Sol_1333MF26Q0024.pdf

COMBINED SYNOPSIS/SOLICITATION

National Coral Reef Monitoring Program Surveys in Florida Vessel for Performing Dive Survey Cruises in the Florida Keys

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

Solicitation number 1333MF26Q0024 is issued as a request for quotation (RFQ), for contractor services required to replace the existing pipelines under the float platform.

This acquisition is set-aside for small business concerns. The associated NAICS code is 483114 The small business size standard is 550 employees.

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

(ii) This combined solicitation/synopsis is for the purchase of the following commercial service(s): Included in the attached SF18 is the CLIN structure for Non-Personal services for contractor services to provide all necessary captain, crew, meals, nitrox air, dive gear, depth finder, topside support, dive safety equipment, and first aid and all requirements necessary to in accordance with the Statement of Work.

(iii) Description of requirements can be found in the Statement of Work (SOW) attached to the Sam.gov combined synopsis/solicitation posting.

INVOICES TO BE BILLED IN ARREARS. PROVIDE UNIT AND TOTAL PRICING FOR THE

REQUIREMENT. QUOTE PRICING MAY BE PROVIDED ON ATTACHED SF18 FORM OR ON

COMPANY LETTERHEAD.

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

Period of performance shall be: May 22 through December 31, 2026. Diving will occur depending on weather and scheduling

Place of Performance is: The Florida Keys which extend from Key West to Key Biscayne, Florida.

(v) A list of solicitation provisions that apply to the acquisition (see 12.205(a)) can be found on the Request for Quote Form SF18 attachment.

RFO 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) (Deviation Jan 2026) NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Submit PDF or Microsoft Word format quotations to the office specified in this solicitation at or before the time specified in the solicitation. Quote documents shall include signed copies of the SF 18 and SF 30(s) to acknowledge the solicitation and any applicable amendments. Email quotes are required and can be sent to AMY.GILLILAND@NOAA.GOV.

2. Offeror shall have an active registration in the System for Award Management (SAM found at https://sam.gov/content/home) in order to provide a quote and be eligible for award. Must provide their UEID/CAGE CODE with their quote.

3. Offerors shall assume that the Government has no prior knowledge of them or their capability.

4. Offerors must provide all evaluation criteria in accordance with RFO 52.212-2. Offerors who do not provide all evaluation criteria may not be considered.

1. RFO 52.212-2 Evaluation- Commercial Products and Commercial Services (Nov 2021) (Deviation Jan 2026)

Offers will be evaluated based on price and the factors set forth in paragraph (a).

The evaluation will consider the Non-Price Technical Solution (Technical Approach and Past Performance) to be significantly more important than price. However, as quotes are determined to be more equal in the non-price evaluation factor, price becomes more important and may become the determining factor for award. If, at any stage of the evaluation, all vendors are determined to have submitted equal, or virtually equal, Non-Price Technical Solutions, price could become the factor in determining which vendor will receive the award.

The Government intends to evaluate the quotes and award a purchase order based on the Offeror’s initial quote; therefore, the Offeror’s initial quote should contain the Offeror’s best terms from a Non-Price Technical Solution and price standpoint.

The Government reserves the right not to award a purchase order depending on the quality of the quote(s) submitted and the availability of funds. Furthermore, the Government may waive informalities and minor irregularities or omissions in quotes received.

The Government may make award to other than the lowest-priced Offeror or the Offeror with the highest technical rating if the Contracting Officer determines that to do so would result in the best value to the Government. The Government will not make an award at a significantly higher overall price to achieve only slightly superior performance capability.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Paragraph (a) is hereby completed as follows: Evaluation will be based on the following:

1. Technical Approach and Capability.

The Offeror’s overall technical approach will be evaluated to assess the Government's level of confidence in the Offeror’s understanding of, approach to, and ability to successfully perform the requirements as described in the Statement of Work. Provide a detailed description of the company’s experience performing similar services. A detailed technical approach write-up describing how the Offeror will perform this service is required to be submitted with the quote regardless of whether a site visit was made or not. The technical approach write-up must not be a reiteration of the Statement of Work, but how your company plans on performing the tasks listed in the attached Statement of Work. (i.e. performance checklists, anticipated number of employees, anticipated hours at the facility and/or confirmation of supplies being provided, etc.)

https://sam.gov/content/home

2. Experience. The offeror's background, experience, and qualifications will be assessed to determine the likelihood that that offeror can successfully perform the contract requirements and the degree of the risk of non-performance.

3. Price. The Government will evaluate the price quote for completeness and reasonableness in relation to the RFQ requirements. Quoted prices must be entirely compatible with the Non-Price Technical Solution.

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

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

(vi) A list of contract clauses that apply to the acquisition (see 12.205(b)) can be found on the Request for Quote Form SF18 attachment.

(vii) Quotes are required to be received in the contracting office no later than DATE AND TIME LISTED IN SAM.GOV POSTING. All quotes must be submitted electronically via email to

AMY.GILLILAND@NOAA.GOV.

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

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

CONFIRMATION OF THE QUOTE RECEIPT.

CAM 1352.215-72 Inquiries (Apr 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING

VIA EMAIL TO Amy Gilliland, at amy.gilliland@noaa.gov QUESTIONS SHOULD BE RECEIVED NO LATER THAN THREE DAYS BEFORE RFQ CLOSE DATE. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

(viii) Any other additional information required by 5.101(c).

Per NOAA Deviation 2025-02/03: System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Contracting officers will not consider those representations when http://sam.gov/ mailto:amy.gilliland@noaa.gov 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.

UTILIZATION OF FEDCONNECT® FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net.

There is no charge for registration in or use of FedConnect®.

(End)

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

15. DATE OF QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

b. TELEPHONE

AREA CODE

NUMBER

STANDARD FORM 18 (REV. 6/1995)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

8. TO:

b. COMPANYa. NAME

c. STREET ADDRESS

d. CITY e. STATE f. ZIP CODE

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

d. STATE e. ZIP CODE

7. DELIVERY

FOB DESTINATION

OTHER

(See Schedule)

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NUMBER

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

PAGE OF PAGES

1. REQUEST NUMBER 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NUMBER 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

RATING

5a. ISSUED BY 6. DELIVER BY (Date)

NAME TELEPHONE NUMBER

AREA CODE NUMBER

c. CITY

5b. FOR INFORMATION CALL (NO COLLECT CALLS)

75 VIRGINIA BEACH DRIVE

NMFS Field Delegates

601 EAST 12TH STREET SUITE 1746

KANSAS CITY MO 64106

143031-26-00351333MF26Q0024

AMY GILLILAND

SE FISHER SCIENCE CTR/F/SEC

33149

04/23/2026

05/08/2026 1700 CD

MIAMI

FL

Period of Performance: 05/22/2026 to

12/31/2026

1 19

1333MF26Q0024 BASE

Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses Section X - List of Attachments

Section II - Supplies or Services and Price/Costs

CLIN List

Item Number Description Quantity Unit Unit Price Amount

UNIQUE ENTITY ID ______________________

CAGE CODE ____________

OFFEROR MAY SUBMIT THE QUOTE ON THIS

SF-18 FORM OR THEIR OWN COMPANY

FORM.

QUOTES WILL BE EVALUATED BASED ON (RFO

52.212-2) IN ATTACHED CLAUSES &

PROVISIONS. VENDORS WHO DO NOT

PROVIDE ALL EVALUATION CRITERIA WILL

NOT BE ACCEPTED.

THE OFFEROR MUST BE CURRENTLY

REGISTERED IN THE SYSTEM FOR AWARD

MANAGEMENT (SAM) TO BE ELIGIBLE FOR AN

AWARD.

QUOTES RECEIVED FROM CONTRACTORS

WHO ARE NOT ACTIVE IN SAM WILL NOT BE

CONSIDERED.

TOTAL SMALL BUSINESS SET-ASIDE,

FIRMFIXED PRICE PURCHASE ORDER TO BE

AWARDED TO THE BEST VALUE QUOTE.

Contractor shall provide (17) survey days in accordance with the statement of work Award Type: Firm-fixed-price Product/Service Code: V224 Requisition No: 143031-26-0035

Contractor shall provide (2) transit days in accordance with the statement of work Award Type: Firm-fixed-price Product/Service Code: V224 Requisition No: 143031-26-0035

Contractor shall provide internet for (2) surveys in accordance with the statement of work Award Type: Firm-fixed-price Product/Service Code: V224 Requisition No: 143031-26-0035

Section III - Description/Specifications

SOW Statement of Work

National Oceanic and Atmospheric Administration (NOAA)

NOAA FISHERIES

Atlantic and Caribbean Reef Fish (Population and Ecosystems Monitoring Division) National Coral Reef Monitoring Program Surveys in Florida Vessel for Performing Dive Survey Cruises in the Florida Keys Background/Overview:

I. As part of the National Coral Reef Monitoring Program (NCRMP), the Southeast Fisheries Science Center (SEFSC) conducts biennial surveys as part of a multi-agency effort to assess the fishes and corals along Florida’s Coral Reef Tract. The Florida Keys extend from Key West to Key Biscayne, Florida. All of the coral reefs in Florida are of great concern from a scientific and management standpoint and are closely monitored by multiple state and federal agencies. This contract supports extremely labor-intensive fish and benthic surveys in the Florida Keys with dive teams conducting many dives per leg of this survey. The Florida Keys dive operations are challenging due to many navigational hazards including, but not limited to, lobster pot buoys, channel and marine protected area markers, corals that rise to just beneath the sea surface, and high vessel traffic. In general, the Florida Keys reefs are nearshore and mooring or boat slip access should be available as needed.

II. Scope of Work Research live-aboard dive cruises to complete reef visual census (fish), coral demographic, and benthic assessment surveys. This data will be incorporated into the database for the National Coral Reef Monitoring program and other state and federal resource monitoring programs.

III. Tasks Task 1 Berthing and boarding for at least 10 divers for at least 10 consecutive days. One 7 dive day and one 10 dive day cruise are expected for a total quantity of 17 dive days plus one transit day per cruise.

Task 2 At least 3 meals per day must be provided where at least two are “hot” meals prepared on site.

Additional snacks (fruit, chips, etc.) must also be available to the divers throughout the day and night.

Task 3 Each diver must be provided with a bunk in a designated berthing area with a covering that limits visibility within the bunk.

Task 4 Vegetarian meals and meals to accommodate food allergies must be provided, if requested at least 2 weeks prior to the start of the mission.

Task 5 As all diving operations must conform to the NOAA diving standards, the vessel(s) must provide an experienced NOAA certified Divemaster, or allow agency personnel (e.g., designated NOAA Divemaster, Dive Safety Officer, or NOAA Unit Dive Supervisor) on the vessel's operational control of all diving operations.

Task 6 Vessel personnel are required to work with the individuals from NOAA to facilitate all dive operations and ensure that they are completed in a manner that conforms with industry standards or NOAA standards. Any concerns in safety by the vessel crew are required to be reported to the NOAA Chief Scientist, Divemaster, or Deck Boss immediately.

Task 7 Provide nitrox air for SCUBA tank fills throughout the diving day without having to cease dive operations. Dive fills or tank swaps +will be completed when a diver removes their 1st stage from the tank and notifies the designated crew member.

Task 8 The nitrox mix should be 32±2% at least 95% of the time.

Task 9 Air/nitrox used to fill the SCUBA tanks must meet NOAA standards as identified in the most recent Diving Safety Manual. If requested, provide NOAA’s Unit Diving Supervisor for the SEFSC a copy of air quality testing for all the compressors or nitrox systems to be used during the mission. Current air quality must have been tested within the previous 3 months (quarterly). Current standards are as follows:

NDSSM 5.3.5 AIR QUALITY STANDARDS

Breathing air for the NOAA Diving Program shall meet the minimum specifications as set for in OSHA regulations at 29 CFR 1910.430(b)(3). Stricter standards may be required by the NDCSB.

Constituent Specification Oxygen (percent by volume) 20-22% Carbon dioxide (by volume) 1000 ppm (max) Carbon monoxide (by volume) 10 ppm (max) Condensed hydrocarbons (as CH4 by volume) 25 ppm (max) Odor and taste Not objectionable Oil, mist, particulates 5 mg/m3 (max)

Task 10 Vessel(s) crew shall have experience working with “live-boat” operations as no anchoring will be allowed during diving activities, emergencies excluded. Anchoring may be permitted within designated areas when no dive operations are underway.

Task 11 The vessel (primary or alternate) must have a depth finder, topside support, and be able to take four divers to survey shallow depths (5 to 15ft).

Task 12 The vessel must be on location at the first dive location of the day and available for dive operations from 0730 to 1800.

Task 13 The vessel(s) will provide experienced dive personnel on-site for the entirety of the cruise familiar with the vessel operations and emergency plans.

Task 14 Must provide all standard dive-safety equipment required for chartered dive operations as per US Coast Guard. There must be a sufficient quantity of oxygen to supply one diver for the time required to transport them to a higher-level medical care facility or 12 hours whichever is less.

Task 15 Must provide deck space to accommodate required NOAA provided safety equipment, approximately 50ft2.

Task 16 The primary vessel must have 120V AC power and provide an area to accommodate the set-up by the research team of a portable, vessel-wide wireless network system for the duration of the mission. All divers must be able access the wireless network at any time dive operations are not occurring.

Task 17 The vessel(s) must be provisioned with appropriate first-aid and medical supplies including adequate supplies to provide basic medical support for animal bites, common injuries (including slips, trips, falls, sprains, strains) and illness (including seasickness, common cold, food borne illness, etc.) and at least one Automated External Defibrillator (AED) unit. Additional medical supplies required for suspected COVID cases described in the Special Requirements Section are also required.

IV. Period of Performance: Cruises are expected to occur between May 22nd and December 31, 2026. Scheduling will be dependent upon time of year (weather), SEFSC schedule, and contractor’s schedule.

V. Place of Performance: Aboard the contracted vessel and at port while loading/unloading the vessel.

VI. Deliverable Schedule:

1. Cruise scheduling can be adjusted to fit the operator's schedule; however, all cruises must be completed between May 22, 2026 and December 31, 2026.

2. The contractor will make the vessel available for loading at least 2 hours prior to departure.

3. Weather dependent, at least 90% of meals should be provided within one hour of the following times:

Breakfast- 0630, Lunch- 1200, Dinner-1900.

4. Vessel must be ready each day for diving operations within 30 minutes of the daily agreed upon start time. This will be approximately 0730; however, it will be dependent on time of year (available light) and the sampling schedule for the day.

VII. Government-Furnished Resources: The Government will not furnish any resources to the Contractor in support of this contract.

VIII. *SPECIAL REQUIREMENTS:

VIII. Applicable Standards Vessel must meet all United States Coast Guard requirements. All operators shall be currently licensed by the United States Coast Guard at the required level commensurate with the vessel they are operating.

X. Special Requirements

a. Confidentiality and Data Privacy This contract may require that services contractors have access to Privacy Information. Services contractors are responsible for maintaining confidentiality of all subjects and materials and may be required to sign and adhere to a Non-disclosure Agreement (NDA).

b. Intellectual Property Rights

All deliverables are the property of the U.S. Government. All documents, analyses, files (digital or other), reports, notes and photos are to be used only by Contractor personnel assigned to this purchase order.

Documents, files and other data are to be stored exclusively on Government owned equipment and at no point should be saved or archived on personal drives or devices. Copies are not to be disseminated to anyone outside of the NMFS or to any other contractor personnel without explicit release from the Government.

c.IT Security: The contractor will not require access to Federal Buildings, DOC Systems and includes an IT component.

d. Section 508 Compliance: Section 508 is not applicable

XI. Key Personnel Required Knowledge and Experience:

Dive Master experience: International or Professional Divemaster certification with experience in vessel operations and emergency plans.

Boat Captain experience: Captain must have appropriate US Coast guard certifications and 2 or more years of experience “live boating”.

Section IX - Contract Clauses

Clauses Incorporated by Reference Clause Number Clause Title

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

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)

52.204-7 SYSTEM FOR AWARD MANAGEMENT-REGISTRATION.

(NOV 2024) (Deviation JAN 2026)

52.204-13 SYSTEM FOR AWARD MANAGEMENT-MAINTENANCE.

(OCT 2018) (Deviation JAN 2026)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY

OR SERVICES. (MAY 2014) (Deviation JAN 2026)

52.209-2

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS-REPRESENTATION. (NOV

2015) (Deviation JAN 2026)

52.209-10

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS. (NOV 2015) (Deviation JAN 2026)

52.209-11

REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW. (FEB 2016) (Deviation JAN 2026)

52.212-1

INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES. (SEP 2023) (Deviation JAN 2026)

52.212-4

TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES. (NOV 2023) (Deviation JAN 2026)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV

2020) (Deviation JAN 2026)

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION. (JAN 2025) (Deviation JAN 2026)

52.222-3 Convict Labor. (JUN 2003)

52.222-19 CHILD LABOR-COOPERATION WITH AUTHORITIES AND

REMEDIES. (JAN 2025) (Deviation JAN 2026)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES.

(JUN 2020) (Deviation JAN 2026)

52.222-50 COMBATING TRAFFICKING IN PERSONS. (OCT 2025)

(Deviation JAN 2026)

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

52.232-18 Availability of Funds. (APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

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

52.233-3 PROTEST AFTER AWARD. (AUG 1996) (Deviation JAN

Clause Number Clause Title 2026)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM.

(OCT 2004) (Deviation JAN 2026)

52.240-90

SECURITY PROHIBITIONS AND EXCLUSIONS

REPRESENTATIONS AND CERTIFICATIONS. (Deviation JAN 2026)

52.249-1 Termination for Convenience of the Government (Fixed- Price) (Short Form). (APR 1984)

Standard Language UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION

The Department of Commerce will utilize the FedConnect® web portal in administering this award. The contractor must be registered in FedConnect® and have access to the FedConnect® website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net. There is no charge for registration in or use of FedConnect®.

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

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

CAR 1352.209-73 Compliance with the laws. (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

(End of clause)

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

(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage.

Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

(End of clause)

CAR 1352.213-70 Evaluation utilizing simplified acquisition procedures. (APR 2010)

The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. The following factors will be used to evaluate quotations:

1) Technical Approach - quote shall meet or exceed the specified requirements stated in the Statement of Work.

2) Experience 3)Cost/Price

(1) Personnel Qualifications. The experience, education, and qualifications of personnel proposed to work on the contract will be evaluated to determine their ability to perform their proposed duties.

(2) Technical Approach and Capability. The offeror's approach to performing contract requirements and its capability to successfully perform the contract will be evaluated.

(3) Past Performance. The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction.

(4) Price.

(End of clause)

CAR 1352.215-72 Inquiries. (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to amy.gilliland@noaa.gov.

Questions should be received no later than 5 calendar days after the issuance date of this solicitation.

Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(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:

Amy Gilliland 1315 East-West Hwy Silver Spring, VA 20910

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: BRAD WILLIS NOAA Acquisition and Grants Office Policy and Oversight Division Field Delegate Program Manager bradley.willis@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.

(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)

NOAA Acquisition Manual 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT

PREVENTION AND RESPONSE POLICY (MAY 2018)

In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy, it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NOAA prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for NOAA.

(a) Definitions.

Contractor Employees - The term “contractor employees,” as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members.

Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim.

Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true:

● Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment;

● Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

● The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient’s sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures.

(b) Requirements.

1. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment.

2. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor.

3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the COR, subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6.07, Reporting from Remote Locations.

4. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants’ needs are addressed.

5. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor’s written policy (where applicable).

6. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within 30 business days (30 unless a different number is inserted) of contract award or the date a contractor employee is assigned to perform under the contract, as applicable.

Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion.

Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance.

7. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA’s Workplace Violence Program Manager. A link to the website including the required elements of the training is provided at https://www.noaa.gov/organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed.

8. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training.

9. NOAA’s Workplace Violence Program Manager, COR, or CO may periodically review the contractor’s training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor.

10. Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of NAO 202-1106.

11. The contractor shall provide a copy of this solicitation and contract language and NAO 202-1106 to contractor employees.

(c) Sexual Assault/Sexual Harassment (SASH) Helpline.

For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee.

All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week. The NOAA SASH helpline is accessible through a variety of channels, including:

● Phone: 1-866-288-6558

● Website & Online Chat: https://www.noaasashhelpline.org/

● Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores)

● Text: (202) 335-0265

(d) Confidentiality.

Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. “Confidentiality” means that the information shall only be shared with others who have a need to know the information to conduct their official duties.

(e) Remedies.

In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in:

1. Requiring the contractor to remove a contractor employee or employees from the performance of the contract;

2. Requiring the contractor to terminate a subcontract;

3. Suspension of contract payments until the Contractor has taken appropriate remedial action;

4. Termination of the contract for default or cause, in accordance with the termination clause of this contract;

5. Suspension or debarment; or

6. Other appropriate action.

(End of solicitation and contract language)

NOAA Acquisition Manual 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2023)

The Contractor must submit payment requests electronically through the U.S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR 52.232-25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)).

The Contractor must include the following documents as attachments to payment requests submitted through the IPP: Invoice.

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the Contracting Officer for more information about requesting an exception.

(End of solicitation and contract language)

NOAA Acquisition Manual 1330-52.237-70 CONTRACTOR COMMUNICATIONS

(a) A contractor employee shall be identified both by the individual’s name and the contractor’s name when:

● Included in NOAA’s locator, and

● When submitting any type of electronic correspondence to any NOAA employee or stakeholder.

(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.

(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.

(End of solicitation and contract language)

NOAA Acquisition Manual 1330-52.237-71 NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-

PERSONAL SERVICES CONTRACT (SEPT 2017)

(a) The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services as defined in FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

1. Be placed in a position where they are under relatively continuous supervision and control of a Government employee.

2. Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other contractors performing under other NOAA contracts.

(c) The services to be performed under this contract do not require the contractor or the contractor’s personnel to exercise personal judgment and discretion on behalf of the Government. Rather, the contractor’s personnel will act and exercise personal judgment and discretion on behalf of the contractor.

(d) Rules, regulations, directives, and requirements that are issued by the Department of Commerce and NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(e) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies:

1. The contractor shall notify the contracting officer in writing within 5 business days from the date of any situation or occurrence where the contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance.

2. The contracting officer will review the information provided by the contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the contractor. The contracting officer’s response will provide a decision on whether the contracting officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue.

(End of solicitation and contract language)

RFO 52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (NOV 2021)

(Deviation JAN 2026)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

1) Technical Approach - quote shall meet or exceed the specified requirements stated in the Statement of Work.

2) Experience 3)Cost/Price

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.