Solicitation 1305M325R0002.pdf

1305M325R0002

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 85

C. E-MAIL ADDRESS

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

12/05/2024 X

WAD-OAR

WAD-OAR

325 BROADWAY, SOU6

BOULDER CO 80305

1500 MS 02/24/2025

JULIA HAMILTON

JULIA.L.HAMILTON@NOAA.GOV

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

1-3 7-8

12-17 18-19 20-28

29-47

49-59

60-79

80-85

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _____365_________ calendar days (60 calendar days unless a different period is inserted

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 85

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1305M325R0002

(A) (B) (C) (D) (E) (F)

Phased Array Radar Test Article For Weather

Observation Risk Reduction Activation

1001 Task 1 - Radar Test Article (RTA)

Unit: Task

Quantity: 1

Fixed fee: __%, $____________

Period of Performance: 09/11/2025 to 09/10/2028

Anticipated Award Type: Cost-plus-fixed-fee

2001 Task 2 - Radar Task Facility (RTF)

Unit: Task

Quantity: 1

Fixed fee: __%, $____________

Period of Performance: 09/11/2025 to 09/10/2028

Anticipated Award Type: Cost-plus-fixed-fee

3001 Task 3 - Installation and Integration of RTA

Unit: Task

Quantity: 1

Fixed fee: __%, $____________

Period of Performance: 09/11/2025 to 09/10/2028

Anticipated Award Type: Cost-plus-fixed-fee

4001 Task 4 - Documentation and Training

Period of Performance: 09/11/2025 to 09/10/2028

Anticipated Award Type: Firm-fixed-price

Continued ...

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 85

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

1305M325R0002

(A) (B) (C) (D) (E) (F)

5101 Task 5 - Support and Maintenance

Option Period 1

Anticipated Award Type: Time-and-materials

(Option Line Item)

Period of Performance: 09/11/2028 to 09/10/2029

5201 Task 5 - Support and Maintenance

Option Period 2

Anticipated Award Type: Time-and-materials

(Option Line Item)

Period of Performance: 09/11/2029 to 09/10/2030

5301 Task 5 - Support and Maintenance

Option Period 3

Anticipated Award Type: Time-and-materials

(Option Line Item)

Period of Performance: 09/11/2030 to 09/10/2031

5401 Task 5 - Support and Maintenance

Option Period 4

Anticipated Award Type: Time-and-materials

(Option Line Item)

Period of Performance: 09/11/2031 to 09/10/2032

5501 Task 5 - Support and Maintenance

Option Period 5

Anticipated Award Type: Time-and-materials

(Option Line Item)

Period of Performance: 09/11/2032 to 09/10/2033

OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

NSN 7540-01-152-8067

1305M325R0002 Phased Array Radar

Table of Contents

PART I – THE SCHEDULE

SECTION A – SOLICITATION FORM 1

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS 7

B.1 GENERAL 7

B.2 CONTRACT LINE ITEM NUMBERs (CLINs) 7

B.3 AFFORDABILITY STATEMENT 8

B.4 %APPLICABILITY OF WAGE RATE REQUIREMENTS (CONSTRUCTION) 8

B.5 %DISCLOSURE OF MAGNITUDE 8

B.6 %BID GUARANTEE AND PERFORMANCE AND PAYMENT BONDS 8

B.7 UTILIZATION OF FEDCONNECT® FOR CONTRACT ADMINISTRATION 8

SECTION C – DESCRIPTION / SPECIFICATIONS / PERFORMANCE WORK STATEMENT 9

SECTION D – PACKAGING AND MARKING 10

SECTION E – INSPECTION AND ACCEPTANCE 11

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 11

E.2 CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) 11

E.3 METHODS OF SURVEILLANCE 11

E.4 RESPONSIBILITY FOR INSPECTION AND ACCEPTANCE 11

SECTION F – DELIVERIES OR PERFORMANCE 12

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 12

F.2 % FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) 12 F.3 % ADDENDUM TO FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (AUG 1984) 12

F.4 CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010) 12

F.5 NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005) 13

F.6 @OBSERVANCE OF LEGAL HOLIDAYS 16

F.7 CPARS REGISTRATION 17

F.8 COMMERCE LANGUAGE - NOVATION AGREEMENT FOR ACQUIRING CERTAIN INFORMATION

TECHNOLOGY (SEPT 2015) 17

SECTION G – CONTRACT ADMINISTRATION DATA 18

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 18

G.2 CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010) 18

G.3 CAR 1352.237-74 PROGRESS REPORTS (APR 2010) 18

G.4 NAM 1330-52.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2023) 18

SECTION H – SPECIAL CONTRACT REQUIREMENTS 20

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE 20

H.2 CAR 1352.216-70 ESTIMATED AND ALLOWABLE COSTS (APR 2010) 20

H.3 CAR 1352.228-70 INSURANCE COVERAGE (APR 2010) 20

H.4 CAR 1352.237-75 KEY PERSONNEL (APR 2010) 21

H.5 NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015) 21 H.6 NAM 1330-52.208-70 SUBCONTRACTING WITH ABILITYONE NONPROFIT ORGANIZATIONS (DEC 2022) 22

H.7 NAM 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND

RESPONSE POLICY (MAY 2018) 22

H.8 @ NAM 1330-52.232-70 NOAA LIMITATION OF FUNDS ON TIME-AND-MATERIALS AND LABOR-

HOUR CONTRACTS (MAY 2015) (applicable to T&M CLINs only) 24

H.9 NAM 1330-52.237-70 CONTRACTOR COMMUNICATIONS 25

H.10 NAM 1330-52.237-71 NOAA GOVERNMENT-CONTRACTOR RELATIONS – NON-PERSONAL

SERVICES (SEPT 2017) 25

H.11 @NAM 1330-52.237-72 CONTRACTOR ACCESS TO NOAA FACILITIES (SEPT 2017) 26

H.12 NAM 1330-52.243-70 REQUESTS FOR EQUITABLE ADJUSTMENT (OCT 2017) 27

PART II – CONTRACT CLAUSES 29

SECTION I – CLAUSES AND CONTRACT LANGUAGE 29

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 29

I.2 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) 33

I.3 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 34

I.4 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 34

I.5 FAR 52.222-55, MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026

[DEVIATION (OCT 2023)] 34

I.6 %FAR 52.228-11 INDIVIDUAL SURETY-PLEDGE OF ASSETS (FEB 2021) (DEVIATION MAY 2023) 37 I.7 %FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (JUN 2020) (DEVIATION

MAY 2023) 38

I.8 ^FAR 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984) 39

I.9 FAR 52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012) 39

I.10 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(MAR 2023) 42

I.11 % FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) ALTERNATE

II (APR 1984) 42

I.12 FAR 52.243-7 NOTIFICATION OF CHANGES (JAN 2017) 43

I.13 &FAR 52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAY 2001) 44

I.14 FAR 52.246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE

SPECIFICATIONS OR DESIGN CRITERIA (MAY 2001) 45

I.15 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) 47

I.16 @CAR 1352.216-77 CEILING PRICE (APR 2010) 47

I.17 INCORPORATION OF SUBCONTRACTING PLAN 47

PART III – LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS 48

SECTION J – LIST OF ATTACHMENTS 48

PART IV – REPRESENTATIONS AND INSTRUCTIONS 49

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS 49

K.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE 49

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2024) 49

K.3 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) 51

K.4 FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION

(OCT 2020) 53

K.5 FAR 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS -

REPRESENTATION AND DISCLOSURES (DEC 2023) 53

K.6 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 54

K.7 FAR 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2018) 55

K.8 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATIONS

(NOV 2021) 55

K.9 FAR 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER

SOFTWARE (DEC 2007) 56

K.10 FAR 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (JUNE 2020) 57 K.11 FAR 52.230-7 PROPOSAL DISCLOSURE - COST ACCOUNTING PRACTICE CHANGES (APR 2005) 58

K.12 FAR 52.234-3 NOTICE OF EARNED VALUE MANAGEMENT SYSTEM-POST AWARD POSTAWARD

INTEGRATED BASELINE REVIEW (NOV 2016) 59

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS 60

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 60

L.2 FAR 52.216-1 TYPE OF CONTRACT (APR 1982) 60

L.3 %FAR 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) 60

L.4 %FAR 52.228-1 BID GUARANTEE (SEPT 1996) 61

L.5 FAR 52.232-28 INVITATION TO PROPOSE PERFORMANCE-BASED PAYMENTS (MAR 2000) 61

L.6 FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) 62

L.7 %FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) 62

L.8 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) 63

L.9 CAR 1352.215-70 PROPOSAL PREPARATION (APR 2010) 63

L.10 CAR 1352.215-71 INSTRUCTIONS FOR ORAL PRESENTATIONS. (APR 2010) 75

L.11 CAR 1352.215-72 INQUIRIES. (APR 2010) 76

L.12 CAR 1352.233-70 AGENCY PROTESTS. (APR 2010) 76

L.13 CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS. (APR 2010) 77

L.14 CAR 1352.239-71 ELECTRONIC AND INFORMATION TECHNOLOGY. (APR 2010) 77

L.15 COMMERCE LANGUAGE - NOTICE OF SUPPLY CHAIN RISK ASSESSMENT (SEPT 2015) 78

L.16 COMMERCE LANGUAGE - NON DESTRUCTIVE AND DESTRUCTIVE TESTING (SEPT 2015) 78

L.17 COMMERCE LANGUAGE - SUPPLY CHAIN RISK ASSESSMENT INFORMATION (SEPT 2015) 78

SECTION M – EVALUATION FACTORS FOR AWARD 80

M.1 FAR 52.217-5 EVALUATION OF OPTIONS (JUL 1990) 80

M.2 CAR 1352.215-74 BEST VALUE EVALUATION. (APR 2010) 80

M.3 CAR 1352.215-75 EVALUATION CRITERIA. (APR 2010) 80

M.4 COMMERCE LANGUAGE - EVALUATION OF SUPPLY CHAIN RISK ASSESSMENT INFORMATION

(SEPT 2015) 85

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL

This requirement is for a Phased Array Radar (PAR) Test Article and ancillary items for the Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), Office of Oceanic and Atmospheric Research (OAR) National Severe Storms Laboratory (NSSL). The applicable North American Industry Classification System (NAICS) code is 334519, “Other Measuring and Controlling Device Manufacturing.”

This is a non-commercial contract executed under FAR Part 15, Contracting by Negotiation. Certain clauses/provisions are only applicable to specific CLINs, as delineated below. Note, clauses/provisions without a delineation apply to multiple CLINs.

& Delineates clauses only applicable to CLIN 1001/task one (1) RTA (FAR Part 16.306 - Cost-plus-fixed-fee (CPFF);

Supply) % Delineates clauses only applicable to CLIN 2001/task two (2) RTF (FAR Part 36 - Construction and FAR 16.306 - CPFF; Construction) ^ Delineated clauses only applicable to CLIN 3001/task three (3) Installation and Integration of RTA (FAR 16.306 - CPFF; Services) # Delineates clauses only applicable to CLIN 4001/task three (4) Documentation and Training (FAR Part 16.2 - Firm- Fixed-Price (FFP); Services) @ Delineates clauses only applicable to CLINs 5101-5501/task five (5) Support and Maintenance (FAR Part 16.6 -Time-and-Materials (T&M))

B.2 CONTRACT LINE ITEM NUMBERs (CLINs)

CLIN

Task Task Period of Performance

Contract Type

1001 One (1) RTA

Three (3) year base period

CPFF 2001 Two (2) RTF (including construction)

3001 Three (3) Installation and Integration of RTA

4001 Four (4) Documentation and Training FFP

5101 Five (5) Support and Maintenance to include Other Direct Costs (ODCs):

Option Period One (1)

Five (5) one-year option periods T&M

5201 Five (5) Support and Maintenance to include ODCs:

Option Period Two (2)

5301 Five (5) Support and Maintenance to include ODCs:

Option Period Three (3)

5401 Five (5) Support and Maintenance to include ODCs:

Option Period Four (4)

5501 Five (5) Support and Maintenance to include ODCs:

Option Period Five (5)

B.3 AFFORDABILITY STATEMENT

The Government is seeking a PAR solution at less than $88.5M (for CLINs 1001, 2001, 3001, & 4001). Currently, $70M is appropriated to fund this project's initial efforts, and House and Senate marks currently provide at least $18.5M in their FY25 appropriations reports. However, the Government may select an offer for award with a price below, at, or exceeding this figure if it finds that offer provides the best value, is in the best interest of the Government, and funds are available for award. The Optional Support and Maintenance CLINs (5100-5500) are not included in these figures.

B.4 %APPLICABILITY OF WAGE RATE REQUIREMENTS (CONSTRUCTION)

Wage Rate Requirements (Construction), formerly known as the Davis-Bacon Act, now codified at 40 U.S.C. chapter 31, is applicable to this contract. See FAR 52.222-6 Construction Wage Rate Requirements.

B.5 %DISCLOSURE OF MAGNITUDE

In accordance with FAR 36.204 the disclosure of magnitude is more than $10,000,000.00.

B.6 %BID GUARANTEE AND PERFORMANCE AND PAYMENT BONDS

All Offerors must furnish a bid guarantee in accordance with Section L.4, FAR 52.228-1 BID GUARANTEE.

Performance and payment bonds are required for this procurement. The awardee must furnish the required performance and payment bonds within ten (10) calendar days after contract award. Refer to Section I for additional bonding requirements.

B.7 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®.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.fedconnect.net/Fedconnect/ mailto:support@fedconnect.net

SECTION C – DESCRIPTION / SPECIFICATIONS / PERFORMANCE WORK STATEMENT

The Performance Work Statement (PWS) including all drawings, specifications, and addenda (if applicable) are included as attachments to this document as indicated in Section J, List of Attachments.

SECTION D – PACKAGING AND MARKING

This section is intentionally left blank.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

& FAR 52.246-3 Inspection of Supplies – Cost-Reimbursement (MAY 2001) ^ FAR 52.246-5 Inspection of Services – Cost-Reimbursement (APR 1984) # FAR 52.246-4 Inspection of Services – Fixed-Price (AUG 1996)

@ FAR 52.246-6 Inspection – Time-and-Material and Labor-Hour (MAY 2001) % FAR 52.246-12 Inspection of Construction (AUG 1996)

E.2 CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

PAR Site 35°14'06.8"N 97°27'55.6"W Norman, OK 73069

E.3 METHODS OF SURVEILLANCE

Quality Assurance Surveillance Plan (QASP) to be incorporated at time of award.

E.4 RESPONSIBILITY FOR INSPECTION AND ACCEPTANCE

The Contracting Officer’s Representative (COR), as appointed/designated by letter per the information listed in Section G of this document, is the Government's official responsible for inspection and acceptance of required services under the terms and conditions of this contract. The Government may designate additional representative(s) to provide periodic inspections or observations during the performance of this contract. However, Government inspections are for the sole benefit of the Government and do not relieve the Contractor of its responsibilities to provide adequate quality control for the work completed in performance of this contract. The Contractor is responsible for inspection of its own work to ensure that all work performed conforms to the terms and conditions of the contract.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

% FAR 52.236-15 Schedules for Construction Contracts (APR 1984) % FAR 52.242-14 Suspension of Work (APR 1984)

FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.242-15 Stop-Work Order - Alternate I (APT 1984) FAR 52.242-17 Government Delay of Work (APR 1984)

F.2 % FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than September 10, 2028 (estimated, to be confirmed at award). The time stated for completion shall include final cleanup of the premises.

F.3 % ADDENDUM TO FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (AUG 1984)

In accordance with FAR 52.236-15, Schedules for Construction Contracts, the contractor shall provide a “draft” project schedule for review during the post award/pre-construction meeting, which specifically shows the time frame required to accomplish the individual construction activities. The schedule shall be in the form of a progress chart (of suitable scale) to appropriately indicate the percentage of work scheduled for completion and associated price at any given date during the performance period. The chart shall outline the general sequential order in which the contractor proposes to perform the work and the dates on which the contractor contemplates start and completion. A final project schedule shall be submitted to the COR for review and approval through the submittal process no later than five days after work commences.

F.4 CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The base period of performance of this contract is three (3) years and is currently estimated to be from September 11, 2025 through September 10, 2028. If an option is exercised, the period of performance shall be extended through the end of that option period.

Note 1: If the contract is awarded more than 10 calendar days before September 11, 2025, the period of performance will be shifted forward to begin 5 business days after contract award.

Note 2: If the awardee’s proposed schedule is less than 36 months, it will be adopted into the award.

Note 3: If the deliverables required in the base period are completed early, the start date of the option periods will be shifted forward via modification and Option Period 1 will be exercised accordingly.

(b) The estimated option periods that may be exercised are as follows:

Period Start Date End Date Option Period 1 September 11, 2028 September 10, 2029 Option Period 2 September 11, 2029 September 10, 2030 Option Period 3 September 11, 2030 September 10, 2031

Option Period 4 September 11, 2031 September 10, 2032 Option Period 5 September 11, 2032 September 10, 2033

(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.

F.5 NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005)

Following is a schedule of deliverables, including administrative deliverables, required during the period of performance (POP) of this contract. Any deliverables, enrollments, or notifications required by clauses and contract language incorporated into the contract apply, regardless of inclusion or exclusion from the below list:

Reference

Deliverable

Time

Medium/ Format/ # of Copies

Submit To

PWS Section 6.1.2, 6

Project Management Plan Initial: 30 days after award Final: 90 days after award Updates: As directed

Electronic / PDF or MS Office Format

COR/PM

PWS Section 6.1.3

Project Monthly Progress Report Monthly 15 days after the end of each month

Electronic / PDF or MS Office Format

COR/PM

PWS Section 6.1.3

Weekly Status Meetings Weekly starting within 15 days after award

Virtual Meeting Platform agreed upon by Government and vendor with option for in-person attendance as deemed necessary by Government

COR/PM

PWS Section 5.1.32; 7.1

RTA Preliminary Design Review

To be identified upon award

Virtual or In person meeting in Norman, OK with electronic / PDF or MS Office Format materials

COR/PM

PWS Section 5.2.3; 7.1

RTF Preliminary Design Review To be identified upon award

Virtual or In person meeting in Norman, OK with electronic / PDF or MS Office Format materials

COR/PM

PWS Section 5.1.32; 7.2

RTA Critical Design Review To be identified upon award

In person meeting in Norman, OK with electronic / PDF or MS Office Format materials

COR/PM

PWS Section 5.2.3; 7.2

RTF Critical Design Review To be identified upon award

In person meeting in Norman, OK

COR/PM

with electronic / PDF or MS Office Format materials

PWS Section 5.1.32

RTA Factory Test Review 26 weeks before the end of base POP

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.4.1

System Operations Manual 24 weeks before the end of base POP

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.4.1

System Drawings and Diagrams 24 weeks before the end of base POP

Electronic / AutoCAD or PDF

COR/PM

PWS Section 5.4.1

Interface Control Documentation 24 weeks before the end of base POP

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.4.1

Maintenance Schedule and Instructions

24 weeks before the end of base POP

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.32

RTA Factory Test Report 22 weeks before the end of base POP

Electronic PDF or MS Office Format

COR/PM

PWS Section 5.4.1

Delivery of System Test Procedures 16 weeks before the end of base POP

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.3.3

RTA/RTF Integrated Test Readiness Review

12 weeks before the end of base POP

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.4.2

Modifiable software source code and related documentation

4 weeks before the end of base POP

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.4.3

Training Materials & Documentation 4 weeks before the end of base POP

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.19

Software Application Programming Interface (API) documentation

4 weeks before the end of base POP

Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.27

RTA Antenna Pattern Report End of base POP Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.28

RTA System Calibration Report End of base POP Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.29

RTA System Calibration Procedures End of base POP Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.30

RTA Radiation Hazard Report End of base POP Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.1.31

RTA Radiation Emission Report End of base POP Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.3.3

RTA/RTF Integrated System Test Report

End of base POP Electronic / PDF or MS Office Format

COR/PM

PWS Section 5.3.1

Deliver the integrated RTA within the

RTF

End of base POP Electronic / PDF or

COR/PM

PWS Section 5.4.3

Conduct the training of the RTA/RTF operations and maintenance (including delivering training materials)

End of base POP In-person with media selected by vendor

COR/PM

PWS Section 5.1.26, 5.2.26, 5.4.4

Rights and ownership turned over to the Government (all necessary legal documentation)

End of base POP Electronic / PDF or MS Office Format

COR/PM

PWS Section 6.1.1

PMR Data Package Initial: 60 days after award Updates: Draft one business day prior to the PMR meeting; update no later than one week following the PMR

Electronic / PDF or MS Office Format

COR/PM

PWS Section 6.1.2

IBR 60 days after award Electronic / PDF or MS Office Format

COR/PM

PWS Section 6.1.2

IBR Data Package Initial: IBR - 2 weeks Updates: As directed

Electronic / PDF or MS Office Format

COR/PM

PWS Section 6.1.2, 6.1.3

IPMR Initial: 60 days after award Updates: Monthly through POP

Electronic / PDF or MS Office Format

COR/PM

PWS Section 9.4

Notification and resume of proposed Software Systems Engineer

20 weeks before the start of Task 5

Electronic / PDF or MS Office Format

COR/PM

Solicitation Section I

FAR 52.203-7 Anti-Kickback procedures

Upon Contract Award or New Hire (Violation Discovery Only)

Electronic / PDF or MS Office Format

CO

Solicitation Section I

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

Per Clause Database Online

Solicitation Section I

% FAR 52.222-8 Payroll and Basic Records

% Included with Invoice Submission (Construction Only)

Electronic / PDF or MS Office Format

COR

Solicitation Section I

FAR 52.222.37 Vets-4212 Report Annual Database Online

Solicitation Section I

FAR 52.222.54 Employment Eligibility Verification

30 Days After Contract Award

E-Verify Database COR

Solicitation Section I

FAR 52.228-15 Performance and Payment Bonds-Construction

10 Days after Contract Award

Per Clause CO

Solicitation Section I

FAR 52.236-7 Permits and Responsibilities

10 Days after Contract Award

Per Clause CO

Solicitation Section F

Addendum FAR 52.236-15 Project Schedule for Construction (Draft)

During the post award/pre-construction meeting

Per Clause COR

Solicitation Section F

FAR 52.236-15 Project Schedule for Construction (Final)

5 Days after work commences

Per Clause COR

Solicitation Section H

CAR 1352.209-72 Restrictions Against Disclosure

Upon Contract Award (Violation Discovery Only)

Electronic / PDF or MS Office Format

CO

Solicitation Section G

CAR 1352.237-74 Progress Reports One (1) month after award and every one (1) month thereafter

Electronic / PDF or MS Office Format

COR/PM

Solicitation Section H, PWS 8

CAR 1352.237-75 Key Personnel 15 Days Prior to Any Changes

Electronic / PDF or MS Office Format

CO

Solicitation Section L

CAR 1352.242-70 Postaward Conference

15 Days After Award In person meeting in Norman, OK with electronic / PDF or MS Office Format materials

N/A

Solicitation Section H

NAM 1330-52.222-70 NOAA Sexual Assault and Harassment Prevention and Response Training

30 Days After Award, evidence provided within 10 business days of completion and every one (1) year following by March 1st of each calendar year of contract performance

Electronic / PDF or

CO

F.6 @OBSERVANCE OF LEGAL HOLIDAYS

(a) The Contractor hereby agrees to observe the following Federal, not including American Samoa, holidays, plus any other day off work designated by Federal Statute, by Executive Order, or by Presidential proclamation:

New Year’s Day Labor Day Martin Luther King’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Day Independence Day

Christmas Day

(b) In addition to the days designated as holidays, the Government observes the following days:

(1) Any other day designated by Federal Statute

(2) Any other day designed by Executive Order

(3) Any other day designed by the President’s Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor’s personnel are authorized by the Government to work during the holiday at the government site, they may be reimbursed by the Contractor; however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

(d) When the Federal entities grant excused absence to its employees, the Contractor agrees to continue to provide sufficient personnel at a government site to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the COR or the CO.

(e) If Government personnel are furloughed, the Contractor shall contact the Task Manager or the COR to receive direction. It is the Government’s decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

(1) Contractor personnel that are able to continue contract performance (either on-site or at a site other than their normal work station), shall continue to work and the contract price shall not be reduced or increased.

(2) Contractor personnel that are not able to continue contract performance (e.g., support functions), may be asked to cease their work effort.

(f) In those situations that Government personnel are furloughed, the Contractor may not invoice for their employees working during the Government furlough, until such time as any special legislation affecting Government personnel is signed into law.

(g) When any holiday falls on a Saturday, the preceding Friday is observed; when any holiday falls on a Sunday, the following Monday is observed. All personnel assigned to this contract shall limit their observation of holidays to those set forth above.

F.7 CPARS REGISTRATION

The value of this procurement requires that the winning vendor be registered in the Contractor Performance Assessment and Reporting System (CPARS). Registration within 30 days of contract award is required.

F.8 COMMERCE LANGUAGE - NOVATION AGREEMENT FOR ACQUIRING CERTAIN INFORMATION

TECHNOLOGY (SEPT 2015)

(1) "Novation agreement" means a legal instrument-(a) Executed by the--(i) Contractor (transferor); (ii) Successor in interest (transferee); and (iii) Government; and (b) By which, among other things, the transferor guarantees performance of the contract, the transferee assumes all obligations under the contract, and the Government recognizes the transfer of the contract and related assets. (FAR 2.101 -Definitions).

(2) The Department may in its interest recognize a successor in interest. The Offeror and or subsequent awardee(s) agree as a condition of this contract, that any novation considered and recognized by the Department shall be subject to SCRA requirements, including "Notice of Supply Chain Risk Assessment (Sept 2015)," "Non Destructive and Destructive Testing (Sept 2015)," "Supply Chain Risk Assessment Information (Sept 2015)," and "Evaluation of Supply Chain Risk Assessment Information (Sept 2015)."

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

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

G.2 CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010)

(a) (To Be Identified at Time of Award) is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

(To Be Identified at Time of Award)

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

G.3 CAR 1352.237-74 PROGRESS REPORTS (APR 2010)

The contractor shall submit, to the Government, a progress report one (1) month after the effective date of the contract, and every one (1) month thereafter during the period of performance. The contractor shall deliver progress reports that summarize the work completed during the performance period, the work forecast for the following period, and state the names, titles and number of hours expended for each of the contractor's professional personnel assigned to the contract, including officials of the contractor. The report shall also include any additional information - including findings and recommendations - that may assist the Government in evaluating progress under this contract. The first report shall include a detailed work outline of the project and the contractor's planned phasing of work by reporting period.

G.4 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)).

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

● Payrolls for construction (as applicable) in accordance with FAR 52.222-8 Payrolls and Basic Records.

● SF-1034, and SF-1035 (if applicable), shall be submitted as attachments to any invoice associated with the CPFF

CLINs 1001, 2001, and 3001.

https://www.ipp.gov/

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.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

FAR 52.234-4 Earned Value Management System (NOV 2016) CAR 1352.208-70 Restrictions on printing and duplicating (APR 2010) CAR 1352.209-72 Restrictions against disclosure (APR 2010) CAR 1352.209-73 Compliance with the laws (APR 2010) CAR 1352.209-74 Organizational conflict of interest (APR 2010) CAR 1352.228-71 Deductibles Under Required Insurance Coverage - Cost Reimbursement (APR 2010)

# CAR 1352.228-72 Deductibles Under Required Insurance Coverage – Fixed Price (APR 2010) CAR 1352.228-76 Approval of Group Insurance Plans (APR 2010)

CAR 1352.231-71 Duplication of effort (APR 2010) CAR 1352.237-70 Security processing requirements – high or moderate risk contracts (APR 2010) CAR 1352.239-72 Security requirements for information technology resources (APR 2010)

H.2 CAR 1352.216-70 ESTIMATED AND ALLOWABLE COSTS (APR 2010)

(a) Estimated Costs. The estimated cost of this contract is $TBD, which consists of $TBD for reimbursable costs and $TBD for fixed/incentive fee. These costs shall be subject to the provisions of FAR clause 52.232-20, “Limitation of Cost,” FAR clause 52.216-7, “Allowable Cost and Payments”, FAR clause 52.216-8, “Fixed Fee”, and FAR clause 52.216-9, “Fixed Fee - Construction”.

(b) Allowable Costs.

(1) Final annual indirect cost rate(s) and the appropriate base(s) shall be established in accordance with FAR Subpart 42.7, in effect for the period covered by the indirect cost rate proposal.

(2) Until final annual indirect cost rates are established for any period, the Government shall reimburse the contractor at billing rates established by the Contracting Officer (or cognizant Federal agency official) or auditor in accordance with FAR 42.704, subject to adjustment when the final rates are established. The established billing rates are currently as follows:

TBD

H.3 CAR 1352.228-70 INSURANCE COVERAGE (APR 2010)

(a) Workers Compensation and Employer's Liability. The contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General liability.

(1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $0.00.

(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

H.4 CAR 1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

1. Program Manager – To be identified at contract award

2. Construction Project Manager – To be identified at contract award

3. Radar Systems Engineer – To be identified at contract award

4. Software Systems Engineer – To be identified 20 weeks prior to commencement of Task 5

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions.

Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

H.5 NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015)

By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with Offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in:

(a) 41 U.S.C. § 2103 regarding contacts between a Federal employee working on a procurement and an Offeror about prospective employment;

(b) 18 U.S.C. § 207 regarding the restrictions on former Federal employees having contact with a Federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a Federal employee or for which the former Federal employee had official responsibility;

(c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former Federal agency on behalf of another person or entity concerning any official matter; and

(d) 41 U.S.C. § 2104 regarding the restrictions on a former Federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor.

H.6 NAM 1330-52.208-70 SUBCONTRACTING WITH ABILITYONE NONPROFIT ORGANIZATIONS (DEC

2022)

NOAA recognizes and appreciates the value and talent that people with disabilities bring to our workplaces. The Committee for Purchase From People Who Are Blind or Severely Disabled (AbilityOne Program) is one of the United States’ largest sources of employment for people who are blind or have significant disabilities, employing more than 40,000 individuals, including approximately 2,500 veterans. Approximately 450 nonprofit organizations employ these individuals who provide quality products and services to the Federal Government totaling nearly $4 billion each year.

Contracting with AbilityOne nonprofit organizations provides veterans and individuals who are blind or have significant disabilities more opportunities to work, lead independent lives, serve in their communities, and contribute to the strength of our Nation’s economy.

This contract action is identified as including opportunities for subcontracting. The statutory obligation for Government agencies to satisfy their requirements for supplies or services available from the AbilityOne Program also applies when contractors purchase the supplies or services for Government use. For this contract action:

☒ A subcontracting plan is required. The contractor shall include AbilityOne as a separate goal on the subcontracting plan. This line must be reported in the Electronic Subcontracting Reporting System (eSRS) under Large Business.

AbilityOne will give Other Than Small Business credit on subcontracting plans.

☐ A subcontracting plan is not required. The contractor should consider subcontracting with AbilityOne nonprofit organizations to the maximum extent practicable and allowable consistent with other statutory and regulatory requirements applicable to the acquisition.

To engage with an AbilityOne Contractor (Non-Profit Agency) for subcontracting opportunities, the prime contractor should include the following information in an email to primecontractor@abilityone.org:

a) Solicitation number

b) Copy of the performance work statement or scope of work

c) Identification of work that will be set aside for AbilityOne

d) Estimated annual value of work for AbilityOne

e) Prime contractor point of contact email address, phone number, name, and title

H.7 NAM 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND

RESPONSE POLICY (MAY 2018)

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

(a) Definitions.

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

Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S.

Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim.

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

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

● Submission to or 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.