quantity Unit Unit Price Amount

Services, non-personal, to provide all supervision, labor, tools, materials and equipment (unless otherwise provided herein) necessary to complete the parking lot repairs as per the attached Statement of Work (SOW) at the Morristown, TN (MRX) Weather Forecast Office (WFO). This is to provide proper protection to the vehicles, equipment, and staff.

Product/Service Code: Z1AA

List of Attachments

Attachment Number Title

1 1305M326Q0416 Wage Determination

Section 4 - Contract Terms and Conditions

FAR 52.222-3 Convict Labor. (JUN 2003)

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

FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (AUG 2018)

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

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

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

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

RFO 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(JAN 2017)

RFO 52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

RFO 52.204-13 System for Award Management-Maintenance. (OCT 2018) (Deviation JAN 2026)

RFO 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) (Deviation JAN 2026)

RFO 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020) (Deviation JAN 2026)

RFO 52.222-19 Child Labor-Cooperation with Authorities and Remedies. (JAN 2025) (Deviation JAN 2026)

RFO 52.222-50 Combating Trafficking in Persons. (OCT 2025) (Deviation JAN 2026)

RFO 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. (MAY 2024) (Deviation JAN 2026)

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

RFO 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2024)

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

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

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

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

RFO 52.233-3 Protest after Award. (AUG 1996) (Deviation JAN 2026)

RFO 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) (Deviation JAN 2026)

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

RFO 52.240-91 Security Prohibitions and Exclusions. (Deviation JAN 2026)

RFO 52.244-6 Subcontracts for Commercial Products and Commercial Services. (OCT 2025) (DEVIATION April 2026)

DEPARTMENT OF COMMERCE CLAUSES FULL TEXT INFORMATION

FOR FULL TEXT OF COMMERCE ACQUISITION CLAUSES OR PROVISIONS YOU MAY TO GO THE

FOLLOWING WEBSITE:

http://www.ecfr.gov/cgi-bin/textidx?

sid=2d08a6e69af3b9bb1a7be4eae370d256&c=ecfr&tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl#1300

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…