Cost Estimation Tool (SEER for Space)

COMBINED SYNOPSIS/SOLICITATION

SEER for Space Software

(I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(II) This solicitation is issued as a request for quotation (RFQ).  Submit written quotes on RFQ Number 1333LD22BNEEA0003

(III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-01, Date 12-06-2021.

(IV) This solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 511210, Software Publishers.  The small business size standard is $41.5M.  

(V) This combined solicitation/synopsis is for purchase of the following commercial item(s)/services:

This acquisition is to obtain a license for the SEER for Space (SEER-SPACE). The program is a parametric cost estimating model and the only one developed for a single commodity – robotic earth-orbiting and planetary spacecraft. SEER-Space was built from a comprehensive collection of space missions and credible, defendable data source. It allows early estimation of space missions when little information is known and can be used during later phases of a project equally well.

 A great need to develop more capable cost estimating tools was identified in 2008 and NOAA’s need for better cost modeling was a must. The tool identified for parametric cost estimating was SEER and due to the dependency on this model and the concern of keeping the most recent version and technology up to date.  NOAA is keeping up with technology.  It also allows NOAA cost estimators to move from one cost estimating job to another and still be familiar with the standard tool utilized in the cost estimator’s tool and ensures cost capability.  No other cost analysis tool will satisfy the government’s requirement. Without this acquisition, not having the ability to use this parametric cost estimating/analysis model would be excessively disruptive to acquisition programs.

This acquisition is to obtain a  license for the SEER for SPACE The program is a parametric cost estimating model and the only one developed for a single commodity – robotic earth-orbiting and planetary spacecraft. SEER-Space was built from a comprehensive collection of space missions and credible, defendable data source. It allows early estimation of space missions when little information is known and can be used during later phases of a project equally well.

A great need to develop more capable cost estimating tools was identified in 2008 and NOAA’s need for better cost modeling was a must. The tool identified for parametric cost estimating was SEER and due to the dependency on this model and the concern of keeping the most recent version and technology up to date.  NOAA is keeping up with technology.  It also allows NOAA cost estimators to move from one cost estimating job to another and still be familiar with the standard tool utilized in the cost estimator’s tool and ensures cost capability.  No other cost analysis tool will satisfy the government’s requirement. Without this acquisition, not having the ability to use this parametric cost estimating/analysis model would be excessively disruptive to acquisition programs.

Product Technical Specifications:

SEER for Space- SEER for Space-Annual Distributed Named-User Seat One (1) Seat License.

(Inclusive for base period and 3 additional options as specified in section CAR 1352.270-70 Period of Performance).

(VIII) 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it "does not provide covered telecommunications equipment or services

as a part of its offered products or services to the Government in the performance of any contract,

subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26,

Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the

provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall

not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented

that it "does not use covered telecommunications equipment or services, or any equipment, system,

or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the

provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection

arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings

provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act

for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August

13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain,

any equipment, system, or service that uses covered telecommunications equipment or services as a

substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service

that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection

arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot

permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from

entering into a contract or extending or renewing a contract with an entity that uses any equipment,

system, or service that uses covered telecommunications equipment or services as a substantial or

essential component of any system, or as critical technology as part of any system. This prohibition

applies to the use of covered telecommunications equipment or services, regardless of whether that

use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed

to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service

that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection

arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot

permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting

from this solicitation. The Offeror shall provide the additional disclosure information required at

paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section;

and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror

represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any

equipment, system, or service that uses covered telecommunications equipment or services. The Offeror

shall provide the additional disclosure information required at paragraph (e)(2) of this section if

the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the

Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror

shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name,

unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer

(OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model

number, such as OEM manufacturer part number, or wholesaler number; and item description, as

applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors

relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of

this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered

telecommunications services offered (include on the item being maintained: Brand; model number, such

as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being

provided; and explanation of the proposed use of covered telecommunications services and any factors

relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of

this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror

has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall

provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name,

unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model

number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as

applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors

relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of

this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered

telecommunications services offered (include on the item being maintained: Brand; model number, such

as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation

of the proposed use of covered telecommunications services and any factors relevant to determining if

such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End Of Provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(Reference 52.204-25)

 

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and

"reasonable inquiry'' have the meaning provided in the clause 52.204-25, Prohibition on Contracting

for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services".

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered

telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror

represents that it [ ] does, [ ] does not use covered telecommunications equipment or services, or

any equipment, system, or service that uses covered telecommunications equipment or services.

(End Of Provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (NOV 2021)

(Reference 52.212-1)

52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Lowest Price Technically Acceptable source selection process, FAR 15.101-2.

Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are N/A[Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2021)

(Reference 52.212-3)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (NOV 2021)

(Reference 52.212-4)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2021)

a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

           (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

           (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

           (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

           (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

           (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

           (6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

      (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

     [Contracting Officer check as appropriate.]

            __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

            X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

            __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

             X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

            __ (5) [Reserved].

            __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

            __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

           X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

            __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

            __ (10) [Reserved].

            __ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

            __ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

            __ (13) [Reserved]

           X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

                  __ (ii) Alternate I (Mar 2020) of 52.219-6.

          __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

                  __ (ii) Alternate I (Mar 2020) of 52.219-7.

            X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

          __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

                  __ (ii) Alternate I (Nov 2016) of 52.219-9.

                  __ (iii) Alternate II (Nov 2016) of 52.219-9.

                  __ (iv) Alternate III (Jun 2020) of 52.219-9.

                  __ (v) Alternate IV (Sep 2021) of 52.219-9.

          __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

                  __ (ii) Alternate I (Mar 2020) of 52.219-13.

            __ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

            __ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

            __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

           X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

                  __ (ii) Alternate I (Mar 2020) of 52.219-28.

            __ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

            __ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

            __ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

            __ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

             X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

            __ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

             X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

          X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

                  __ (ii) Alternate I (Feb 1999) of 52.222-26.

          __ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

                  __ (ii) Alternate I (Jul 2014) of 52.222-35.

          X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

                  __ (ii) Alternate I (Jul 2014) of 52.222-36.

            __ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

            __ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

          X (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

                  __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

            __ (36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

          __ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

                  __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

            __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

            __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

          __ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

                  __ (ii) Alternate I (Oct 2015) of 52.223-13.

          __ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

                  __ (ii) Alternate I (Jun2014) of 52.223-14.

            __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

          __ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

                  __ (ii) Alternate I (Jun 2014) of 52.223-16.

            X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

            __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

            __ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

          __ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

                  __ (ii) Alternate I (Jan 2017) of 52.224-3.

            __ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

          __ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

                  __ (ii) Alternate I (Jan 2021) of 52.225-3.

                  __ (iii) Alternate II (Jan 2021) of 52.225-3.

                  __ (iv) Alternate III (Jan 2021) of 52.225-3.

            __ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

            __ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

            __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

            __ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

            __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

            __ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

            __ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

            __ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

            X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

            __ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

            __ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

            __ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

            __ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

          __ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

                  __ (ii) Alternate I (Apr 2003) of 52.247-64.

                  __ (iii) Alternate II (Nov 2021) of 52.247-64.

      (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

     [Contracting Officer check as appropriate.]

            __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

            __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

            __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

            __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

            __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

            __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

            __ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

            __ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

            __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

      (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

           (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

           (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

           (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

      (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

                (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

                (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

                (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

                (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

                (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

                (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

                (vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

                (viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

                (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

                (x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

                (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

                (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

                (xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

                     (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

                (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

                (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

                (xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

                (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

                (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

                (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

                     (B) Alternate I (Jan 2017) of 52.224-3.

                (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

                (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

                (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

           (2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".

Alternate II. (Nov 2021) As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(E) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(F) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(G) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(H) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(I) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(J) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(K) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(L) ___ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

___ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(M) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(N) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(O) 52.222-54, Employment Eligibility Verification (Nov 2021) (Executive Order 12989).

(P) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(R) (1) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(2) Alternate I (Jan 2017) of 52.224-3.

(S) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(T) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(U) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price, FAR 16.201 contract resulting from this

solicitation.

(End of Provision)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government`s best

interests, the Government will evaluate offers for award purposes by adding the total price for all

options to the total price for the basic requirement. Evaluation of options will not obligate the

Government to exercise the option(s).

(End of Provision)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates

specified in the contract. These rates may be adjusted only as a result of revisions to prevailing

labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 Calendar Days

(End of Clause)

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

15 Calendar Days provided that the Government gives the Contractor a preliminary written notice of

its intent to extend at least 15 Calendar Days 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 66 Months.

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(a) Except as stated in paragraph (b) 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:

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

(2) 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.

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

agreement.

(b) Paragraph (a) 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. 

(End of clause)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

(End of clause)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include

blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of

submitting the full text of those provisions, the offeror may identify the provision by paragraph

identifier and provide the appropriate information with its quotation or offer. Also, the full text

of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of Provision)

1352.201-70 CONTRACTING OFFICER's AUTHORITY (APR 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of

the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this

contract, the said authority remains solely in the Contracting Officer. In the event the contractor

makes any changes at the direction of any person other than the Contracting Officer, the change

will be considered to have been made without authority and no adjustment will be made in the

contract terms and conditions, including price.

(End of clause)

1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010)

(a) David Rivera 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:

David Rivera

1335 East-West Hwy

(Email): David.Rivera@NOAA.gov

(Phone): (202) 860-5777

(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.

(End of clause)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to David Rivera, Contract

Specialist at david.rivera@noaa.gov. Questions should be received no later than Five (5) (Monday,

December 13, 2021) calendar days after the issuance date of this solicitation. Any responses to

questions will be made in writing, without identification of the questioner, and will be included

in an amendment to the solicitation. Even if provided in other form, only the question responses

included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

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 Fed.

Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following

address:

(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, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

(Reference 1352.233-71)

1352.239-70 Software license addendum.

(Reference 1352.239-70)

1352.239-71 Electronic and information technology.

As prescribed in 48 CFR 1339.270(a), insert the following provision:

Electronic and Information Technology (APR 2010)

(a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below:

___ 1194.21 Software applications and operating systems

X    1194.22 Web-based intranet and internet information and applications

___ 1194.23 Telecommunications products

___ 1194.24 Video and multimedia products

___ 1194.25 Self-contained, closed products

___ 1194.26 Desktop and portable computers

___ 1194.31 Functional performance criteria

___ 1194.41 Information, documentation and support

(b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

(c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board's provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency.

(d) Offerors must submit representation information concerning their products by completing the VPAT template at http://www.Section508.gov.

(End of clause)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The base period of performance of this contract is (12) Twelve months (Date will be filled in upon award)

If an option is exercised, the period of performance shall be extended through the end of that option

period.

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

Base Period for a (12) Twelve month (Date will be filled in upon award)

Option Period 1 for a (12) Twelve month period.

Option Period 2 for a (12) Twelve month period.

Option Period 3 for a (12) Twelve month period. 

Option to Extend: 6 months.

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

(End of clause)

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 (reference https://www.corporateservices.noaa.gov/ames/

administrative_orders/chapter_202/202-1106.html), 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 Contracting Officer's Representative (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. A link to

the website including the required elements of the training is provided at: https://www.noaa.gov/

organization/acquisition-grants/noaa-workplace-harassment-training-for-contractors-and-financial. The

website will also provide training materials and resources to assist the contractor in conducting the

training. The contractor may provide training that solely addresses the NOAA required elements or may

supplement existing company sexual assault and sexual harassment training in a manner that ensures

all of the elements are adequately addressed.

8. The required elements of the training and resources available to the contractor for the training

may be updated by NOAA periodically. The contractor is responsible for monitoring the website and

incorporating any changes to the NOAA required elements into the contractor provided training.

9. NOAA's Workplace Violence Program Manager, COR, or CO may periodically review the contractor's

training outline to ensure all required elements are included and, if necessary, any appropriate

adjustments are made to the training by the contractor.

10. Contractor employees performing on assignments in a remote location, such as at a field camp or

other isolated locations, are subject to receiving the same briefing on the parameters of the order

provided to NOAA employees as set forth in Section 6 of NAO 202-1106.

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

contractor employees.

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

For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual

harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This

helpline is designed to provide crisis intervention, referrals, and emotional support to those who

are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor

employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of

sexual harassment or assault by a Federal Government employee.

All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week. The

NOAA SASH helpline is accessible through a variety of channels, including:

Phone: 1-866-288-6558

Website & Online Chat: http://NOAASASHHelpline.org

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

Text: (202) 335-0265

(d) Confidentiality.

Any party receiving information from the filing of a complaint alleging sexual assault or sexual

harassment, or while performing an investigation into such a complaint, shall keep the information

confidential. "Confidentiality" means that the information shall only be shared with others who have

a need to know the information to conduct their official duties.

(e) Remedies.

In addition to other remedies available to the Government, contractor employee violations of Federal

requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual

assault and sexual harassment and/or failure to complete the mandatory training set forth in this

solicitation and contract language, may result in:

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

contract;

2. Requiring the Contractor to terminate a subcontract;

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

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

this contract;

5. Suspension or debarment; or

6. Other appropriate action.

1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

(a) The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote

responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will

be to:

(1) Allow contractors to better prepare for and propose on business opportunities.

(2) Advise as to technologies and solutions within the marketplace that the Government may not be

aware of, or is not fully benefiting from.

(3) Identify constraints in transparency and process.

(b) The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and

recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further,

the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of

a concern, when such a request has been formally made by an authorized officer of an organization

seeking to do business with, or already doing business with NOAA.

(c) Before consulting with the AGO Ombudsman, interested parties must first address their concerns,

issues, disagreements, and/or recommendations with the respective contracting officer for resolution.

However, direct access to the AGO Ombudsman may be sought when an interested party questions the

objectivity or equity of a contracting officer#s decision, or when there is a bona fide reason

to believe that reasonable, responsible, and objective consideration will not be received from an

assigned contracting officer.

(d) There are several constraints to the scope of the AGO Ombudsman#s authority, for instance:

(1) Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal

process (e.g., protests, claims, debriefings, employee employer actions, activities involving AÂ-

76 competition performance decisions, judicial or congressional hearings, or proposal, amendment,

modification or deliverable due dates, etc.).

(2) The AGO Ombudsman cannot participate in the evaluation of proposals, source selection

processes, or the adjudication of protests or formal contract disputes.

(3) The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules,

policies, or formal guidance.

(4) The AGO Ombudsman is not authorized to develop or alter opportunity announcements,

solicitations, contracts, or their terms or conditions

(5) The AGO Ombudsman cannot overrule the authorized decisions or determinations of the

contracting officer.

(6) The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department

of Commerce, or the U.S. Government.

(7) The AGO Ombudsman is not NOAA#s agent relative to the service of magistrate or judicial

process and cannot be used to extend service of process to another party (whether federal, public, or

a private entity).

(e) After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the

interested party to another more suitable federal official for consideration. Moreover, concerns,

disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be

pursued through more formal venues.

(f) The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the

purview of a contracting officer. Such documents include Requests for Information, solicitations,

amendments, contracts, modifications, or conference materials.

(g) Questions regarding items (a) through (f) within this language shall be directed to Rafael

Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.

(End of solicitation and contract language)

(XIV) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

(XV)  Quotes are required to be received in the contracting office no later than 11:00 A.M. EST on December 17, 2021.  All quotes must be emailed to the attention of Joel L. Perlroth and David Rivera.  The email addresses are joel.l.perlroth@noaa.gov and david.rivera@noaa.gov (See FAR 12.603, 5.203(b), and 5.203(h) pertaining to establishing the response time).

(XVI)  Any questions regarding this solicitation should be directed to Contract Specialist David Rivera at david.rivera@noaa.gov, (202) 860-5777.