Sol_1305M427Q0003.pdf
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- US Space Economy Study
- Solicitation number
- 1305M427Q0003
About this file
This is a Request for Quotations (RFQ) for a firm fixed-price contract to conduct a comprehensive study on the U.S. space economy. The solicitation number is 1305M427Q0003, issued by the Office of Space Commerce (OSC) within the Department of Commerce on October 9, 2026, with Phase I submissions due by 9:00 AM ET on October 16, 2026. The contract is designated as a total small business set-aside under NAICS code 541720 (Research and Development in the Social Sciences and Humanities) with a $28.0 million size standard. The base performance period shall not exceed 180 calendar days from the date of award, with a product/service code of R422.
The primary deliverable is to identify and justify a defined set of metrics that support recurring federal assessment and provide policymakers with sustained insight into the U.S. commercial space ecosystem's growth, health, competitiveness, resilience, and emerging challenges. The solicitation employs a two-phase advisory down-select evaluation process. Phase I requires submission of a cover page, Volume 1 (Domain Knowledge—2 pages), and Volume 2 (Key Personnel—2 pages, exclusive of resumes and commitment letters). Phase II, for selected quoters, requires Volume 3 (Technical Approach), Volume 4 (Past Performance References), and Volume 5 (Pricing with detailed breakdown by labor categories, hours, rates, and other direct costs). Quotations must include a Data Management Plan complying with NAM clause 1330-52.227-70. Evaluation will use confidence ratings (High, Some, Low, and Neutral) across factors with Domain Knowledge and Key Personnel being equally weighted and most important, followed by Technical Approach, then Past Performance. All non-price factors combined are significantly more important than price. Quotes must remain valid for a minimum of 30 days from receipt. Delivery is FOB destination to the Office of Space Commerce in Washington, DC. The Government reserves the right to award to the quoter with greater non-price merit even at a higher price, provided the price premium is justified by non-price advantages.
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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
1305M427Q0003
DEPUTY UNDER SECRETARY
1401 CONSTITUTION AVE NW
ROOM 5810/DUS
WASHINGTON DC 20230
CSAD-Staff Office Support
1325 EAST WEST HWY
SSMC2, RM 11323
SILVER SPRING MD 20910
CSAD-Staff Office Support
1325 EAST WEST HWY
SSMC2, RM 11323
SILVER SPRING MD 20910
10/16/2026 0900 ED
VIRGINIA SCOTT
CSAD-SOS 100.00
CSAD-SOS
VIRGINIA SCOTT
541720
$28
10/09/2026
AA100024
0001 US Space Economy Study
The period of performance for this contract shall not exceed 180 calendar days from the date of award.
Product/Service Code: R422
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,
000101 Optional Assessment Areas
Supply Chain, Industrial Capacity, and
Infrastructure:
(Option Line Item)
Anticipated Exercise Date: 0
Product/Service Code: R422
000102 Optional Assessment Areas
Innovation and Commercialization
(Option Line Item)
Anticipated Exercise Date: 0
Product/Service Code: R422
000103 Optional Assessment Areas
Ecosystem Resilience and Connectivity:
(Option Line Item)
Anticipated Exercise Date: 0
Product/Service Code: R422
1305M427Q0003 BASE
Section 2 - Combined Synopsis/Solicitation INTRODUCTION Regulatory Compliance & Framework
Section 3 - Contract Clauses Section 4 - Contract Documents, Exhibits, or Attachments Section 5 - Other Contract Terms and Conditions
Section 2 - Combined Synopsis/Solicitation
INTRODUCTION
Regulatory Compliance &
Framework
This Request for Quotes (RFQ) complies with the Revolutionary FAR Overhaul (RFO) under Executive Order 14275 (Restoring Common Sense to Federal Procurement).
Interpretation of References
All regulatory citations, provisions, and clauses in this solicitation, whether explicit or incorporated by reference, align with the overhauled FAR text, active agency class deviations, and recent RFO rulemaking.
Any legacy FAR clauses or formatting embedded in platform-standard templates are hereby superseded. They must be interpreted in accordance with the streamlined requirements, revised thresholds, and definitions established under the RFO framework. For procedural clarifications, refer to the FAR Companion and applicable strategic acquisition guidance.
(end of statement)
This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Part 12 under Request for Quotations (RFQ) number 1305M427Q0003. This announcement constitutes the only solicitation; offers are being requested and no additional written solicitation will be issued.
This solicitation is issued as a total small business set-aside. The associated NAICS code is 541720, with a small business size standard of $28.0M.
Note: Parts 1 through 6 of the solicitation will be incorporated in the award.
PART 1 – Supplies or Services
Description of Supplies or Services
This study will identify and justify a set of defined metrics that can support recurring federal assessment and provide policymakers with sustained insight into the growth, health, competitiveness, resilience, and emerging challenges of the ecosystem, in accordance with the attached, incorporated Performance Work Statement.
Contract Type
The Government intends to award a single firm fixed price (FFP) contract as a result of this solicitation.
PART 2 – Performance Work Statement
**See Attachment 1
PART 3 – Inspection and Acceptance
The Government point of contact (POC) identified in PART 5 will perform inspection and acceptance, in accordance with FAR 52.212-4, at the location identified in PART 4. Acceptance is communicated in writing, unless otherwise indicated, within 30 days of receipt.
PART 4 – Deliverables
Deliverables shall be reviewed and accepted in accordance with the Performance Work Statement.
PART 5 – Contract Administration Data
The following personnel will represent the Government for the purpose of this contract:
Government POC To Be Determined (TBD), at time of award.
Contracting Officer To Be Determined (TBD), at time of award.
PART 6 – Special Contract Requirements
Government Holidays
Workplace is not available on the Government Holidays stated below, or as prescribed by an Executive Order (EO) or OPM.gov due to inclement weather.
January (New Year’s Day) January (Martin Luther King Day) February (President’s Day) May (Memorial Day) June (Juneteenth National Independence Day) July (Independence Day) September (Labor Day) October (Columbus Day) November (Veterans Day) November (Thanksgiving) December (Christmas Day)
NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS
By submission of a quote in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in:
(a) 41 U.S.C. § 2103 regarding contacts between a federal employee working on a procurement and a quote about prospective employment;
(b) 18 U.S.C. § 207 regarding the restrictions on former federal employees having contact with a federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a federal employee or for which the former federal employee had official responsibility;
(c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former federal agency on behalf of another person or entity concerning any official matter; and
(d) 41 U.S.C. § 2104 regarding the restrictions on a former federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor.
APPLICABILITY OF THE SERVICE CONTRACT LABOR STANDARDS
The contractor shall adhere to the requirements of the most current revision of the applicable Wage Determination (WD).
NOTICE OF PARTICIPATION OF NON-GOVERNMENT PERSONNEL
The Contractor is advised that the Government may utilize the outside Contractors and/or Consultants listed below to assist in the administration of this contract. These Contractors/Consultants will have access to any and all information submitted by contractor and will be subject to the restrictions contained in CAR Clauses 1352.209-71 Limitation of Future Contracting, 1352.209-72 Restrictions Against Disclosure, 1352.209-74 Organizational Conflict of Interest and FAR Clause 52.203-16 Preventing Personal Conflicts of Interest. The companies/organizations employing the subject Contractors/Consultants are also required to comply with these same confidentiality restrictions. All federal and non-federal personnel supporting the government in the administration of this contract will have executed Non- Disclosure Agreements.
1) A- Frame
2) Veteran’s Management Services Inc. (VSMI)
3) IM Solutions
The Vendor agrees, by its submission of a response to the solicitation, to have its proposal reviewed by these Contractors/Consultants for the purpose of providing technical or cost/price analyses to the Government unless the Vendor provides objections to such disclosure as follows. The Vendor shall (1) submit the objection in writing to the Contracting Officer at least three days prior to the date set for receipt of the proposals; and (2) include a detailed statement of the basis for the objection.
PART 7 – Instructions and Evaluation Criteria
Quote Format
General
• Acquisition Framework: This commercial procurement is conducted under RFO Part 12, utilizing innovative techniques including an advisory down-select process and confidence ratings (see the Periodic Table of Acquisition Innovation for details).
• Two-Phase Strategy: To be considered for award, vendors must submit a Phase I quotation.
• Phase I Deadline: Phase I submissions must be uploaded via the designated Phase I Submission
Form no later than 9:00 AM ET October 16, 2026. Late submissions will not be evaluated.
• Phase II Timeline: The Government will establish the Phase II submission deadline within the advisory notifications issued after Phase I evaluations.
• Compliance: Quotations must be clear, concise, and fully compliant. Non-compliant submissions
(e.g., missing documents, exceeding page limits, or violating formatting terms) may be excluded from evaluation.
Solicitation Questions and Comments
• Questions and Comments regarding Phase I will not be accepted.
Quotation Format
• File Organization: All items listed must be submitted as separate digital files.
• Page Setup: Documents must be 8.5” x 11” format, single-spaced, using a 12-point font or larger. Font size limits do not apply to tables, graphics, or illustrations, provided they are easily legible without zooming.
• Page Count Rules: Page limits include all appendices, charts, and diagrams. Page limits exclude volume covers, tables of contents, glossaries, indices, and section dividers used solely for navigation. Pages marked “This page intentionally left blank” do not count.
• Excess Pages: Any pages exceeding the limits will be truncated and will not be evaluated.
Phase I
The Quoter shall submit:
1. Cover Page: The cover page shall include the Quoter’s name, business size, UEI, and a POC
(name, email address, and telephone number).
2. Volume 1: Domain Knowledge
3. Volume 2: Key Personnel
Volumes 1 and 2 may be submitted in Microsoft Word or Adobe Acrobat (PDF) format. Phase I submissions shall not contain any cost or price information.
Following evaluation of Phase I submissions, the Government will provide each Quoter an Advisory https://acquisitiongateway.gov/periodic-table https://docs.google.com/forms/d/e/1FAIpQLSfzi3TMbi6Ic4OFN6YS5FxkFAj8zmZ_RAo_E36kK2NECHcR5w/viewform?usp=publish-editor https://docs.google.com/forms/d/e/1FAIpQLSfzi3TMbi6Ic4OFN6YS5FxkFAj8zmZ_RAo_E36kK2NECHcR5w/viewform?usp=publish-editor
Notification indicating whether the Government recommends that the Quoter proceed to Phase II.
The Advisory Notification is a recommendation and does not eliminate a Quoter from the competition. A Quoter advised not to proceed may elect to submit a Phase II quote.
Quoters electing to proceed to Phase II shall notify the Contracting Officer by the date and time specified in the Advisory Notification.
Phase II
Quoters proceeding to Phase II shall submit:
1. Cover Page: The cover page shall include total price(s); FOB point; a POC (name and telephone number); delivery date; business size; and payment terms.
2. Signed SF1449 and SF-30(s) (If Applicable)
3. Data Management Plan: Must comply with NAM clause 1330-52.227-70. Refer to the Appendix
C of the Management of NOAA Data and Information Data Management Handbook for a template.
4. Volume 3: Technical Approach
5. Volume 4: Past Performance References
6. Volume 5: Price, to include a completed pricing matrix as outlined in Part 1 of this RFQ. The
Quoter shall separately identify pricing for the base requirements and each Optional Assessment Area. The price quote shall include a deliverable-based payment schedule for the Base Requirements.It must also include a price breakdown (e.g., labor disciplines/categories, labor hours, labor rates, other direct costs, etc.) for the Base Requirements and each Optional Assessment Area to permit the Government to evaluate price fairness and reasonableness.
Volumes 3 through 4 may be submitted in Microsoft Word or Adobe Acrobat (PDF) format. Volume 5 SHALL BE submitted in Microsoft Excel to show calculations. Volumes 3 through 4 shall not contain any cost or price information.
All quotes shall be predicated upon all terms and conditions of this RFQ. In addition, all quotes, including pricing, must be valid for a minimum of 30 calendar days from the date of receipt by the Government.
Quote Organization
Phase I
The following factors will be submitted in Phase I:
Cover Page: The cover page shall include the Quoter’s name, business size, UEI, and a POC (name, email address, and telephone number).
Factor 1: Domain Knowledge Factor 2: Key Personnel
Volume/Instructions Page Limit (Single-Sided)
Volume 1: Domain Knowledge The Quoter shall demonstrate organizational knowledge and applied experience relevant to measuring and assessing the U.S. commercial space economy and other https://www.noaa.gov/sites/default/files/2025-03/NAO_212-15B_-_Data_Management_Handbook.pdf complex or emerging economic sectors. The Quoter shall address its knowledge and experience in economic measurement and analysis; the U.S. commercial space ecosystem; economic metrics, data sources, and measurement limitations; and objective research and policy analysis. Representative examples may be provided to demonstrate the Quoter’s domain knowledge. No cost or price information shall be included in this volume.
Note - Subcontractor/Teaming Partner Experience: If submitting experience for an entity other than the prime quoter, include a brief explanation detailing who the entity is and how the prime will leverage their experience during performance.
Failure to provide this context may result in a less favorable confidence rating.
Volume 2: Key Personnel
The Quoter shall identify the proposed Project Manager and Lead Economist/Economist and describe each individual’s qualifications and relevant experience. The Project Manager shall demonstrate experience leading research or analytical efforts of comparable complexity, managing schedules and deliverables, coordinating contributors, managing quality, and serving as a customer interface.
The Lead Economist/Economist shall demonstrate education and experience applying economic theory, quantitative or statistical methods, and economic measurement methodologies; developing or evaluating economic metrics, indicators, datasets, or measurement frameworks; and communicating analytical findings and limitations. Experience related to the space economy, commercial space industry, or measurement of emerging technology sectors is particularly relevant.
For each Key Person, the Quoter shall provide a resume not exceeding two pages and a signed letter of commitment confirming the individual's commitment and availability to perform the proposed role if awarded. One individual may serve in both Key Personnel roles if qualified for both roles. No cost or price information shall be included in this volume. *Resumes and letters of commitment do not count toward the two-page limit.
2 (exclusive of resumes and letter of commitment)
Phase II
The following factors will be submitted in Phase II:
Factor 3. Technical Approach Factor 4. Past Performance Factor 5. Price
Instructions and requirements for these volumes will be provided only to Quoters who choose to participate in Phase II of this solicitation.
Evaluation Process and Basis for Award:
The Government will award a contract resulting from this solicitation to the responsible Quoter whose quote represents the best value to the Government, price and other factors considered.
The Government will utilize a two-phase advisory down-select process. Phase I will evaluate Domain
Knowledge and Key Personnel. Following Phase I, the Government will provide each Quoter an Advisory Notification indicating whether the Government recommends that the Quoter proceed to Phase II. The Advisory Notification is a recommendation and does not eliminate a Quoter from the competition. A Quoter advised not to proceed may elect to participate in Phase II. Phase I evaluation results will remain part of the final best-value determination.
Quotes will be evaluated based on the following factors:
Phase I Factor 1: Domain Knowledge Factor 2: Key Personnel
Phase II Factor 3. Technical Approach Factor 4. Past Performance Factor 5. Price
The Data Management Plan will be evaluated on a Go/No-Go basis and will not be comparatively rated.
A rating of Go is required to be eligible for the award.
Domain Knowledge and Key Personnel are equal in importance and are the most important non-price factors. Technical Approach is the next most important factor. Past Performance is less important than Domain Knowledge, Key Personnel, and Technical Approach. All non-price factors, when combined, are significantly more important than Price.
Evaluation Ratings:
The Government will evaluate Factors 1 through 4 using the confidence ratings below. The ratings reflect the Government’s confidence that the Quoter will successfully perform the requirements based on its submission under the applicable factor.
High Confidence: The Government has high confidence that the Quoter understands the requirement, proposes a sound approach, and/or will be successful in performing the contract with little or no Government intervention.
Some Confidence: The Government has some confidence that the Quoter understands the requirement, proposes a sound approach, and/or will be successful in performing the contract with some Government intervention.
Low Confidence: The Government has low confidence that the Quoter understands the requirement, proposes a sound approach, and/or will be successful in performing the contract even with Government intervention.
The Data Management Plan will be evaluated on a Go/No-Go basis. Price will not receive a confidence rating and will be evaluated for fairness and reasonableness in accordance with the solicitation.
Neutral Confidence (Past Performance Only): No recent/relevant past performance record is available, or the available record is so limited that no meaningful confidence assessment can be made. A Neutral Confidence rating is neither favorable nor unfavorable.
For Price: The Government will evaluate the proposed firm-fixed price for the Base Requirements and each Optional Assessment Area to determine price fairness and reasonableness. The evaluation will consider supporting price elements, including labor categories/disciplines, labor hours, labor rates, other direct costs, and applicable price information, as well as the proposed deliverable-based payment schedule for the Base Requirements.
For award evaluation purposes, the Government will calculate the total evaluated price by adding the prices of all Optional Assessment Areas to the Base Requirements price. The Government may determine a quote unacceptable if option prices are significantly unbalanced. Evaluation of the Optional Assessment Areas does not obligate the Government to exercise them.
The Government’s objective is to obtain a high-quality, technically sound, and defensible study and measurement framework. Accordingly, the Government may elect to award to a Quoter with greater non-price merit even if its price is higher than that of a lower-rated Quoter. As quotes become more equal in non-price merit, price becomes more important in the award decision. The Government will not make an award at a significantly higher price if the non-price advantage of the higher-priced quote is minor or does not warrant the price premium.
Section 3 - Contract Clauses
FAR 52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023)
FAR 52.219-28 Postaward Small Business Program Rerepresentation. (JAN 2025)
(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 (d) 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 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 (f) of this clause or, if applicable, paragraph (h) 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) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-
(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract (e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);
(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract (e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);
(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract (e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and
(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).
(d) 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.
(e) 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.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraphs (b) and (c) 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, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) 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 (f) or (h) of this clause.
(h) 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 (h)(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) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) 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: [ ] .]
(5) 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: [ ] .]
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) 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: [ ].]
(9) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that-
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: [ ].] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer's name and title.]
(End of clause)
FAR 52.224-1 Privacy Act Notification. (APR 1984)
FAR 52.224-2 Privacy Act. (APR 1984)
FAR 52.227-17 Rights in Data--Special Works. (DEC 2007)
FAR 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)
CAR 1352.201-70 Contracting Officer's Authority. (MAR 2010)
CAR 1352.209-73 Compliance with the laws. (APR 2010)
CAR 1352.209-74 Organizational conflict of interest. (APR 2010)
Standard Language Notice Regarding Representations
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. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these 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.
FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/
(End of clause)
CAR 1352.233-70 Agency protests. (APR 2010)
(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).
(b) Agency protests filed with the Contracting Officer shall be sent to the following address:
Virginia Scott Virginia.Scott@noaa.gov
(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:
David Marks David.Marks@noaa.gov
(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.
(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C.
Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.
(End of clause)
CAR 1352.233-71 GAO and Court of Federal Claims protests. (APR 2010)
(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.
(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.
mailto:Virginia.Scott@noaa.gov
(c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C.
Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.
(End of clause)
CAR 1352.237-71 Security processing requirements-low risk contracts (APR 2010)
(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor.
(b) Investigative requirements for Non-IT Service Contracts are:
(1) Contracts more than 180 days-National Agency Check and Inquiries (NACI).
(2) Contracts less than 180 days-Special Agency Check (SAC).
(c) Investigative requirements for IT Service Contracts are:
(1) Contracts more than 180 days-National Agency Check and Inquiries (NACI).
(2) Contracts less than 180 days-National Agency Check and Inquiries (NACI).
(d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check.
(e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have:
(1) Official legal status in the United States;
(2) Continuously resided in the United States for the last two years; and
(3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters.
(f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts. Processing requirements for Low Risk non-IT Service Contracts are as follows:
(1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting.
(2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing.
(3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site.
(4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division (FBIN).
(5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee's Alien Registration Receipt Card number to aid in verification.
(6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility (i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations. The Contracting Officer will notify the contractor of an approved contract start date.
(g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts.
(1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM.
(2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC.
(h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons:
(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.
(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.
(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract.
(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.
(i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.
(j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.
(k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.
(End of clause)
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:
Office of Space Commerce Herbert C. Hoover Bldg.
1401 Constitution Avenue, NW Washington, DC 20230
(End of clause)
CAR 1352.270-70 Period of performance. (APR 2010)
(a) The base period of performance of this contract is from TBD through TBD. If an option is exercised, the period of performance shall be extended through the end of that option period.
(b) The option periods that may be exercised are as follows:
N/A
(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.
(End of clause)
NOAA Acquisition Manual 1330-52.203-70 Scientific Integrity and Research Misconduct (OCT 2012)
(a) Definitions. As used in this solicitation and contract language –
Scientific activities mean activities that involve inventorying, monitoring, observations, experimentation, study, research, integration, modeling, and scientific assessment.
Scientific integrity means the condition resulting from adherence to professional values and practices when conducting and applying the results of science that ensures objectivity, clarity, and reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism, interference, censorship, and inadequate procedural and information security.
Presentation of scientific activities results includes the analysis, synthesis, compilation, or translation of scientific information and data into formats for the use of the Department of Commerce or the United States of America.
Scientific and Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing scientific and research activities, or in the products or reporting of the results of these activities. It specifically includes intentional circumvention of the integrity of the scientific and research process and actions that compromise that process, but does not include honest error or differences of opinion.
Investigation is formal collection and evaluation of information and facts to determine if scientific or research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action.
(b) General Guidelines
1. Maintaining Integrity. The contractor shall maintain the scientific integrity of research performed pursuant to this contract award including the prevention, detection, and remediation of research misconduct, and the conduct of inquiries, investigations and adjudication of allegations of research misconduct.
2. In performing or presenting the results of scientific activities under the contract, and in responding to allegations of scientific and research misconduct, the contractor shall comply with the solicitation and contract language herein and NOAA Administrative Order (NAO) 202-735D-2, Scientific Integrity, and its Procedural Handbook, including any amendments thereto.
3. Primary Responsibility. The contractor shall have the primary responsibility to prevent, detect, and investigate allegations of scientific and research misconduct. Unless otherwise instructed by the contracting officer, the contractor shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so.
4. By executing this contract, the contractor provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation and reporting of such misconduct.
5. The contractor shall insert the substance of this requirement in subcontracts at all tiers that involve research being performed under this contract.
(c) Investigating Misconduct Research
1. Initiating Investigation. If the contractor determines that there is sufficient evidence to proceed to an investigation, it shall notify the contracting officer and, unless otherwise instructed, the contractor shall:
A. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted.
B. If the investigation leads to a finding of scientific and research misconduct, obtain adjudication by a neutral third party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions.
2. Finalizing Investigation. When the investigation is complete, the contractor shall forward to the contracting officer a copy of the evidentiary record, the investigative report, any recommendations made to the Contractor’s adjudicating official, the adjudicating official’s decision and notification of any corrective action taken or planned, and the subject’s written response (if any).
(d) Findings and Corrective Actions
1. If the contractor finds that scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall:
i. Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, and
ii. Coordinate remedial action with the contracting officer.
(e) Department of Commerce Actions
1. The Department of Commerce may accept the Contractor’s findings or proceed with its own investigation, in which case the contractor shall fully cooperate with the investigation. The contracting officer will inform the contractor of the Department’s final determination.
2. The Department of Commerce reserves the right to pursue such remedies and other actions as it deems appropriate, consistent with the terms and conditions of the contract and applicable laws and regulations. Such remedies and actions may include, but are not limited to, disallowance of costs, recoupment of contract payments, and suspension or debarment.
(End of solicitation and contract language)
NOAA Acquisition Manual 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005)
The following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:
Item Description Quantity Due Date Deliver to Reference
TBD at time of award
(End of solicitation and contract language)
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…
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