Sol_1333MF26Q0115.pdf

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

143031-26-01481333MF26Q0115

SHAWANA RANDOLPH

SE FISHER SCIENCE CTR/F/SEC

33149

09/10/2026

09/17/2026 1300 ED

Multiple

MIAMI

FL

NOTICE: THE GOVERNMENT DOES NOT ACCEPT

RESPONSIBILITY FOR NON-RECEIPT OF

QUOTES. IT IS THE CONTRACTOR’S

RESPONSIBILITY TO REQUEST A CONFIRMATION

OF THE QUOTE RECEIPT.

UNIQUE ENTITY ID ______________________

CAGE CODE ____________

OFFEROR MAY SUBMIT THE QUOTE ON THIS

SF-18 FORM OR THEIR OWN COMPANY FORM.

QUOTES WILL BE EVALUATED BASED ON (RFO

52.212-2) IN ATTACHED CLAUSES &

PROVISIONS. VENDORS WHO DO NOT PROVIDE

Continued...

1 31

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

1333MF26Q0115

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.

1333MF26Q0115 BASE

Section II - Supplies or Services and Price/Costs Section III - Description/Specifications Section IX - Contract Clauses Section XII - Instructions, Conditions, and Notices to Bidders

Section II - Supplies or Services and Price/Costs

Item/Sub Number Description Quantity Unit of

Issue Unit Price Total Item Amount

Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary to perform deployment and retrieval of standard fishing gear to collect biological samples from commercially important reef fishes, including, but not limited to, snappers, groupers, grunts, and wrasses in waters surrounding Puerto Rico (20 days at sea) and providing the required documentation to the Sustainable Fisheries Division in accordance with the statement of work.

POP: Date of award through December 31, 2027

20 DA

Option 1: Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary to perform deployment and retrieval of standard fishing gear to collect biological samples from commercially important reef fishes, including, but not limited to, snappers, groupers, grunts, and wrasses in waters surrounding Puerto Rico (20 days at sea) and providing the required documentation to the Sustainable Fisheries Division in accordance with the statement of work. POP September 1, 2027 - December 31, 2028

20 DA

Option 2: Services, non-personal, to provide all labor, equipment and materials (unless otherwise provided herein) necessary to perform deployment and retrieval of standard fishing gear to collect biological samples from commercially important reef fishes, including, but not limited to, snappers, groupers, grunts, and wrasses in waters surrounding Puerto Rico (20 days at sea) and providing the required documentation to the Sustainable Fisheries Division in accordance with the statement of work. September 1, 2028 - December 31, 2029

20 DA

Section III - Description/Specifications

STATEMENT OF WORK (SOW)

STATEMENT OF WORK

National Oceanic and Atmospheric Administration (NOAA)

NOAA FISHERIES

Sustainable Fisheries Division

GATHERING ESSENTIAL LIFE HISTORY INFORMATION IN COOPERATION WITH LOCAL FISHING

COMMUNITIES IN PUERTO RICO TO ENHANCE STOCK ASSESSMENT

I. Background/Overview:

The NOAA Fisheries Southeast Fisheries Science Center (SEFSC) is seeking to improve scientific information for the management of fisheries in Puerto Rico to ensure their cultural, economic, and ecological sustainability. Implementing annual catch limits (ACLs) is hindered by the lack of adequate biological information and catch monitoring in these small-scale, multi-species, multi-gear fisheries that therefore require complex methods and indices to assess.

Since the 2007 reauthorization of the Magnuson-Stevens Act (MSA), shortcomings in the Caribbean stock assessments have become apparent. This region has more managed species than continental US fisheries and insufficient support for monitoring has led to high uncertainty about landings. There is a lack of biological information and fishery independent data for these stocks. These limits on the scientific information to support accurate and timely resource management decisions, threatens the economic and cultural vitality of these communities as well as the sustainability of the territorial fisheries. If these stocks are to be managed with confidence, as mandated by MSA, NOAA must make this focused investment in territorial fisheries science.

Without this investment, NOAA will continue to lack the scientific information needed to meet its regulatory mandates under MSA and ESA, diminishing its reputation among stakeholders and its ability to manage stocks, continuing uncertainty and unnecessary economic burdens on Commonwealth communities. Stock status of many Commonwealth fisheries populations will remain unknown, potentially leading to overfishing and closures, as well as possible ESA petitions and listings.

Commonwealth communities, particularly those dependent on subsistence fishing, may experience the loss of vital marine resources with severe economic and cultural consequences.

The Southeast Fisheries Science Center (SEFSC) Miami laboratory was recently awarded funding through the Cooperative Research Program (CRP) to complete a project utilizing a working relationship with commercial fishers to use low cost methods to gain information regarding life history of commercially important species in Puerto Rico. This project will leverage the support of an existing CRP Spiny Lobster project that was built upon an initiative developed by the commercial fishers of Puerto Rico. The lobster CRP has built working relationships with commercial fishers to provide vessels for sampling operations and the proposed study will utilize that network to facilitate sample collection.

This project will utilize a scientific and technical consulting service to coordinate, obtain, and pay for the services of three to six separate commercial fishing vessels to conduct fieldwork in Puerto Rico.. Fishing vessels with onboard observers will deploy standard fishing gear to collect essential life history information, which is vital for stock assessments, of commercially fished and federally regulated reef fishes, such as snappers, groupers, grunts, and wrasses.

II. Scope of Work

The scientific and technical consulting contractor shall hire and provide vessels, captains, observers, and observer training that meet the specifications outlined in this document to NOAA fisheries. The vessels will be used in performing deployment and retrieval of standard fishing gear to collect biological samples from commercially important reef fishes, including, but not limited to, snappers, groupers, grunts, and wrasses in waters surrounding Puerto Rico. NOAA fisheries is not responsible for fishing gear including line, traps, nets, floats, or weights. In addition, the vessel daily rate will include services of captain, observer on board, fuel for commercial vessel to complete the scientific work, and cost of bait for the scientific work. The vessels will be required for 20 days, but days do not need to be concurrent.

The life history survey will be scheduled for monthly sampling, depending on weather or any other complication, to account for seasonality in each region (north, west and/or south) of Puerto Rico. Two observers will be required in order to collect biological samples regarding species-specific maturity, age, and growth, such as gonad tissues, length measurements, and otoliths, location information, and to document the collected data for a maximum of 40 days.

III. Tasks As an overall guide, the life history project will utilize fisher, observer, and contractor expert opinion to determine initial sampling locations and fishing gears in collaboration with SEFSC scientists. As more data are collected and analyzed, those data will be used to further inform the survey design in collaboration with SEFSC scientists. The following activities will be carried out in collaboration with SEFSC scientists:

1. Scoping/Planning Meetings:

A. The contractor, participating fishers, observers, and SEFSC personnel will discuss the program sampling plan and procedures. The outcomes of these meetings will be considered to improve the sampling design and protocols.

B. SEFSC personnel will provide the sampling design to the contractor based upon the results of the meetings described in 1A.

2. Collection of Life History Data A. Permitting - Exempted Fishing Permit (EFP) through NOAA National Marine Fisheries will be obtained by SEFSC staff if needed. Permission for Scientific Purposes Permit through the Puerto Rico Department of Natural and Environmental Resources will be acquired by the contractor as necessary.

B. Sampling locations – The SEFSC, contractor, and participating fishers will collaborate to develop a comprehensive list of sampling locations.

C. Season – This survey will investigate potential changes in life history data at sampling locations with respect to season, depending on weather, management and any other complication.

D. Sampling protocols and data forms – The contractors, participating fishers, and SEFSC staff will collaborate to develop sampling protocols and data collection forms for obtaining and recording necessary information for estimating species-specific maturity, age, and growth, including, but not limited to, gonad tissues, length measurements, and otoliths of commercially important reef fishes, such as snappers, groupers, grunts, and wrasses in waters surrounding Puerto Rico. The protocols will define exactly what each observer should do when on site.

E. Sampling equipment and supplies – The contractor will purchase the field equipment and non-chemical biological supplies, including, but not limited to, handheld CTD or similar, jars, and small plastic bags, for collecting and shipping biosamples. The SEFSC personnel will purchase supplies and materials for collecting biological samples that the contractor cannot purchase, such as, but not limited to, chemicals like formalin. The final list of necessary items for the survey will be determined in collaboration between the SEFSC personnel and contractor.

F. Training of field personnel - The contractor, with the support of SEFSC personnel, will train personnel in sampling methodologies and ensure that observers can adequately identify species frequently encountered. Onboard sampling will likely require observers to work outside of normal working days and hours. The anticipated personnel requirements for the field aspect of this project are two full time field technicians or equivalent for four sampling periods per year at 4–6 days per sampling period.

G. Data entry system, QA/QC measures – The SEFSC will work with the contractor to develop a data entry system for the sampling project. The contractor will train field personnel in its use.

The contractor and SEFSC personnel will serve as the local database manager. The contractor and SEFSC will jointly develop QA/QC procedures.

H. Oversight – The contractor and the SEFSC will collaborate to develop oversight procedures for verifying that assignments are being conducted appropriately.

I. Monthly progress meetings - Monthly progress meetings between contractor and SEFSC staff will be conducted via conference calls. These meetings will serve to update SEFSC staff and discuss any modifications to procedures.

J. Anticipated Local Travel Requirements – Local travel costs are anticipated to include transport of observers to and from sampling locations.

3. Analyses and Reporting of Data A. All raw data shall be provided to SEFSC. This will include digital scans of field data sheets and any other material such as photos.

B. SEFSC will be the lead partner responsible for analysis and reporting of the data. Analytical results will be shared with the contractor.

C. The SEFSC will be responsible for developing the statistical survey design.

D. The SEFSC, in collaboration with the contractor, will produce an annual project report summarizing all project activities and findings.

IV. Period of Performance

Base Period of performance will be Date of Award (DOA) – August 31, 2027 with two option periods:

September 1, 2027 - August 31, 2028; and September 1, 2028 - August 31, 2029. Work will be completed within 12 months of contract award date with an additional 90 day period for final report writing.

Place of Performance The contract work shall be performed at the scientific and technical consulting entities facility in Puerto Rico. The fieldwork will take place aboard three to six separate commercial fishing vessels in the north, west and south regions of Puerto Rico’s waters. The sampling regions will be further defined in discussion.

V. Deliverable Schedule Deliverable Description Quantity/Media Completion Due Date

A list of final sampling locations and summary of outcomes from Scoping/Planning meetings and results of Task/Activity 1A, 2B.

As applicable

DOA – 10/31/2026

Option Year 1 09/01/2027 - 10/31/2027 Option Year 2 09/01/2028 - 10/31/2028

An initial sampling design for implementation of a survey study for the life history project (Task/Activity 1B).

As applicable

DOA – 10/31/2026

Option Year 1 09/01/2027 - 10/31/2027 Option Year 2

09/01/2028 - 10/31/2028

Provide sampling protocols and data forms prior to implementation of the study (Task/Activity 2D).

As applicable

DOA – 11/30/2026

Option Year 1 09/01/2027 - 11/30/2027 Option Year 2 09/01/2028 - 11/30/2028

Raw data entered into the database monthly as the project progresses (Task/Activity 3A).

As applicable

DOA – 12/31/2027

Option Year 1 09/01/2027 - 12/31/2028 Option Year 2 09/01/2028 - 12/31/2029

5 Annual project reports (Task/Activity 3D). As applicable

DOA – 12/31/2027

Option Year 1 09/01/2027 - 12/31/2028 Option Year 2 09/01/2028 - 12/31/2029

VI. Government-Furnished Resources The Government will purchase supplies and materials for collecting biological samples that the contractor cannot purchase, such as, but not limited to, chemicals like formalin.

VII. Security Requirements NA VIII. Applicable Standards NA

IX. Special Requirements

a. 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.

b. IT Security The contractor will not require access to Federal Buildings, DOC Systems and does not include an IT component.

c. Section 508 Compliance Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L. 105-220 under Title IV (Rehabilitation Act Amendments of 1998), all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194.

The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

http://www.access-board.gov/ http://www.section508.gov/

X. Required Knowledge and Experience:

Contractor must have knowledge and experience with the local registered commercial fishing vessels in Puerto Rico.

XI. INVOICES MUST BE SUBMITTED IN ARREARS

Per NAM 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)). All invoices are to be submitted in arrears per 31 U.S.C. § 3324.

Advance payments are prohibited by 31 U.S.C. § 3324, which provides that, except as provided by a specific appropriation or other law, “a payment under a contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered.” The primary purpose of 31 U.S.C. § 3324 is to protect the Government against the risk of nonperformance (or refusal to refund moneys) by the contractor after receipt of payment. See 22 Comp. Gen. 834, 835 (1946). In its simplest terms, the statute prohibits the Government from paying for goods before they have been received or for services before they have been rendered.

The Contractor must include the following documents as attachments to payment requests submitted through the IPP: progress reports 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 Clause) https://www.ipp.gov/

Section IX - Contract Clauses

Clause List

Local Clause: Deobligation of Remaining Residual Balances Local Clause: Deobligation of Remaining Residual Balances

The Department of Commerce may closeout a contract utilizing RFO 4.308 procedures following the agency's determination that the contract has been physically completed and that final payment has been made to the contract. Physical completion occurs when all option provisions have expired, and the contractor has completed all required deliveries and/or services, which the Government has inspected and accepted. As part of the administrative closeout procedures, the contractor and the Government agree that Unliquidated Obligations (ULOs) less than $1,000 (unless a different value is separately negotiated between the Government and the contractor) remaining on the contract/order are considered residual obligations and may be deobligated. The Government intends to unilaterally deobligate any residual obligations 90 days after each performance period. Prior to doing so, the Contracting Officer (or Administrative Contracting Officer) will notify the contractor of the residual balance and ask the contractor to confirm within fourteen (14) days that all invoices for the completed period of performance have been submitted and processed for payment. Upon confirmation by the contractor or in the event of a non-response or failure to respond to the Contracting Officer’s notification of the residual balance within fourteen (14) days after notification, the Contracting Officer will unilaterally deobligate the residual balance from the identified contract/order line item number(s) for that contract/order period of performance.

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®.

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

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

(JAN 2017)

RFO 52.204-13 SYSTEM FOR AWARD MANAGEMENT-MAINTENANCE. (OCT 2018) (Deviation JAN 2026)

RFO 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015) (Deviation JAN 2026)

RFO 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (NOV 2020) (Deviation JAN 2026)

FAR 52.222-3 Convict Labor. (JUN 2003)

RFO 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) (Deviation JAN 2026)

RFO 52.222-50 COMBATING TRAFFICKING IN PERSONS. (OCT 2025) (Deviation JAN 2026)

RFO 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (JAN 2022)

RFO 52.223-23 Sustainable Products. (MAY 2024) ((DEVIATION Jan 2026))

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

FAR 52.227-17 Rights in Data--Special Works. (DEC 2007)

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

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

RFO 52.233-3 PROTEST AFTER AWARD. (AUG 1996) (Deviation JAN 2026)

RFO 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) (Deviation JAN 2026)

RFO 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS. (Deviation JAN 2026)

RFO 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (OCT

2025) (Deviation JAN 2026)

RFO 52.212-4 TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES. (NOV 2023) (Deviation JAN 2026)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.

3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall-

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon-

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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 clause 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.

(u) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

RFO 52.217-9 Option To Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years.

(End of clause)

RFO 52.222-90 Addressing DEI Discrimination by Federal Contractors ((DEVIATION April 2026))

(a) Definitions. As used in this clause-

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

RFO 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

(End of clause)

RFO 52.252-6 Authorized Deviations in Clauses. (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.

(b) The use in this solicitation or contract of any Commerce Acquisition Regulation (48 CFR 1352) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.

(End of clause)

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

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

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

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:

National Marine Fisheries Service Attn: Branch Chief MB Field Delegates, Acq. Services Division 1315 East West Highway, Floor 14 Silver Spring, MD 20910

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NOAA Acquisition and Grants Office Policy and Oversight Division Field Delegate Program Manager 601 E 12th St. Suite 1746, Kansas City, MO 64106

(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 [ ] 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.