Sol_1332KP24Q0053 FINAL.pdf
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- Sole Source RFQ - NJGS PTP Systems Warranties
- Solicitation number
- SIAD-1332KP24Q0053
About this file
This document is a solicitation for a sole source requirement to renew hardware warranty and software support for seven hardware components of three Programmable Telemetry Processors (PTP) systems. The procurement will sustain uninterrupted operations and maintenance service for mission critical equipment associated with data ingest and distribution at National Oceanic and Atmospheric Administration (NOAA) facilities in Maryland, Virginia, and Alaska. The Government anticipates awarding a firm fixed-price purchase order with a 12-month base period and four 12-month option periods. Responses are due by June 18, 2024 at 12:00 PM Eastern. The incumbent contractor is Parsons Government Services Inc. The solicitation includes specific technical and IT security requirements for the hardware and software support services.
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2024-2029 NJGS CIG-PTP HW Warranty/Maintenance Support Renewal
STATEMENT OF NEED
NESDIS/OSPO/MOD
1. Introduction/Background
The National Oceanic and Atmospheric Administration’s (NOAA) National Environment Satellite, Data, and Information Service (NESDIS), in conjunction with the National Aeronautics and Space Administration (NASA), the European Organization for the Exploitation of Meteorological Satellites (EUMETSAT), and France's Centre National d'Etudes Spatiales (CNES), utilizes the Jason-3 mission as a follow-on to the Ocean Surface Topography Mission (OSTM/Jason-2). The primary objective of this upcoming radar altimetry mission is to provide precise sea surface height measurements for determining global sea-level rise, ocean currents, and upper ocean heat content with equal or better performance than Jason-2.
The primary J2GS/NJGS elements that will be affected by the Jason-3 mission are the Command and Data Acquisition Stations (CDAS) at Wallops, Virginia and Fairbanks, Alaska, the Satellite Operations Control Center (SOCC) and the Environmental Satellite Processing Center (ESPC), both located in Suitland Maryland, and their internal and external communications interfaces and services. NOAA's National Oceanographic Data Center (NODC), using its Comprehensive Large Array-data Stewardship System (CLASS), will provide long-term Archive and Access Services (AAS) through its redundant facilities in Boulder, Colorado, and Asheville, North Carolina, and its ingest component within the NOAA Satellite Operations Facility (NSOF) in Suitland, Maryland.
2. Scope of Work
This procurement is for the renewal for hardware warranty and software support for seven (7) hardware components of three (3) NJGS Programmable Telemetry Processors (PTP) systems.
This procurement will sustain uninterrupted OSPO operations and maintenance service for mission critical equipment associated with data ingest and distribution. This support is necessary to cover all hardware and software issues within the CIG equipment at NSOF Suitland MD., WCDAS Wallops VA and FCDAS, Fairbanks AK. Warranty Support will allow OSPO to get replacement parts and vendor support on break/fix issues that extend beyond the realm of the on-site staff support.
3. Product Specifications
Base Year (6/30/2024 - 6/29/2025)
CLIN Description Serial # Qty
00011
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21240 1
00012
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21242 1
00013
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21-AA-03 1
00014
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-56 1
00015
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-57 1
00016
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-58 1
00017
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-59 1
Option Year 1 (6/30/2025 - 6/29/2026)
CLIN Description Serial # Qty
00021
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21240 1
00022
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21242 1
00023
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21-AA-03 1
00024
Annual Extended PTP Hardware and Software Silver Warranty.
and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-56 1
00025
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-57 1
00026
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-58 1
00027
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-59 1
Option Year 2 (6/30/2026 - 6/29/2027)
CLIN Description Serial # Qty
00031
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21240 1
00032
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21242 1
00033
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21-AA-03 1
00034
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-56 1
00035
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-57 1
00036
Annual Extended PTP Hardware and Software Silver Warranty.
and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-58 1
00037
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-59 1
Option Year 3 (6/30/2027 - 6/29/2028)
CLIN Description Serial Number Qty
00041
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21240 1
00042
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21242 1
00043
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21-AA-03 1
00044
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-56 1
00045
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-57 1
00046
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-58 1
00047
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-59 1
Option Year 4 (6/30/2028 - 6/29/2029)
CLIN Description Serial # Qty
00051
Annual Extended PTP Hardware and Software Silver Warranty.
and software issues, Monday through Friday, 8AM to 5PM EST. 21240 1
00052
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21242 1
00053
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 21-AA-03 1
00054
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-56 1
00055
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-57 1
00056
Annual Extended PTP Hardware and Software Silver Warranty.
Include direct technical and operational telephone support for hardware and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-58 1
00057
Annual Extended PTP Hardware and Software Silver Warranty.
and software issues, Monday through Friday, 8AM to 5PM EST. 22-03-59 1
4. Requested Delivery/Period of Performance
6/30/2024 - 6/29/2029
BASE: 6/30/2024 - 6/29/2025
Option Period 1: 6/30/2025 - 6/29/2026 Option Period 2: 6/30/2026 - 6/29/2027 Option Period 3: 6/30/2027 - 6/29/2028 Option Period 4: 6/30/2028 - 6/29/2029
5. IT Security Requirements
Products and services for exchange, refurbishing, or recycling of hardware must comply with NOAA IT Security Manual (ITSM) media sanitization requirements (MP-6) and NIST SP 800- 88 Revision 1. Pre-configured hardware must comply with FAR 39.101(c) regulations for adherence to the NIST SP 800-70 Rev. 4 common security configuration checklist program (https://nvd.nist.gov/ncp/repository). New hardware must comply with FAR 4.1302 and be capable of being configured to utilize approved, per FAR 4.1302(b) PIV-compliant (https://www.idmanagement.gov/approved-products-list/) smart card authentication components.
In addition, new hardware shall be capable of implementing Internet Protocol Version 6 (IPv6) requirements as required by FAR part 11.002(g). Specifically, unless the agency Chief Information Officer waives the requirement for technology using Internet Protocol, the product must comply with applicable technical capabilities defined in the USGv6 Profile (NIST Special Publication (SP) 500-267) and the corresponding declarations of conformance defined in the USGv6 Test Program. To meet this requirement, vendors and suppliers of IP protocol technology must document their product’s support of the requested capabilities through the USGv6 test program (https://www-x.antd.nist.gov/usgv6/) using the USGv6 Suppliers Declaration of Conformity.
6. 12-month Option Period(s) Added
Option Period 1: 6/30/2025 - 6/29/2026 Option Period 2: 6/30/2026 - 6/29/2027 Option Period 3: 6/30/2027 - 6/29/2028 Option Period 4: 6/30/2028 - 6/29/2029
PURCHASE ORDER TYPE
The Government anticipates issuing a firm fixed‐price (FFP) purchase order for the products described above.
INTRODUCTION/BACKGROUND
The National Oceanic and Atmospheric Administration’s (NOAA) National Environment Satellite, Data, and Information Service (NESDIS), in conjunction with the National Aeronautics and Space Administration (NASA), the European Organization for the Exploitation of Meteorological Satellites (EUMETSAT), and France's Centre National d'Etudes Spatiales (CNES), utilizes the Jason‐3 mission as a follow‐on to the Ocean Surface Topography Mission (OSTM/Jason‐2). The primary objective of this radar altimetry mission is to provide precise sea surface height measurements for determining global sea‐level rise, ocean currents, and upper ocean heat content with equal or better performance than Jason‐2. The primary J2GS/NJGS elements that ARE affected by the Jason‐3 mission are the Command and Data Acquisition Stations (CDAS) at Wallops, Virginia and Fairbanks, Alaska, the Satellite Operations Control Center (SOCC) and the Environmental Satellite Processing Center (ESPC), both located in Suitland Maryland, and their internal and external communications interfaces and services. NOAA's National Oceanographic Data Center (NODC), using its Comprehensive Large Array‐data Stewardship System (CLASS), will provide long‐term Archive and Access Services (AAS) through its redundant facilities in Boulder, Colorado, and Asheville, North Carolina, and its ingest component within the NOAA Satellite Operations Facility (NSOF) in Suitland, Maryland.
SCOPE OF WORK
This procurement is for the renewal for hardware warranty and software support for seven (7) hardware components for three
(3) Programmable Telemetry Processors (PTP) systems. This procurement will sustain uninterrupted OSPO operations and maintenance service for mission critical equipment associated with data ingest and distribution. This support is necessary to cover all hardware and software issues within the CIG equipment at NSOF Suitland MD., WCDAS Wallops VA and FCDAS, Fairbanks AK. Support will allow OSPO to get replacement parts and vendor support on break/fix issues that extend beyond the realm of the on‐site staff support.
IT SECURITY REQUIREMENTS
Products and services for exchange, refurbishing, or recycling of hardware must comply with NOAA IT Security Manual (ITSM) media sanitization requirements (MP‐6) and NIST SP 800‐88 Revision 1. Pre‐configured hardware must comply with FAR 39.101(c) regulations for adherence to the NIST SP 800‐70 Rev. 4 common security configuration checklist program (https://nvd.nist.gov/ncp/repository). New hardware must comply with FAR 4.1302 and be capable of being configured to utilize approved, per FAR 4.1302(b) PIV‐compliant (https://www.idmanagement.gov/approved‐products‐list/) smart card authentication components. In addition, new hardware shall be capable of implementing Internet Protocol Version 6 (IPv6) requirements as required by FAR part 11.002(g). Specifically, unless the agency
Chief Information Officer waives the requirement for technology using Internet Protocol, the product must comply with applicable technical capabilities defined in the USGv6 Profile (NIST Special Publication (SP) 500‐267) and the corresponding declarations of conformance defined in the USGv6 Test Program. To meet this requirement, vendors and suppliers of IP protocol technology must document their product’s support of the requested capabilities through the USGv6 test program (https://www‐x.antd.nist.gov/usgv6/) using the USGv6 Suppliers Declaration of Conformity.
Clauses Incorporated by Reference
FAR 52.204‐13 System for Award Management Maintenance (OCT 2018)
FAR 52.204‐18 Commercial and Government Entity Code Maintenance (AUG 2020)
FAR 52.209‐6 Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
(NOV 2021)
FAR 52.212‐4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023)
CAR 1352.201‐70 Contracting Officer’s Authority (MAR 2010)
CAR 1352.209‐72 Restrictions Against Disclosure (APR 2010)
CAR 1352.209‐73 Compliance With the Laws (APR 2010)
CAR 1352.209‐74 Organizational Conflict of Interest (APR 2010)
CAR 1352.239‐72 Software License Addendum (APR 2010)
CAR 1352.239‐72 Security Requirements for information Resources (APR 2010)
Full Text Clauses
FAR 52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders ‐ Commercial Products and Commercial Services. (MAY 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115‐91).
(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).
(4) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C.
3801).
(6) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108‐77 and 108‐78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
[ ] (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C.
4704 and 10 U.S.C. 4655).
[ ] (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[ ] (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.203‐17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community‐see FAR 3.900(a).
[X] (5) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (JUN 2020) (Pub. L. 109‐282) (31 U.S.C. 6101 note).
[ ] (6) [Reserved]
[ ] (7) 52.204‐14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111‐117, section 743 of Div. C).
[ ] (8) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (OCT 2016) (Pub. L. 111‐117, section 743 of Div. C).
[X] (9) 52.204‐27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117‐328).
[ ] (10) 52.204‐28, Federal Acquisition Supply Chain Security Act Orders‐Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi‐Agency Contracts. (DEC 2023) (Pub. L. 115‐390, title II).
[X] (11)(i) 52.204‐30, Federal Acquisition Supply Chain Security Act Orders‐ Prohibition. (DEC 2023) (Pub. L. 115‐390, title II).
[ ] (ii) Alternate I (DEC 2023) of 52.204‐30.
[X] (12) 52.209‐6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
[ ] (13) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[ ] (14) [Reserved]
[ ] (15) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (OCT 2022) (15 U.S.C. 657a).
[ ] (16) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (17) [Reserved]
[ ] (18)(i) 52.219‐6, Notice of Total Small Business Set‐Aside (NOV 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (MAR 2020) of 52.219‐6.
[ ] (19)(i) 52.219‐7, Notice of Partial Small Business Set‐Aside (NOV 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (MAR 2020) of 52.219‐7.
[ ] (20) 52.219‐8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).
[ ] (21)(i) 52.219‐9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (NOV 2016) of 52.219‐9.
[ ] (iii) Alternate II (NOV 2016) of 52.219‐9.
[ ] (iv) Alternate III (JUN 2020) of 52.219‐9.
[ ] (v) Alternate IV (SEP 2023) of 52.219‐9.
[ ] (22)(i) 52.219‐13, Notice of Set‐Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (MAR 2020) of 52.219‐13.
[ ] (23) 52.219‐14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
[ ] (24) 52.219‐16, Liquidated Damages‐ Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (25) 52.219‐27, Notice of Set‐Aside for, or Sole‐Source Award to, Service‐Disabled Veteran‐Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
[X] (26)(i) 52.219‐28, Post‐Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219‐28.
[ ] (27) 52.219‐29, Notice of Set‐Aside for, or Sole‐Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
[ ] (28) 52.219‐30, Notice of Set‐Aside for, or Sole‐Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
[ ] (29) 52.219‐32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[ ] (30) 52.219‐33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[X] (31) 52.222‐3, Convict Labor (JUN 2003) (E.O. 11755).
[X] (32) 52.222‐19, Child Labor‐ Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).
[X] (33) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).
[X] (34)(i) 52.222‐26, Equal Opportunity (SEPT 2016) (E.O. 11246).
[ ] (ii) Alternate I (FEB 1999) of 52.222‐26.
[X] (35)(i) 52.222‐35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (JULY 2014) of 52.222‐35.
[X] (36)(i) 52.222‐36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (JULY 2014) of 52.222‐36.
[X] (37) 52.222‐37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[X] (38) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (39)(i) 52.222‐50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (MAR 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (40) 52.222‐54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (41)(i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA‐Designated Items (MAY 2008) (42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)
[ ] (ii) Alternate I (MAY 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)
[ ] (42) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C.
7671, et seq.).
[ ] (43) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (44) 52.223‐20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (45) 52.223‐21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).
[X] (46) 52.223‐23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
[X] (47)(i) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[ ] (ii) Alternate I (JAN 2017) of 52.224‐3.
[ ] (48)(i) 52.225‐1, Buy American‐ Supplies (OCT 2022)) (41 U.S.C. chapter 83).
[ ] (ii) Alternate I (OCT 2022) of 52.225‐1.
[ ] (49)(i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501‐4732), Public Law 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43.
[ ] (ii) Alternate I [Reserved].
[ ] (iii) Alternate II (DEC 2022) of 52.225‐3.
[ ] (iv) Alternate III (FEB 2024) of 52.225‐3.
[ ] (v) Alternate IV (OCT 2022) of 52.225‐3.
[ ] (50) 52.225‐5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 52.225‐13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (NOV 2007) (42 U.S.C. 5150).
[ ] (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).
[X] (55) 52.226‐8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
[ ] (56) 52.229‐12, Tax on Certain Foreign Procurements (FEB 2021).
[ ] (57) 52.232‐29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).
[ ] (58) 52.232‐30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (OCT 2018) (31 U.S.C. 3332).
[ ] (60) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award Management (JUL 2013) (31 U.S.C.
3332).
[ ] (61) 52.232‐36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[X] (62) 52.239‐1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ] (63) 52.242‐5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
[ ] (64)(i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C.
2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247‐64.
[ ] (iii) Alternate II (NOV 2021) of 52.247‐64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
[ ] (1) 52.222‐41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[ ] (2) 52.222‐42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (3) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222‐44, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (6) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐ Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (7) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
[ ] (8) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
[ ] (9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215‐2, Audit and Records ‐ Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause‐
(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203‐17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115‐91).
(v) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).
(vi) 52.204‐27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117‐ 328).
(vii)(A) 52.204‐30, Federal Acquisition Supply Chain Security Act Orders‐Prohibition. (DEC 2023) (Pub. L. 115‐390, title
II).
(B) Alternate I (DEC 2023) of 52.204‐30.
(viii) 52.219‐8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222‐26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xi) 52.222‐35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222‐36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii) 52.222‐37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222‐40.
(xv) 52.222‐41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xvi) [ ] (A) 52.222‐50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (B) Alternate I (MAR 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xviii) 52.222‐53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xix) 52.222‐54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xx) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xxi) 52.222‐62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)(A) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224‐3.
(xxiii) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226‐6.
(xxv) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232‐40.
(xxvi) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247‐64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
CAR 1352.201‐72 Contracting Officer's Representative (COR). (APR 2010)
a) Rich Coley is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:
Phone Number: 301‐817‐4727
E‐mail: rich.coley@noaa.gov
(b) The responsibilities and limitations of the COR are as follows:
(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.
(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.
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:
NOAA Satellite Operations Facility (NSOF)
4231 SUITLAND ROAD
SUITLAND MD 20746
(End of clause)
CAR 1352.270‐70 Period of performance. (APR 2010)
(a) The base period of performance of this contract is from June 30, 2024 through June 29, 2025. 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:
Option Period 1 ‐ June 30, 2025 ‐ June 29, 2026 Option Period 2 ‐ June 30, 2026 ‐ June 29, 2027 Option Period 3 ‐ June 30, 2027 ‐ June 29, 2028 Option Period 4 ‐ June 30, 2028 ‐ June 29, 2029
NAM 1330‐52.203‐71 NOTICE OF POST‐GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015)
By submission of an offer 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 an offeror 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.
(End of solicitation and contract language)
NAM 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 rejec on of such conduct by an individual is used as the basis for employment decisions affec ng such individual;
● The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient’s sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put‐downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures.
(b) Requirements.
1. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment.
2. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor.
3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the COR, subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202‐1106, Section 6.07, Reporting from Remote Locations.
4. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants’ needs are addressed.
5. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor’s written policy (where applicable).
6. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202‐1106, Section 5, Prevention Training and Awareness, as part of their initial in‐processing and on an annual basis thereafter. The initial training shall be completed within 30 business days 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: h ps://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)
FAR 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: None.
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.
NAM 1330‐52.243‐70 REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017)
(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the contractor believes the Government is liable. The request shall include only costs for performing the change. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.
(b) Any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the contractor:
I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.
(Official’s Name)
(Title)
(c) The certification in paragraph (b) of this solicitation and contract language requires full disclosure of all relevant facts, including:
1. Certified cost or pricing data, if required, in accordance with subsection 15.403‐4 of the Federal Acquisition Regulation (FAR); and
2. Data other than certified cost or pricing data, in accordance with subsection 15.403‐3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.
(d) The certification requirement in paragraph (b) of this solicitation and contract language does not apply to:
1. Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost‐reimbursement type contract, or progress payment…
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