PRESOL | R | Professional Facilities Planning and Management Support Services - RFQ NMFS AKR-11-0525G

FBO DAILY ISSUE OF MAY 27, 2011 FBO #3471
SOLICITATION NOTICE

R -- Professional Facilities Planning and Management Support Services - RFQ NMFS AKR-11-0525G

Notice Date: 5/25/2011
Notice Type: Combined Synopsis/Solicitation
NAICS: 561210 — Facilities Support Services
Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), NOAA/National Marine Fisheries Service, James J. Howard Marine Sciences Lab, 74 Magruder Road, Highlands, New Jersey, 07732, United States
ZIP Code: 07732
Solicitation Number: NMFS_AKR-11-0525G
Archive Date: 6/25/2011
Point of Contact: Gilbert Mendoza, Phone: 907-586-7579
E-Mail Address: gilbert.mendoza@noaa.gov
(gilbert.mendoza@noaa.gov)
Small Business Set-Aside: N/A
Description: RFQ NMFS AKR-11-0525G REQUEST FOR QUOTATION (THIS IS NOT AN ORDER) OMB Approval No. 9000-0009 This RFQ [X] is [ ] is not a Small Business Set-Aside REQUEST NO.NMFS AKR-11-0525G 2. DATE ISSUED May 25, 2011 ISSUED BY: U.S. DEPT. OF COMMERCE, NOAA, NMFS ALASKA REGION (AKR) P.O. BOX 21668, JUNEAU, AK 99802 6. DELIVER BY (Date) PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE ABOVE BEFORE CLOSE OF BUSINESS (Date) FRIDAY - JUNE 10, 2011 IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the above address. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter. Per the attached statement of work (SOW) contractor to provide NOAA National Marine Fisheries 400 hours of Professional Facilities Planning and Management Support Services. To be considered for award please submit a complete proposal of qualifications including key personnel and experience with references. Proposals should be detailed enough to support award per the SOW. Government will make award based on best value with award factors in order of importance per the SOW. Request Number: NMFS AKR-11-0525G Date Issued: May 25, 2011 QUOTED BY(type or print): _________________________________________ DATE___________ COMPANY NAME:__________________________ E-mail ADDRESS:____________________ PHONE:____________________________ SMALL BUSINESS?________________________ FAX:_____________________________ TAX ID No:_______________________________ DUNS No: ________________________________ CAGE CODE (CCR):________________________ NAICS CODE: __561210_____________________ SIZE STANDARD: _$7.0 million _____________ FAX QUOTE BY FRIDAY - JUNE 10, 2011 TO GILBERT MENDOZA AT (907) 586-7255 Or E-mail at: gilbert.mendoza@noaa.gov. NOTE TO QUTOER: THE NOAA NMFS ALASKA REGION ACQUISITION DIVISION, REQUIRES THAT ALL CONTRACTORS DOING BUSINESS WITH THIS ACQUISITION OFFICE BE REGISTERED WITH THE CENTRAL CONTRACTOR REGISTRY (CCR) AS OF OCTOBER 1, 2003. AFTER THIS DATE, NO AWARD CAN BE MADE UNLESS THE VENDOR IS REGISTERED IN CCR. FOR ADDITIONAL INFORMATION AND TO REGISTER IN CCR PLEASE ACCESS THE FOLLOWING WEB SITE: HTTP://WWW.CCR.GOV. IN ORDER TO REGISTER WITH THE CCR AND TO BE ELIGIBLE TO RECEIVE AN AWARD FROM THIS ACQUISITION OFFICE, ALL OFFERERS MUST HAVE A DUN & BRADSTREET NUMBER. A DUN & BRADSTREET NUMBER MAY BE ACQUIRED FREE OF CHARGE BY CONTACTING DUN & BRADSTREET ON-LINE AT WWW.DNB.COM/EUPDATE OR BY PHONE AT (800) 333-0505. ALL CONTRACTORS ARE ALSO REQUIRED TO COMPLETE ONLINE REPRESENTATIONS AND CERTIFICATIONS AT HTTP://ORCA.BPN.GOV. 1. 33.215 {33.215} Contract clause. 2. 52.204-7 CENTRAL CONTRACTOR REGISTRATION (JULY 2006) 3. 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006) 4. 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 5. 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) 6. 52.222-3 CONVICT LABOR (JUN 2003) 7. 52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007) 8. 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) 9. 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006) 10. 52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007) 11. 52.232-1 PAYMENTS (APR 1984) 12. 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) 13. 52.232-11 EXTRAS (APR 1984) 14. 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) 15. 52.232-25 PROMPT PAYMENT (OCT 2003) 16. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003) 17. 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN CENTRAL CONTRACTOR REGISTRATION (MAY 1999) 18. 52.233-3 PROTEST AFTER AWARD (AUG 1996) 19. 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 20. 52.243-1 CHANGES--FIXED-PRICE (AUG 1987) 21. 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984) 22. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007) 23. 52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (FEB 2008) 24. 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) 25. 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUN 2007) 26. 1352.239-73 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES (DEC 2006) 27. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 28. 52.217-5 EVALUATION OF OPTIONS (JULY 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). 29. 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 PERIOD SPECIFIED IN THE SCHEDULE. 30. 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 60 DAYS; PROVIDED THAT THE GOVERNMENT SHALL GIVE THE CONTRACTOR A PRELIMINARY WRITTEN NOTICE OF ITS INTENT TO EXTEND AT LEAST 60 DAYS BEFORE THE CONTRACT EXPIRES. THE PRELIMINARY NOTICE DOES NOT COMMIT THE GOVERNMENT TO AN EXTENSION. (B) IF THE GOVERNMENT EXERCISES THIS OPTION, THE EXTENDED CONTRACT SHALL BE CONSIDERED TO INCLUDE THIS OPTION CLAUSE. (C) THE TOTAL DURATION OF THIS CONTRACT, INCLUDING THE EXERCISE OF ANY OPTIONS UNDER THIS CLAUSE, SHALL NOT EXCEED 3 YEARS. 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006) (Reference 4.1202) 4. 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) (Reference 14.201-6) 5. 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991) (Reference 14.201-6) 6. 52.222-3 CONVICT LABOR (JUN 2003) (Reference 22.202) 7. 52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007) (Reference) 8. 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) (Reference 23.505) 9. 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006) (Reference 25.1103) 10. 52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007) (Reference) 11. 52.232-1 PAYMENTS (APR 1984) (Reference) 12. 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) (Reference 32.111) 13. 52.232-11 EXTRAS (APR 1984) (Reference 32.111) 14. 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) (Reference 32.806) 15. 52.232-25 PROMPT PAYMENT (OCT 2003) (Reference 32.908) 16. 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003) (Reference 32.1110) 17. 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN CENTRAL CONTRACTOR REGISTRATION (MAY 1999) (Reference) 18. 52.233-3 PROTEST AFTER AWARD (AUG 1996) (Reference 33.106) 19. 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (Reference 33.215) 20. 52.243-1 CHANGES--FIXED-PRICE (AUG 1987) (Apr 1984). If the requirement is for services, other than architect-engineer or other professional services, and no supplies are to be furnished, substitute the following paragraph (a) for paragraph (a) of the basic clause: (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: (1) Description of services to be performed. (2) Time of performance (i.e., hours of the day, days of the week, etc.). (3) Place of performance of the services. 21. 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT FORM) (APR 1984) (Reference 49.502) 22. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, as amended, and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended. (b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. (End of clause) 23. 52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (FEB 2008) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (ii) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (E.O. 11246). (iii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (iv) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). (v) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (vii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (2) Listed below are additional clauses that apply: (i) 52.232-1, Payments (Apr 1984). (ii) 52.232-8, Discounts for Prompt Payment (Feb 2002). (iii) 52.232-11, Extras (Apr 1984). (iv) 52.232-25, Prompt Payment (Oct 2003). (v) 52.233-1, Disputes (July 2002). (vi) 52.244-6, Subcontracts for Commercial Items (Mar 2007). (vii) 52.253-1, Computer Generated Forms (Jan 1991). (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.) (ii) 52.222-20, Walsh-Healey Public Contracts Act (Dec 1996) (41 U.S.C. 35-45) (Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S. Virgin Islands). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (Applies to contracts over $10,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212) (Applies to contracts of $100,000 or more). (vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (vii) 52.223-5, Pollution Prevention and Right-to-Know Information (Aug 2003) (E.O. 13148) (Applies to services performed on Federal facilities). (viii) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energyconsuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be-- (A) Delivered; (B) Acquired by the Contractor for use in performing services at a Federally-controlled facility; (C) Furnished by the Contractor for use by the Government; or (D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.) (ix) 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. 10a-10d) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-- (A) Is set aside for small business concerns; or (B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000). (x) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the Central Contractor Registration (CCR) database as its source of EFT information.) (xi) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999). (Applies when the payment will be made by EFT and the payment office does not use the CCR database as its source of EFT information.) (xii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) (2) Listed below are additional clauses that may apply: (i) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sept 2006) (Applies to contracts over $30,000). (ii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies). (iii) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin). (iv) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination). (c) "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): __________ (d) "Inspection/Acceptance." The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) "Excusable delays." The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) "Termination for the Government's convenience." The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) "Termination for cause." The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) "Warranty." The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (End of Clause) 24. 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) (a) (1) The North American Industry Classification System (NAICS) code for this acquisition is _541210__ (2) The small business size standard is __$7.0 Million___ (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it /_/ is, /_/ is not a small business concern. (2) The offeror represents, for general statistical purposes, that it /_/ is, /_/ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) The offeror represents as part of its offer that it /_/ is, /_/ is not a women-owned small business concern. (4) The offeror represents as part of its offer that it /_/ is, /_/ is not a veteran-owned small business concern. (5) The offeror represents as part of its offer that it /_/ is, /_/ is not a service-disabled veteran-owned small business concern. (6) The offeror represents, as part of its offer, that-- (i) It /_/ is, /_/ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It /_/ is, /_/ is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:__________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (c) Definitions. As used in this provision-- "Service-disabled veteran-owned small business concern"-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (a) of this provision. "Veteran-owned small business concern" means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned small business concern" means a small business concern-- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, HUBZone small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of Provision) 25. 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUN 2007) (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts-- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it /_/ is, /_/ is not a small business concern under NAICS Code _____ assigned to contract number ______________. [The Contractor needs to sign and date and insert authorized signer's name and title]. (End of clause) 26. 1352.239-73 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES (DEC 2006) (a) Applicability. This clause is applicable to all contracts that require Contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems that process or store information, that directly support the mission of the Agency. (b) Definitions. For purposes of this clause the term "Sensitive" is defined by the guidance set forth in: (1) Sensitive information "... any information, the loss, misuse, or unauthorized access, to or modification of which could adversely affect the national interest or the, conduct of federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy." (2) For purposes of this clause, the term "National Security" is defined by the guidance set forth in: (i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3 (http://www.osec.doc.gov/cio/ITSIT/DOC-IT-Security-Program-Policy.htm). (ii) The DOC Security Manual, Chapter 18 (http://home.commerce.gov/osy/SecurityManual/Security%20Manual%20Contents2.pdf) (iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress. (3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. (c) The Contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor's systems that are interconnected with a DOC network or DOC systems that are operated by the Contractor. (d) All Contractor personnel performing under this contract and Contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (http://www.osec.doc.gov/cio/cio_it_policy_page.htm), or equivalent/more specific agency or bureau guidance as specified immediately hereafter: __________ (e) Contractor personnel requiring a user account for access to systems operated by the Contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts. (f) Within 5 days after contract award, the Contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the Contractor of any other available DOC training resources. Annually thereafter the Contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy. (g) Within 5 days of contract award, the Contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209-72, Restrictions Against Disclosures. (h) The Contractor shall afford DOC, including the Office of Inspector General, access to the Contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime. (i) For all Contractor-owned systems for which performance of the contract requires interconnection with a DOC network or that DOC data be stored or processed on them, the Contractor shall provide, implement, and maintain a System Accreditation Package in accordance with chapter 6 of the DOC IT Security Program Policy. Specifically, the Contractor shall: (1) Within 14 days after contract award, the contractor shall submit for DOC approval a System Certification Work Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy, Section 6.5.2 and __________ The Certification Work Plan, approved by the COR, in consultation with the DOC IT Security Officer, or Agency/Bureau IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract. (2) Upon approval, the Contractor shall follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official. (3) Upon receipt of the Security Assessment Report and Authorizing Official's written accreditation decision from the COR, the Contractor shall maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, section 6.3.1.2. (j) The Contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause. (End of clause) 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 address: http://www.arnet.gov/far/ 52.203-3 GRATUITIES (APR 1984) 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000) 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008) 52.242-15 STOP-WORK ORDER (AUG 1989) (End of Clause) Homeland Security Policy Directive (HSPD-12) Implementation The performance of this contract requires contract employees to have physical access to the Federal Government's premises for more than 180 calendar days or to have access to a Federal Government's information system. Any items or services delivered under this contract shall comply with the Department of Commerce personal identity verification (PIV) procedures that implement HSPD-Federal Information FIPS PUB 201 (http://www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf) and OMB Memorandum M-05-24 (http://csrc.nist.gov/piv-program/memo/m05-24.pdf). The contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a Federally controlled facility or access to a Federal information system. ADDENDUM TO FAR 52.212-4 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) 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (End of clause) 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (End of clause) 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 provides a technically acceptable proposal at a reasonable price. The following factors will be used to evaluate quotations: (1) Technical Requirements. The offeror's ability to meet or exceed the requirements set forth in the Statement of Work will be evaluated to determine if they meet the needs of the customer. (2) Contractor experience. The offeror's experience to meet or exceed the requirements set forth in the Statement of Work. (3) Past Performance. The offeror's past performance on related contracts will be evaluated to determine, as appropriate, successful performance of contract requirements, quality and timeliness of delivery of goods and services, cost management, communications between contracting parties, proactive management and customer satisfaction. (4) Price. (End of clause) NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (a) During the term of this contract, the Contractor shall post a notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f). (1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by the employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract. (2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers." (b) This required notice, printed by the Department of Labor, can be- (1) obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5609, Washington, DC 20210, (202)693-0123, or from any field office of the Office of Labor Management Standards or Office of Federal Contract Compliance Programs; or (2) provided by the Federal contracting agency, if requested; or (3) downloaded from the Office of Labor-Management Standards web site at www.dol.qov/olms/reQs/compliance/E012496; or (4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster. (c) The required text of the Employee Notification referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471. (d) The Contractor shall comply with all provisions of the Employee Notice and related rules, regulations, and orders of the Secretary of Labor. (e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of the clause, this contract may be terminate or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and FAR Subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 471, which implements Executive Order 13496 or as otherwise provided by law. (f) Subcontracts. (1) The Contractor shall include the substance of the provisions of paragraphs (a) through (f) of this clause in every subcontract that exceeds $10,000 unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor. (2) The Contractor and subcontractor are not permitted to procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this subpart. (3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. (4) However, if the Contractor becomes involved in the litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States. DOCUMENTS THAT ARE MADE PART OF THIS SOLICITATION AND INCORPORATED INTO ANY RESULTANT CONTRACT STATEMENT OF WORK December 28, 2010 BACKGROUND The National Oceanic & Atmospheric Administration, a bureau of the U.S. Department of Commerce, requires Facilities Planning and Management (FPM) support services to serve the National Marine Fisheries Service (NMFS). NMFS is responsible for the management, conservation and protection of living marine resources within the United States' Exclusive Economic Zone (waters three to 200 mile offshore). NMFS assesses and predicts the status of fish stocks, ensures compliance with fisheries regulations, works to reduce wasteful fishing practices, and recovers protected marine species (i.e. whales, turtles) without unnecessarily impeding economic and recreational opportunities. Research and science operations, conducted principally within the six science centers and their laboratories and field stations, allow Fisheries to work with communities on fishery management issues. The Fisheries real property portfolio encompasses in excess of 1-1/2 million square feet of office, warehouse, specialized laboratory and industrial space in 250 buildings throughout the continental United States, Alaska, Hawaii and territory properties of Guam, American Samoa and Puerto Rico. PURPOSE This is a contract for 400 hours of Facilities Planning and Management Support Services as requested by NOAA and the National Marine Fisheries Service for services at various locations throughout the United States, including Alaska, Hawaii, Puerto Rico, Guam, American Samoa and other Trust territories. TASK DESCRIPTIONS Tasking memoranda will be issued for individual projects. Each tasking shall state, at a minimum: 1. Description of Work; 2. Anticipated Contractor activities; 3. Required deliverables, if any; 4. Government provided materials and/or services; 5. Applicable codes, standards, references and publications; 6. Computer compatibility requirements for deliverables; and 7. Period of Performance/Delivery Schedule SCOPE OF WORK The Contractor will be required to provide various analyses, assessments, studies, products, and other services in support of NOAA or NMFS' facilities planning, management, operations, acquisition and disposal. Projects include, but are not limited to: • Construction/Repair Project Consultation o Review and comment on construction design documents • Owner representative in facilities planning, programming, design, renovation, construction, and occupancy activities o Project oversight • Asset Management Planning support o Operations and Maintenance Consultation o Facilities project review and prioritization support o Spend Plan review and audit • General consultation services o Review of Statement of Work documents o Review of cost estimate documents • Procurement strategy development • Executive briefing document/presentation preparation • Policy development and coordination • Facilities standards development • Augment NMFS facilities work objectives where needed The successful contractor may be required to travel to perform these facilities management support services and there is no separate line item for travel. The contractor is responsible for all travel arrangements and costs. All costs associated with required travel will be paid by increasing the billable hours by a number sufficient to cover those travel costs per project and deducted from the total number of hour of this contract. Any invoice that includes travel shall be accompanied by documentation showing the actual costs for that travel. While on travel the contractor will receive a per diem rate equivalent to Federal Travel Per Diem rates in affect at the time of travel at that travel location. When making hotel and airfare reservations the contractor shall attempt to secure government rates, or rates as close to the published government rates as possible. All airfare shall be at the lowest coach rate available. Federal Travel Per Diem rates can be found at the following web site: http://www.gsa.gov/portal/category/21287 PERIOD OF PERFORMANCE The period of performance shall be from the date of award through December 31, 2012. TECHNICAL REQUIREMENTS Contractor shall document demonstrated knowledge and specialized experience in facilities planning and management support and services similar to the Scope of Work list of services, including facilities project development and oversight; facilities management (operations and maintenance/repair) planning and execution; facilities operations budget development; comparative analysis of alternative courses of action; financial analysis of alternative courses of action; lease acquisition planning and management; and, requirements development in a geographically dispersed organization marine resource organization with seawater pumping systems, shore side infrastructure (docks, piers, bulkheads), and research laboratory spaces. EVALUTION CRITERIA Evaluation Factor 1 - Technical Requirements. Offer shall describe their experience meeting the requirements show in "Technical Requirements" section above. Evaluation Factor 2 - Experience. Provide contractor experience relating to the Statement of Work. Evaluation Factor 3 - Past Performance. For all contracts containing requirements similar in the scope of this Statement of Work performed in whole in the last 2 years. References can include both Government and commercial contracts and subcontracts. The Offeror shall provide a list (3 minimum) of past performance references. SELECTION CRITERIA To be considered for award please submit a complete proposal and resume of qualifications. The contractor shall be selected in a process where each proposal and submitted resumes are reviewed by key NMFS facilities management personnel and a determination is made as to that contractor's ability to satisfy the needs of the requirements. Several factors will be considered, including clarity of proposal and quality of key personnel proposed. Award shall be made based on best value to the government per the technical evaluation factors. STANDARDS OF PERFORMANCE Work products in the form of deliverables resulting from performance under this contract may form the basis for the Government initiating or responding to litigation. Accordingly, all work must meet the highest standards of professional performance and technical rigor. Qualified and experienced professionals shall be used to perform the services set forth in this SOW. Objectivity must be maintained to ensure that reliable and valid conclusions are reached. Work products must be clearly supported by all relevant authorities and requirements, including those specified in the following section. All persons responsible for the work products shall be willing and capable of explaining their actions and rationale to opposing counsel and experts, and, if necessary, testifying on behalf of the U. S. Government in a court of law or other related judicial proceeding. All Contractor work products shall be appropriately documented and shall be provided: • In clear and concise manner, in a fashion that is readable and understandable to the lay reader; and • In such a way that any new employee or contractual support personnel can readily follow guidance provided by the Contractor. POINT OF CONTACT FOR TECHNICAL INFORMATION AND/OR QUESTIONS Carol Ciufolo is hereby designated as the government's point of contact for technical information and/or questions. In this capacity, she will inspect and accept services rendered in this contract on behalf of the Government. The POC is located at National Marine Fisheries Service, Office of Management and Budget (F/MB6), 1315 East West Hwy, Building SSMC3, RM 14117, Silver Spring, MD 20910. The contact phone number is 301-713-2520 and e-mail is Carol.D.Ciufolo@noaa.gov. The responsibilities and limitation of the above designated POC are as follows: Responsible for the technical aspects of the project and technical liaison with the Contractor and for the final acceptance of all reports and such other responsibilities as may be specified in this contract. The above designated POC 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 above designated POC. No such changes shall be made without the prior authorization of the Contracting Officer. The above designated POC may designate an assistant to act for them by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor. CONFIDENTIAL INFORMATION The term "information", as defined herein, includes, but is not limited to, oral or written communication, planning documents, strategy, research documents, data, conclusions, field notes, computer files, designs, equipment, photographic or video media, or conversations related to any work performed for NOAA. The term "information" also includes internal Government memoranda, draft and final documents, procurement sensitive information including information on other contractors, cost or pricing information, financial information, as well as information marked "Confidential Business Information" or information not specifically marked, but falling within the meaning of "Confidential Business Information," and "Attorney-Client Work Products." The Contractor hereby acknowledges that any information viewed, received, obtained, developed or generated pursuant to the work assigned or work performed with NOAA is sensitive and may be used as a basis for identifying and evaluating policy options, planning future budget and work priorities, or ongoing or future litigation. Some information may carry additional sensitivities and restrictions relative to use or disclosure including "Confidential Business Information" and "Proprietary Information." It is hereby agreed that the Contractor shall keep any such information confidential and to otherwise use discretion and exercise reasonable care and caution to prevent the potential compromise of any restrictive markings or ongoing or future plans or litigation. The Contractor shall not use, make reference to or reveal to any person or entity not working under the direction of NOAA, any information, whether that information is provided to the Contractor by NOAA, provided to the Contractor by another party at NOAA direction, or developed or generated by the Contractor pursuant to a work assignment, without the prior written approval of the NOAA Contracting Officer or Contracting Officer's Representative. The Contractor hereby agrees that 90 days after the completion of all work or at the end of the term of its order, contract or other service, the Contractor shall deliver to NOAA any original or copied information furnished by NOAA or from another party at NOAA direction and any information developed or generated. INVOICE In compliance with the Prompt Payment Act, the Financial Management Division will pay an invoice in accordance with the terms set forth in the contract if a "proper invoice" is received. A "proper invoice" has: 1. Name of the vendor and an invoice date 2. Purchase order number 3. Description, price and quantity of property and services actually delivered or rendered 4. Payment terms 5. Other substantiating documentation, for example a waybill for shipping charges if freight is $100 or more, or other information as required by the contract 6. Name, title, phone number, and complete mailing address of the responsible official to whom payment is to be made Invoices are to be submitted to: National Marine Fisheries Service Attn: OMD P. O. Box 21668 Juneau, Alaska 99802 GOVERNMENT-CONTRACTOR RELATIONSHIP(S) The Government and the Contractor understand that the services to be provided under this contract by the Contractor are non-personal services and that no employer-employee relationship exists between the Government and the Contractor. The Contracting Officer's POC may provide technical direction which will assist the Contractor in accomplishing the Statement of Work. CONTRACTOR RESPONSIBILITY FOR PROPERTY AND DOCUMENTS The contractor shall protect from unauthorized disclosure or use of any equipment, materials or information made available by the Government, or that the contractor may have access to by virtue of the provisions of this contract, that are not intended for public disclosure. All data and information provided by the Government, or developed by the contractor, in performing this contract there under, remain the exclusive property of the Government. Within 10 days after completion or termination of this contract, the contractor shall turn over to the Government all materials (copies included) that were furnished to the contractor by the Government and all materials that were developed by the contractor in performing the contract. ACCESS TO DATA The Contractor's work will not require assignment of a permanent user account, access to DOC data or systems. The Contractor will not have access to and will not use any Government hardware, application software, system software or sensitive data. INSURANCE COVERAGE The contractor is solely responsible for their own health, workmen's compensation and unemployment insurance as well as applicable social security, local, state, and federal taxes. FEDERAL, STATE, AND LOCAL TAXES Except as may be otherwise provided in this contract, price includes all applicable federal, state, and local taxes and duties in effect on the date of this contract but does not include any taxes from which the Government, the Contractor, or this transaction is exempt. Upon request of the contractor, the Government shall furnish a tax exemption certificate or similar evidence of exemption with respect to any such tax not included in the contract price pursuant to this clause. For the purpose of this clause, the term "date of this contract" means the date of the contractor's quotation or, if no quotation, the date of this Purchase Order.
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