NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION USA Tender

(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. 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 Quote (rfq) And Has Been Assigned Solicitation Number: 1305m320qnffr0052. (iii) This Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Federal Acquisition Circular 2020-07, Dated July 02, 2020. (iv) This Solicitation Is Being Issued As Unrestricted For Competition.the Naics Code For This Requirement Is 541380 Testing Laboratories And The Small-business Size Standard Is $15m. (v) This Combined Synopsis/solicitation Is For The Purchase Of The Following Commercial Items: see Attached price Schedule.          (vi) The Department Of Commerce (doc), National Oceanic And Atmospheric Administration (noaa), Pacific Island Fisheries Science Center (pifsc) Is Seeking Sources Capable Of Providing Laboratory Services To Assess Biodiversity Using Environmental Dna (edna) Per The Attached performance Work Statement. (vii) All Invoices Shall Be Fob Destination To The Following Address: nmfs Pifsc Ecosystem Scncs Div f/pic8 Nat'l Marine Fish Svc 1845 Wasp Blvd, Bldg 176 honolulu Hi 96818 (viii) Far 52.212-1 Instructions To Offerors–commercial Items (oct 2018) Applies To This Acquisition. far 52.212-1 Instructions To Offerors--commercial Items (jun 2020) (deviation 2019-03 (jun 2019))     (b) Submission Of Offers. Submit Signed And Dated Offers To The Office Specified In This Solicitation At Or Before The Exact Time Specified In This Solicitation. As A Minimum, Offers Must Show—            (1) The Solicitation Number;            (2) The Name, Address, And Telephone Number Of The Offeror;            (3) Offers Must Submit The Following:             1) The Offer’s Technical Capabilities And Experience To Include The Ability To Process Samples At Up To 6 Assays (e.g. Markers/primer Pairs); And,              2) A Technical Methodology Of Processing The Samples, In Particular, Amplification Steps (e.g. Two-step Vs Single Step Procedure) To Reduce Amplification Bias.            (4) Price: Price Proposals Must Generally Adhere To The Pricing Structure In The Pricing Schedule Attachment.            (5) Past Performance: Offerors Shall Provide Past Performance Questionnaires (attachment #1) To No Less Than Three References For Relevant Work Conducted Within The Past Five Years. in Their Proposal Submission, The Offeror Shall Provide A List Of References With Contact Information So That The Contract Specialist Is Aware Of Past Performance Evaluation Questionnaires Released. References Should Be For Recent Contracts Similar In Scope, In Whole Or In Part, To The Pws. once Completed, References Shall Provide Responses Directly To The Contract Specialist By Email To Mona.m.ash@noaa.gov. in Order For Past Performance Questionnaires To Be Considered, They Must Be Received By The Solicitation Closing Date. Past Performance Questionnaires Received Directly From The Offeror Will Not Be Considered.       (c) Period For Acceptance Of Offers. The Offeror Agrees To Hold The Prices In Its Offer Firm For 60 Calendar Days From The Date Specified For Receipt Of Offers, Unless Another Time Period Is Specified In An Addendum To The Solicitation.       (d) Offerors Are Responsible For Submitting Offers, And Any Modifications, Revisions, Or Withdrawals, By Email To Mona.m.ash@noaa.gov, So As To Reach The Government Office Designated In The Solicitation By The Time Specified In The Solicitation.       (e) Debriefing. If A Post-award Debriefing Is Given To Requesting Offerors, The Government Shall Disclose The Following Information, If Applicable:            (1) The Agency’s Evaluation Of The Significant Weak Or Deficient Factors In The Debriefed Offeror’s Offer.            (2) The Overall Evaluated Cost Or Price And Technical Rating Of The Successful And The Debriefed Offeror And Past Performance Information On The Debriefed Offeror.            (3) The Overall Ranking Of All Offerors, When Any Ranking Was Developed By The Agency During Source Selection.            (4) A Summary Of The Rationale For Award;            (5) For Acquisitions Of Commercial Items, The Make And Model Of The Item To Be Delivered By The Successful Offeror.            (6) Reasonable Responses To Relevant Questions Posed By The Debriefed Offeror As To Whether Source-selection Procedures Set Forth In The Solicitation, Applicable Regulations, And Other Applicable Authorities Were Followed By The Agency. (end Of Provision)  (ix) Far 52.212-2 Evaluation – Commercial Item (oct 2014) addendum To Far 52.212-2 Evaluation-commercial Item (oct 2014) car 1352.213-70 Evaluation Utilizing Simplified Acquisition Procedures (apr 2010) the Government Will Issue An Order Resulting From This Request For Quotation To The Responsible Offeror Whose Quotation Results In The Best Value To The Government, Considering Both Price And Non-price Factors. The Non-price Factors Are Significantly More Important Than The Price Factor. The Following Factors Will Be Used To Evaluate Quotations: factor 1 – Technical Capability/experience: the Government Will Evaluate The Offeror’s Understanding Of The Requirements And Likelihood Of Successful Contract Performance. The Offeror’s Demonstrated Capabilities And Relevant Experience To Perform All Aspects Of The Performance Work Statement (pws) Will Be Evaluated As Well As The Offeror’s Methodology Of Processing Samples To Meet The Requirements In The Pws.  factor 2 – Past Performance: the Offeror´s Past Performance On Recent Contracts Similar In Scope, In Whole Or In Part, To The Performance Work Statement Herein, Will Be Evaluated To Determine The Relevance As Compared To The Requirements Stated Within This Solicitation. The Relevance Of An Offeror’s Past Performance Will Be Measured Based On The Similarity Of Support Services, Complexity Of The Work, Dollar Value, And Contract Type.  More Relevant Past Performance Will Have More Influence On The Past Performance Assessment Than Past Performance Of Lesser Relevance.  Information Must Address Relevant And Recent Performance For Both Government And Non-government Contracts, Subcontracts, And Grants For Both The Prime Contractor And Any Major Subcontractor(s) Proposed. firms With A History Of Poor Performance Will Receive A Low Rating On The "past Performance" Evaluation Factor.  Firms With A Strong History Of Reliable Performance Will Receive A Higher Rating. the Government Will Use Its Discretion To Determine The Sources Of Past Performance Information Used In The Evaluation, And The Information May Be Obtained From References Provided By The Offeror, The Agency's Knowledge Of Contractor Performance, Other Government Agencies Or Commercial Entities, Or Past Performance Databases. if An Offeror Does Not Have A History Of Relevant Contract Experience, Or If Past Performance Information Is Not Available, The Offeror Will Receive A Neutral Past Performance Rating; However, An Offeror Without A History Of Relevant Experience May Receive A Lowered Rating For The Corporate Experience Evaluation Factor. factor 3 - Price Evaluation. the Proposed Prices Will Be Evaluated But Not Scored. The Price Evaluation Will Determine Whether The Proposed Prices Are Complete, And Reasonable In Relation To The Solicitation Requirements. Proposed Prices Must Be Entirely Compatible With The Technical Proposal.  (end Of Provision) far 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 To Determine The Total Evaluated Price. This Includes Options Under Far Clause 52.217-8, Option To Extend Services, Which Applies To This Solicitation.  evaluation Of Options Will Not Obligate The Government To Exercise The Option(s) (end Of Provision) (x) The Offeror Must Submit A Completed Copy Of The Provision At Far 52.212-3 Offeror Representations And Certifications - Commercial Items (jun 2020) With Its Offer.  An Offeror Shall Complete Only Paragraph (b) Of This Provision If The Offeror Has Completed The Annual Representations And Certifications Electronically Via The Beta.sam Website Accessed Through Https://www.acquisition.gov. If An Offeror Has Not Completed The Annual Representations And Certifications Electronically At The Beta.sam Website, The Offeror Shall Complete Only Paragraphs (c) Through (o) Of This Provision. (xi) The Clause At Far 52.212-4, Contract Terms And Conditions - Commercial Items (oct 2018)(deviation 2017-02 (aug 2017)), Applies To This Acquisition. (xii) The Clause At 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders—commercial Items (july 2020)(deviation 2017-02 (aug 2017))(deviation 2020-05 (mar 2020)) (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 Items: (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 (jul 2018) (section 1634 Of Pub. L. 115-91). 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment. (aug 2019) (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, 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 Items: xx (1) 52.203-6, Restrictions On Subcontractor Sales To The Government (sept 2006), With Alternate I (oct 1995) (41 U.s.c. 4704 And 10 U.s.c. 2402). xx (2) 52.203-13, Contractor Code Of Business Ethics And Conduct (oct 2015) (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). xx (4) 52.203-17, Contractor Employee Whistleblower Rights And Requirement To Inform Employees Of Whistleblower Rights (april 2014) (41 U.s.c. 4712) Relating To Whistleblower Protections). ___ (5) [reserved]. xx (6) 52.204-10, Reporting Executive Compensation And First-tier Subcontract Awards (oct 2016) (pub. L. 109-282) (31 U.s.c. 6101 Note). xx (7) 52.204-14, Service Contract Reporting Requirements (oct 2016) (pub. L. 111-117, Section 743 Of Div. C). __ (8) 52.204-15, Service Contract Reporting Requirements For Indefinite-delivery Contracts (oct 2016) (pub. L. 111-117, Section 743 Of Div. C). xx (9) 52.209-6, Protecting The Government’s Interest When Subcontracting With Contractors Debarred, Suspended, Or Proposed For Debarment (oct 2015) (31 U.s.c. 6101 Note). xx (10) 52.209-9, Updates Of Publicly Available Information Regarding Responsibility Matters (oct 2018) (41 U.s.c. 2313). __ (11) [reserved] __ (12) (i) 52.219-3, Notice Of Hubzone Set-aside Or Sole-source Award (nov 2011) (15 U.s.c. 657a). __ (ii) Alternate I (nov 2011) Of 52.219-3. __ (13) (i) 52.219-4, Notice Of Price Evaluation Preference For Hubzone Small Business Concerns (oct 2014) (if The Offeror Elects To Waive The Preference, It Shall So Indicate In Its Offer)(15 U.s.c. 657a). __ (ii) Alternate I (jan 2011) Of 52.219-4. __ (14) [reserved] __ (15) (i) 52.219-6, Notice Of Total Small Business Aside (nov 2011) (15 U.s.c. 644). __ (ii) Alternate I (nov 2011). __ (iii) Alternate Ii (nov 2011). __ (16) (i) 52.219-7, Notice Of Partial Small Business Set-aside (june 2003) (15 U.s.c. 644). __ (ii) Alternate I (oct 1995) Of 52.219-7. __ (iii) Alternate Ii (mar 2004) Of 52.219-7. __ (17) 52.219-8, Utilization Of Small Business Concerns (oct 2018) (15 U.s.c. 637(d)(2) And (3)). __ (18) (i) 52.219-9, Small Business Subcontracting Plan (aug 2018) (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 (nov 2016) Of 52.219-9. __ (v) Alternate Iv (aug 2018) Of 52.219-9. __ (19) 52.219-13, Notice Of Set-aside Of Orders (nov 2011) (15 U.s.c. 644(r)). __ (20) 52.219-14, Limitations On Subcontracting (jan 2017) (15 U.s.c. 637(a)(14)). __ (21) 52.219-16, Liquidated Damages—subcontracting Plan (jan 1999) (15 U.s.c. 637(d)(4)(f)(i)). __ (22) 52.219-27, Notice Of Service-disabled Veteran-owned Small Business Set-aside (nov 2011) (15 U.s.c. 657f). __ (23) 52.219-28, Post Award Small Business Program Rerepresentation (jul 2013) (15 U.s.c. 632(a)(2)). __ (24) 52.219-29, Notice Of Set-aside For, Or Sole Source Award To, Economically Disadvantaged Women-owned Small Business Concerns (dec 2015) (15 U.s.c. 637(m)). __ (25) 52.219-30, Notice Of Set-aside For, Or Sole Source Award To, Women-owned Small Busines Concerns Eligible Under The Women-owned Small Business Program (dec 2015) (15 U.s.c. 637(m)). xx (26) 52.222-3, Convict Labor (june 2003) (e.o. 11755). xx (27) 52.222-19, Child Labor—cooperation With Authorities And Remedies (jan 2018) (e.o. 13126). xx (28) 52.222-21, Prohibition Of Segregated Facilities (apr 2015). xx (29) (i) 52.222-26, Equal Opportunity (sep 2016) (e.o. 11246). __ (ii) Alternate I (feb 1999) Of 52.222-26. xx (30) (i) 52.222-35, Equal Opportunity For Veterans (oct 2015) (38 U.s.c. 4212). __ (ii) Alternate I (july 2014) Of 52.222-35. xx (31) (i) 52.222-36, Equal Opportunity For Workers With Disabilities (jul 2014) (29 U.s.c. 793). __ (ii) Alternate I (july 2014) Of 52.222-36. xx (32) 52.222-37, Employment Reports On Veterans (feb 2016) (38 U.s.c. 4212). xx (33) 52.222-40, Notification Of Employee Rights Under The National Labor Relations Act (dec 2010) (e.o. 13496). xx (34) (i) 52.222-50, Combating Trafficking In Persons (mar 2015) (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). xx (35) 52.222-54, Employment Eligibility Verification (oct 2015). (e. O. 12989). (not Applicable To The Acquisition Of Commercially Available Off-the-shelf Items Or Certain Other Types Of Commercial Items As Prescribed In 22.1803.) __ (36) (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.) __ (37) 52.223-11, Ozone-depleting Substances And High Global Warming Potential Hydrofluorocarbons (jun 2016) (e.o.13693). __ (38) 52.223-12, Maintenance, Service, Repair, Or Disposal Of Refrigeration Equipment And Air Conditioners (jun 2016) (e.o. 13693). __ (39) (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. __ (40) (i) 52.223-14, Acquisition Of Epeat® -registered Television (jun 2014) (e.o.s 13423 And 13514). __ (ii) Alternate I (jun 2014) Of 52.223-14. __ (41) 52.223-15, Energy Efficiency In Energy-consuming Products (dec 2007) (42 U.s.c. 8259b). __ (42) (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. xx (43) 52.223-18, Encouraging Contractor Policies To Ban Text Messaging While Driving (aug 2011) (e.o. 13513). __ (44) 52.223-20, Aerosols (jun 2016) (e.o. 13693). __ (45) 52.223-21, Foams (jun 2016) (e.o. 13696). __ (46) (i) 52.224-3, Privacy Training (jan 2017) (5 U.s.c. 552a).  __ (ii) Alternate I (jan 2017) Of 52.224-3. __ (47) 52.225-1, Buy American--supplies (may 2014) (41 U.s.c. Chapter 83). __ (48) (i) 52.225-3, Buy American--free Trade Agreements--israeli Trade Act (may 2014) (41 U.s.c. Chapter 83, 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 (may 2014) Of 52.225-3. __ (iii) Alternate Ii (may 2014) Of 52.225-3. __ (iv) Alternate Iii (may 2014) Of 52.225-3. __ (49) 52.225-5, Trade Agreements (aug 2018) (19 U.s.c. 2501, et Seq., 19 U.s.c. 3301 Note). xx (50) 52.225-13, Restrictions On Certain Foreign Purchases (june 2008) (e.o.’s, Proclamations, And Statutes Administered By The Office Of Foreign Assets Control Of The Department Of The Treasury). __ (51) 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). __ (52) 52.226-4, Notice Of Disaster Or Emergency Area Set-aside (nov 2007) (42 U.s.c. 5150). __ (53) 52.226-5, Restrictions On Subcontracting Outside Disaster Or Emergency Area (nov 2007) (42 U.s.c. 5150). __ (54) 52.232-29, Terms For Financing Of Purchases Of Commercial Items (feb 2002) (41 U.s.c. 4505), 10 U.s.c. 2307(f)). __ (55) 52.232-30, Installment Payments For Commercial Items (jan 2017) (41 U.s.c. 4505, 10 U.s.c. 2307(f)). xx (56) 52.232-33, Payment By Electronic Funds Transfer--system For Award Management (oct 2018) (31 U.s.c. 3332) __ (57) 52.232-34, Payment By Electronic Funds Transfer—other Than System For Award Management (jul 2013) (31 U.s.c. 3332). __ (58) 52.232-36, Payment By Third Party (may 2014) (31 U.s.c. 3332). ___ (59) [52.232-40, Providing Accelerated Payments To Small Business Subcontractors (deviation Apr 2020) (31 U.s.c. 3903 And 10 U.s.c. 2307).  ___ (60)] 52.239-1, Privacy Or Security Safeguards (aug 1996) (5 U.s.c. 552a). ___ ([62]61) 52.242-5, Payments To Small Business Subcontractors (jan 2017)(15 U.s.c. 637(d)(13)). ___ ([63]62)(i) 52.247-64, Preference For Privately Owned U.s.-flag Commercial Vessels (feb 2006) (46 U.s.c. Appx. 1241(b) And 10 U.s.c. 2631). __ (ii) Alternate I (apr 2003) Of 52.247-64. __ (iii) Alternate Ii (feb 2006) 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 Items: xx (1) 52.222-17, Nondisplacement Of Qualified Workers (may 2014) (e.o. 13495) xx (2) 52.222-41, Service Contract Labor Standards (aug 2018) (41 U.s.c. Chapter 67.). xx (3) 52.222-42, Statement Of Equivalent Rates For Federal Hires (may 2014) (29 U.s.c. 206 And 41 U.s.c. Chapter 67). xx (4) 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). __ (5) 52.222-44, Fair Labor Standards Act And Service Contract Labor Standards -- Price Adjustment (may 2014) (29 U.s.c. 206 And 41 U.s.c. Chapter 67). __ (6) 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). __ (7) 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). xx (8) 52.222-55, Minimum Wages Under Executive Order 13658 (dec 2015) (e.o. 13658). xx (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (jan 2017) (e.o. 13706). __ (10) 52.226-6, Promoting Excess Food Donation To Nonprofit Organizations. (may 2014) (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, 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 Items. 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 (oct 2015) (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 (jul 2018) (section 1634 Of Pub. L. 115-91). (iv) 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 $700,000 ($1.5 Million For Construction Of Any Public Facility), The Subcontractor Must Include 52.219-8 In Lower Tier Subcontracts That Offer Subcontracting Opportunities. (v) 52.222-17, Nondisplacement Of Qualified Workers (may 2014) (e.o. 13495). Flow Down Required In Accordance With Paragraph (1) Of Far Clause 52.222-17. (vi) 52.222-21, Prohibition Of Segregated Facilities (apr 2015). (vii) 52.222-26, Equal Opportunity (sep 2016) (e.o. 11246). (viii) 52.222-35, Equal Opportunity For Veterans (oct 2015) (38 U.s.c. 4212). (ix) 52.222-36, Equal Opportunity For Workers With Disabilities (jul 2014) (29 U.s.c. 793). (x) 52.222-37, Employment Reports On Veterans (feb 2016) (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 (mar 2015) (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 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 (may 2014) (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 (oct 2015) (e. O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (dec 2015). (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. (may 2014) (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 (feb 2006) (46 U.s.c. Appx 1241(b) 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 Items A Minimal Number Of Additional Clauses Necessary To Satisfy Its Contractual Obligations. (end Of Clause) (xiii) The Following Clauses Are Also Applicable To This Acquisition: far 52.252-2 Clauses Incorporated By Reference (feb 1998) this Contract Incorporates One Or More Clauses By Reference, With The Same Force And Effect As If They Were Given In Full Text. Upon Request, The Contracting Officer Will Make Their Full Text Available. Also, The Full Text Of A Clause May Be Accessed Electronically At This/these Address(es): far: Https://www.acquisition.gov/far/  car: Http://farsite.hill.af.mil/vfcara.htm far 52.204-7 System For Award Managemen (oct 2018) far 52.204-18 Commercial And Govrnment Entity Code Maintenance (jul 2016) far 52.204-21 Basic Safeguarding Of Covered Contractor Information Systems (jun 2016) far 52.242-13 Bankruptcy (jul 1995) far 52.246-25 Limitation Of Liability – Services (feb 1997) car 1352.201-70 Contracting Officer's Authority (apr 2010) 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) far 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 The Performance Period Of The Contract. (end Of Clause) addendum To Far 52.217-8: inclusion Of Far Clause 52.217-8, Option To Extend Services, In The Solicitation And Resultant Contract Is For Use By The Government As Outlined At Far 37.111, Extension Of Services. The Option Will Be Exercised As Needed At Any Time During The Life Of The Contract Using The Rates Applicable At The Time Of Exercise. far 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 Thirty (30) Calendar Days Of Contract Expiration, Provided That The Government Gives The Contractor A Preliminary Written Notice Of Its Intent To Extend At Least Sixty (60) Calendar 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 Four Years? (end Of Clause) far 52.222-49 Service Contract Labor Standards-place Of Performance Unknown (may 2014)       (a) This Contract Is Subject To The Service Contract Labor Standards Statute, And The Place Of Performance Was Unknown When The Solicitation Was Issued. In Addition To Places Or Areas Identified In Wage Determinations, If Any, Attached To The Solicitation, Wage Determinations Have Also Been Requested For The Following: _honolulu, Hawaii__. The Contracting Officer Will Request Wage Determinations For Additional Places Or Areas Of Performance If Asked To Do So In Writing By _august 5, 2020 @ 2:00pm Pacific Time.       (b) Offerors Who Intend To Perform In A Place Or Area Of Performance For Which A Wage Determination Has Not Been Attached Or Requested May Nevertheless Submit Bids Or Proposals. However, A Wage Determination Shall Be Requested And Incorporated In The Resultant Contract Retroactive To The Date Of Contract Award, And There Shall Be No Adjustment In The Contract Price. (end Of Clause) far 52.252-4 Alterations In Contract (apr 1984) portions Of This Contract Are Altered As Follows: (to Be Completed Upon Contract Award, If Applicable) (end Of Clause) far 52.252-6 Authorized Deviations In Clauses (apr 1984) (a) The Use In This Solicitation Or Contract Of Any Federal Acquisition Regulation (48 Cfr Chapter 1) Clause With An Authorized Deviation Is Indicated By The Addition Of “(deviation)” After The Date Of The Clause. (b) The Use In This Solicitation Or Contract Of Any Department Of Commerce Procurement Memoranda. (48 Cfr Chapter 1452) Clause With An Authorized Deviation Is Indicated By The Addition Of “(deviation)” After The Name Of The Regulation. (end Of Clause) car 1352.201-72 Contracting Officer's Representative (cor) (apr 2010)   (a) [to Be Assigned At Award By Separate Letter] 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 Assigned At Award By Separate Letter]   (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) car 1352.246-70 Place Of Acceptance (apr 2010) the Contracting Officer Or The Duly Authorized Representative Will Accept Supplies And Services To Be Provided Under This Contract.   the Place Of Acceptance Will Be: nmfs Pifsc Ecosystem Scncs Div f/pic8 Nat'l Marine Fish Svc 1845 Wasp Blvd, Bldg 176 honolulu Hi 96818 (end Of Clause)  car 1352.270-70 Period Of Performance (apr 2010) the Base Period Of Performance Of This Contract Is From September 1, 2020 Through August 31, 2021.   the Option Periods That May Be Exercised Are As Follows:   period                   Start Date                             End Date option I                 September 1, 2021              August 31, 2022 option Ii               September 1, 2022              August 31, 2023 option Iii              September 1, 2023              August 31, 2024 nam 1330-52.203-70 Scientific Integrity And Research Misconduct (a) Definitions. As Used In This Provision – scientific Activities Mean Activities That Involve Inventorying, Monitoring, Observations, Experimentation, Study, Research, Integration, Modeling, And Scientific Assessment. scientific Integrity Means The Condition Resulting From Adherence To Professional Values And Practices When Conducting And Applying The Results Of Science That Ensures Objectivity, Clarity, And Reproducibility, And That Provides Insulation From Bias, Fabrication, Falsification, Plagiarism, Interference, Censorship, And Inadequate Procedural And Information Security. presentation Of Scientific Activities Results Includes The Analysis, Synthesis, Compilation, Or Translation Of Scientific Information And Data Into Formats For The Use Of The Department Of Commerce Or The United States Of America. scientific And Research Misconduct Means Fabrication, Falsification, Or Plagiarism In Proposing, Performing, Or Reviewing Scientific And Research Activities, Or In The Products Or Reporting Of The Results Of These Activities. It Specifically Includes Intentional Circumvention Of The Integrity Of The Scientific And Research Process And Actions That Compromise That Process, But Does Not Include Honest Error Or Differences Of Opinion. investigation Is Formal Collection And Evaluation Of Information And Facts To Determine If Scientific Or Research Misconduct Can Be Established, To Assess Its Extent And Consequences, And To Recommend Appropriate Action. (b) General Guidelines maintaining Integrity. The Contractor Shall Maintain The Scientific Integrity Of Research Performed Pursuant To This Contract Award Including The Prevention, Detection, And Remediation Of Research Misconduct, And The Conduct Of Inquiries, Investigations And Adjudication Of Allegations Of Research Misconduct. in Performing Or Presenting The Results Of Scientific Activities Under The Contract, And In Responding To Allegations Of Scientific And Research Misconduct, The Contractor Shall Comply With The Provisions Herein And Noaa Administrative Order (nao) 202-735d, Scientific Integrity, And Its Procedural Handbook, Including Any Amendments Thereto. primary Responsibility. The Contractor Shall Have The Primary Responsibility To Prevent, Detect, And Investigate Allegations Of Scientific And Research Misconduct. Unless Otherwise Instructed By The Contracting Officer, The Contractor Shall Promptly Conduct An Initial Inquiry Into Any Allegation Of Such Misconduct And May Rely On Its Internal Policies And Procedures, As Appropriate, To Do So. by Executing This Contract, The Contractor Provides Its Assurance That It Has Established An Administrative Process For Performing An Inquiry, Investigating, And Reporting Allegations Of Scientific And Research Misconduct; And That It Will Comply With Its Own Administrative Process For Performing An Inquiry, Investigation And Reporting Of Such Misconduct. the Contractor Shall Insert The Substance Of This Requirement In Subcontracts At All Tiers That Involve Research Being Performed Under This Contract. (c) Investigating Misconduct Research 1. Initiating Investigation. If The Contractor Determines That There Is Sufficient Evidence To Proceed To An Investigation, It Shall Notify The Contracting Officer And, Unless Otherwise Instructed, The Contractor Shall: a. Promptly Conduct An Investigation To Develop A Complete Factual Record And An Examination Of Such Record Leading To Either A Finding Of Scientific And Research Misconduct And An Identification Of Appropriate Remedies Or A Determination That No Further Action Is Warranted. b. If The Investigation Leads To A Finding Of Scientific And Research Misconduct, Obtain Adjudication By A Neutral Third Party Adjudicator. The Adjudication Must Include A Review Of The Investigative Record And, As Warranted, A Determination Of Appropriate Corrective Actions And Sanctions. 2. Finalizing Investigation. When The Investigation Is Complete, The Contractor Shall Forward To The Contracting Officer A Copy Of The Evidentiary Record, The Investigative Report, Any Recommendations Made To The Contractor’s Adjudicating Official, The Adjudicating Official’s Decision And Notification Of Any Corrective Action Taken Or Planned, And The Subject’s Written Response (if Any). (d) Findings And Corrective Actions 1. If The Contractor Finds That Scientific And Research Misconduct Has Occurred, It Shall Assess The Seriousness Of The Misconduct And Its Impact On The Research Completed Or In Process And Shall:  i. Take All Necessary Corrective Actions,  Which  Includes,  But  Are Not Limited To, Correcting The Research Record, And, As Appropriate, Imposing Restrictions, Controls, Or Other Parameters On Research In Process Or To Be Conducted In The Future, And ii. Coordinate Remedial Action With The Contracting Officer. (e) Department Of Commerce Actions 1. The Department Of Commerce May Accept The Contractor’s Findings Or Proceed With Its Own Investigation, In Which Case The Contractor Shall Fully Cooperate With The Investigation. The Contracting Officer Will Inform The Contractor Of The Department’s Final Determination. 2. The Department Of Commerce Reserves The Right To Pursue Such Remedies And Other Actions As It Deems Appropriate, Consistent With The Terms And Conditions Of The Contract And Applicable Laws And Regulations. Such Remedies And Actions May Include, But Are Not Limited To, Disallowance Of Costs, Recoupment Of Contract Payments, And Suspension Or Debarment. (end Of Solicitation And Contract Language) 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 41 U.s.c. § 2104 Regarding The Restrictions On A Former Federal Employee Involved In An Acquisition Over $10,000,000 From Accepting Compensation From A Contractor. (end Of Solicitation And Contract Language) nam 1330-52.222-70 Noaa Sexual Assault And Sexual Harassment Prevention And Response Policy (may 2018) in Accordance With Noaa Administrative Order (nao) 202-1106, Noaa Sexual Assault And Sexual Harassment Prevention And Response Policy, It Is The Policy Of Noaa To Maintain A Work Environment Free From Sexual Assault And Sexual Harassment. Noaa Prohibits Sexual Assault And Sexual Harassment By Or Of Any Employee, Supervisor, Manager, Contractor, Vendor, Affiliate, Or Other Individual With Whom Noaa Employees Come Into Contact By The Virtue Of Their Work For Noaa. (a) Definitions. contractor Employees - The Term “contractor Employees,” As Used In This Solicitation And Contract Language, Refers To Employees Of The Prime Contractor Or Its Subcontractors, Affiliates, Consultants, Or Team Members. sexual Assault - The Term Sexual Assault, As Used In This Solicitation And Contract Language, Means Any Conduct Proscribed By State Or Federal Sexual Abuse Laws, Including, But Not Limited To, Those Defined In Chapter 109a Of Title 18 Of The U.s. Code (sexual Abuse), And Assaults Committed Both By Offenders Who Are Strangers To The Victim And By Offenders Who Are Known Or Related By Blood Or Marriage To The Victim. sexual Harassment - As Defined By The Equal Employment Opportunity Commission, Sexual Harassment Is A Form Of Sex Discrimination That Violates Title Vii Of The Civil Rights Act Of 1964. It Includes Unwelcome Sexual Advances, Requests For Sexual Favors, And Other Verbal, Non-verbal, Or Physical Conduct Of A Sexual Nature When Any Of The Following Are True: submission To Such Conduct Is Made Either Explicitly Or Implicitly As A Term Or Condition Of An Individual's Employment; submission To Or 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. i. Swift Reporting Allows Noaa And The Contractor To Take The Appropriate Measures To Ensure That Offensive Behavior Stops And The Complainants’ Needs Are Addressed. ii. 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). 4.   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. i. 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: Http://www.ago.noaa.gov/quicklinks/harassment_training.html. 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. ii. 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. iii. 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. iv. 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. 5.   The Contractor Shall Provide A Copy Of This Solicitation And Contract Language And Nao 202-1106 To Contractor Employees. (c) Sexual Assault/sexual Harassment (sash) Helpline. for Noaa Employees, Affiliates, And Contractors Who Have Experienced Sexual Assault Or Sexual Harassment, Noaa Has Established The Noaa Sexual Assault/sexual Harassment (sash) Helpline. This Helpline Is Designed To Provide Crisis Intervention, Referrals, And Emotional Support To Those Who Are Victims And/or Survivors Of Sexual Harassment Or Sexual Assault Within The Workplace. Contractor Employees May Use The Helpline To Receive Live, Confidential, One-on-one Support In An Occurrence Of Sexual Harassment Or Assault By A Federal Government Employee. All Services Are Anonymous, Secure, And Available Worldwide, 24 Hours A Day, Seven Days A Week. The Noaa Sash Helpline Is Accessible Through A Variety Of Channels, Including: phone: 1-866-288-6558 website & Online Chat: Https://noaasashhelpline.org mobile App: Noaa Sash Helpline (available Via Ios And Android App Stores) text: (202) 335-0265 (d) Confidentiality. any Party Receiving Information From The Filing Of A Complaint Alleging Sexual Assault Or Sexual Harassment, Or While Performing An Investigation Into Such A Complaint, Shall Keep The Information Confidential. “confidentiality” Means That The Information Shall Only Be Shared With Others Who Have A Need To Know The Information To Conduct Their Official Duties. (e) Remedies. in Addition To Other Remedies Available To The Government, Contractor Employee Violations Of Federal Requirements (e.g., Law, Statutes, Executive Orders, Code, Rules, Regulations) Applicable To Sexual Assault And Sexual Harassment And/or Failure To Complete The Mandatory Training Set Forth In This Solicitation And Contract Language, May Result In: 1. Requiring The Contractor To Remove A Contractor Employee Or Employees From The Performance Of The Contract; 2. Requiring The Contractor To Terminate A Subcontract; 3. Suspension Of Contract Payments Until The Contractor Has Taken Appropriate Remedial Action; 4. Termination Of The Contract For Default Or Cause, In Accordance With The Termination Clause Of This Contract; 5. Suspension Or Debarment; Or 6. Other Appropriate Action. (end Of Solicitation And Contract Language) nam 1330-52.237-71 Noaa Government-contractor Relations – Non-personal Services Contract (sept 2017) (a) The Government And The Contractor Understand And Agree That The Services To Be Delivered Under This Contract By The Contractor To The Government Are Non-personal Services As Defined In Far Part 37, Service Contracting, And The Parties Recognize And Agree That No Employer-employee Relationship Exists Or Will Exist Under The Contract Between The Government And The Contractor’s Personnel. It Is, Therefore, In The Best Interest Of The Government To Afford Both Parties An Understanding Of Their Respective Obligations. (b) Contractor Personnel Under This Contract Shall Not: (1) Be Placed In A Position Where They Are Under Relatively Continuous Supervision And Control Of A Government Employee. (2) Be Placed In A Position Of Command, Supervision, Administration, Or Control Over Government Personnel Or Over Personnel Of Other Contractors Performing Under Other Noaa Contracts. (c) The Services To Be Performed Under This Contract Do Not Require The Contractor Or The Contractor’s Personnel To Exercise Personal Judgement And Discretion On Behalf Of The Government. Rather, The Contractor’s Personnel Will Act And Exercise Personal Judgement And Discretion On Behalf Of The Contractor. (d) Rules, Regulations, Directives, And Requirements That Are Issued By The Department Of Commerce And Noaa Under Its Responsibility For Good Order, Administration, And Security Are Applicable To All Personnel Who Enter The Government Installation And Facilities, Who Are Provided Access To Government Systems, Or Who Travel On Government Transportation. This Is Not To Be Construed Or Interpreted To Establish Any Degree Of Government Control That Is Inconsistent With A Non-personal Services Contract. (e) Both Parties Are Responsible For Monitoring Contract Activities For Indications Of Improper Employee-employer Relationships During Performance. In The Event A Situation Or Occurrence Takes Place Inconsistent With This Contract Language, The Following Applies: (1) The Contractor Shall Notify The Contracting Officer In Writing Within 5 Business Days From The Date Of Any Situation Or Occurrence Where The Contractor Considers Specific Contract Activity To Be Inconsistent With The Intent Of This Contract Language. The Notice Must Include The Date, Nature And Circumstance Of The Situation Or Occurrence, The Name, Function And Activity Of Each Government Employee Or Contractor Employee Involved Or Knowledgeable About The Situation Or Occurrence, Provide Any Documents Or The Substance Of Any Oral Communications Related To The Activity, And An Estimated Date By Which The Government Is Recommended To Respond To The Notice In Order To Minimize Cost, Delay, Or Disruption Of Performance. (2) The Contracting Officer Will Review The Information Provided By The Contractor, Obtain Additional Information (if Needed), And Respond In Writing As Soon As Practicable After Receipt Of The Notification From The Contractor. The Contracting Officer’s Response Will Provide A Decision On Whether The Contracting Officer Determines The Situation Or Occurrence To Be Inconsistent With The Intent Of This Contract Language And, If Deemed Necessary, Will Specify Any Corrective Action(s) To Be Taken In Order To Resolve The Issue. (end Of Solicitation And Contract Language)  nam 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: allow Contractors To Better Prepare For And Propose On Business Opportunities. advise As To Technologies And Solutions Within The Marketplace That The Government May Not Be Aware Of, Or Is Not Fully Benefiting. identify Constraints In Transparency.  (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: 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 A­76 Competition Performance Decisions, Judicial Or Congressional Hearings, Or Proposal, Amendment, Modification Or Deliverable Due Dates). the Ago Ombudsman Cannot Participate In The Evaluation Of Proposals, Source Selection Processes, Or The Adjudication Of Protests Or Formal Contract Disputes. the Ago Ombudsman Is Not Authorized To Generate Or Alter Laws, Judicial Decisions, Rules, Policies, Or Formal Guidance. the Ago Ombudsman Is Not Authorized To Develop Or Alter Opportunity Announcements, Solicitations, Contracts, Or Their Terms Or Conditions. the Ago Ombudsman Cannot Overrule The Authorized Decisions Or Determinations Of The Contracting Officer. the Ago Ombudsman Has No Authority To Render A Decision That Binds Ago, Noaa, The Department Of Commerce, Or The S. Government. 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) nam 1330-52.243-70 Requests For Equitable Adjustment (oct 2017) (a) The Amount Of Any Request For Equitable Adjustment To Contract Terms Shall Accurately Reflect The Contract Adjustment For Which The Contractor Believes The Government Is Liable. The Request Shall Include Only Costs For Performing The Change. All Indirect Costs Included In The Request Shall Be Properly Allocable To The Change In Accordance With Applicable Acquisition Regulations. (b) Any Request For Equitable Adjustment To Contract Terms That Exceeds The Simplified Acquisition Threshold Shall Bear, At The Time Of Submission, The Following Certificate Executed By An Individual Authorized To Certify The Request On Behalf Of The Contractor: i Certify That The Request Is Made In Good Faith, And That The Supporting Data Are Accurate And Complete To The Best Of My Knowledge And Belief. _______________ (official’s Name) _______________ (title) (c) The Certification In Paragraph (b) Of This Clause Requires Full Disclosure Of All Relevant Facts, Including: certified Cost Or Pricing Data, If Required, In Accordance With Subsection 15.403-4 Of The Federal Acquisition Regulation (far); And data Other Than Certified Cost Or Pricing Data, In Accordance With Subsection 15.403-3 Of The Far, Including Actual Cost Data And Data To Support Any Estimated Costs, Even If Certified Cost Or Pricing Data Are Not Required. (d) The Certification Requirement In Paragraph (b) Of This Clause Does Not Apply To: (1) Requests For Routine Contract Payments; For Example, Requests For Payment For Accepted Supplies And Services, Routine Vouchers Under A Cost-reimbursement Type Contract, Or Progress Payment Invoices; Or Final Adjustments Under An Incentive Provision Of The Contract. (end Of Solicitation And Contract Language)  (xiii) The Following Far Provisions, Incorporated By Reference, Are Applicable To This Acquisition: far 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): far: Https://www.acquisition.gov/far/ car: Http://farsite.hill.af.mil/vfcara.htm far 52.225-25 Prohibition On Contracting With Entities Engaging In Certain Activities Or Transactions Relating To Iran – Representation And Certifications (jun 2020) far 52.204-24 representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment (dec 2019) the Offeror Shall Not Complete The Representation In 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 The Provision At 52.204-26, Covered Telecommunications Equipment Or Services-representation, Or In Paragraph (v) Of The Provision At 52.212-3, Offeror Representations And Certifications-commercial Items.       (a) definitions. as Used In This Provision—      “covered Telecommunications Equipment Or Services”, “critical Technology”, And “substantial Or Essential Component” Have The Meanings Provided In Clause 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment.       (b) prohibition. 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. Contractors Are Not Prohibited From Providing—            (1) a Service That Connects To The Facilities Of A Third-party, Such As Backhaul, Roaming, Or Interconnection Arrangements; Or            (2) telecommunications Equipment That Cannot Route Or Redirect User Data Traffic Or 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) representation. the Offeror Represents That It â–¡ will, â–¡ 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.       (e) disclosures. if The Offeror Has Represented In Paragraph (d) Of This Provision That It “will” Provide Covered Telecommunications Equipment Or Services”, The Offeror Shall Provide The Following Information As Part Of The Offer—            (1) a Description Of All Covered Telecommunications Equipment And Services Offered (include Brand; Model Number, Such As Original Equipment Manufacturer (oem) Number, Manufacturer Part Number, Or Wholesaler Number; And Item Description, As Applicable);            (2) explanation Of The Proposed Use Of Covered Telecommunications Equipment And Services And Any Factors Relevant To Determining If Such Use Would Be Permissible Under The Prohibition In Paragraph (b) Of This Provision;            (3) for Services, The Entity Providing The Covered Telecommunications Services (include Entity Name, Unique Entity Identifier, And Commercial And Government Entity (cage) Code, If Known); And            (4) for Equipment, 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). (end Of Provision) car 1352.233-70 Agency Protests (apr 2010) (a) An Agency Protest May Be Filed With Either: (1) The Contracting Officer, Or (2) At A Level Above The Contracting Officer, With The Appropriate Agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (april 6, 1999) (b) Agency Protests Filed With The Contracting Officer Shall Be Sent To The Following Address: doc, Noaa, Wad, Sou6 attn: Alea Cox, Contracting Officer 7600 Sand Point Way Ne     seattle, Wa  98115-6349 (c) Agency Protests Filed With The Agency Protest Decision Authority Shall Be Sent To The Following Address: doc, Noaa, Wad, Sou6 attn: Joseph Greene, Wad Deputy Director 7600 Sand Point Way Ne     seattle, Wa  98115-6349 (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 Provision) car 1352.233-71 Gao And Court Of Federal Claims Protests (apr 2010) (a) A Protest May Be Filed With Either The Government Accountability Office (gao) Or The Court Of Federal Claims Unless An Agency Protest Has Been Filed. (b) A Complete Copy Of All Gao Or Court Of Federal Claims Protests, Including All Attachments, Shall Be Served Upon (i) The Contracting Officer, And (ii) The Contract Law Division Of The Office Of The General Counsel, Within One Day Of Filing A Protest With Either Gao Or The Court Of Federal Claims. (c) Service Upon The Contract Law Division Shall Be Made As Follows:     U.s. Department Of Commerce     Office Of The General Counsel     Chief, Contract Law Division     Room 5893     Herbert C. Hoover Building     14th Street And Constitution Avenue, N.w.     Washington, D.c. 20230.     Fax: (202) 482-5858 (end Of Provision)  (xiv) The Defense Priorities And Allocations System (dpas) Is Not Applicable To This Solicitation. (xv) Offers Are Required To Be Received By Email No Later Than 200 P.m. Pacific Time On August 10, 2020. All Offers Must Be E-mailed To Mona Ash At Mona.m.ash@noaa.gov. (xvi) Any Questions Concerning This Solicitation Should Be Directed To Contract Specialist, Mona Ash, At Mona.m.ash@noaa.gov.  The Government Will Not Be Responsible For Any Failure Attributable To The Transmission Or Receipt Of The Email/facsimile, Including The Missing Of Any Established Deadlines. it Is The Offeror’s Responsibility To Confirm The government’s Receipt Of Transmitted Information.