FBODaily.com | FedBizOpps: PRESOL | V | Vessel Operator - SF-18

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 03, 2014 FBO #4635
SOLICITATION NOTICE

V -- Vessel Operator - SF-18

Notice Date: 8/1/2014
Notice Type: Combined Synopsis/Solicitation
NAICS: 488390 — Other Support Activities for Water Transportation
Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division-Boulder, 325 Broadway - MC3, Boulder, Colorado, 80305-3328, United States
ZIP Code: 80305-3328
Solicitation Number: NCND60001401249DLZ
Archive Date: 9/1/2014
Point of Contact: Donald L. Schartz, Phone: 3034977363
E-Mail Address: donald.l.schartz@noaa.gov
(donald.l.schartz@noaa.gov)
Small Business Set-Aside: Total Small Business
Description: SF-18 to bid on. This is an all or none posting. Statement of Work is on page 15. COMBINED SYNOPSIS/SOLICITATION FOR VESSEL OPERATOR (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number NCND60001401249DLZ. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-76. (IV) This solicitation is being issued as a Total Small Business Set Aside. The associated NAICS code is 488390. The small business size standard is $38.5million. (V) This combined solicitation/synopsis is for purchase of the following commercial services: BASE PERIOD: Line Item 0001 - Base Year; Services, non-personal, to provide all labor, equipment and materials necessary for vessel operator activities in accordance with the Statement of Work for the period of seven month. OPTION PERIOD 1: Line Item 1001 - Option Period 1; Services, non-personal, to provide all labor, equipment and materials necessary for vessel operator activities in accordance with the Statement of Work for the period of five month. OPTION PERIOD 2: Line Item 2001 - Option Period 2; Services, non-personal, to provide all labor, equipment and materials necessary for vessel operator activities in accordance with the Statement of Work for the period of six month. (VI) Description of requirements is as follows: See attached Statement of Work which applies to Base Period and 2 Option Periods. (VII) Period of performance shall be on for the following dates. Base Period for a seven months period is Date of Award through 2/28/2015. Option Period 1 for a five month period 3/01/2015 through 7/31/2015. Option Period 2 for a six month period 8/01/2015 through 1/31/2016. (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (Apr 2014), applies to this acquisition. NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror. 1. Quotes shall be fully executed and returned on the Standard Form (SF) 18 and any acknowledgements of solicitation amendments on the SF 30. 2. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation. Email quotes are acceptable and can be sent to Donald.L.Schartz@noaa.gov or Faxed to 303-497-3163. 3. At a minimum the contractor shall provide the following information: a) Point of contact name, telephone and E-mail address. b) DUNS Number 4. Provide all evaluation criteria in accordance with 52.212-2 in this package. 1352.215-72 Inquiries (Apr 2010) Offerors must submit all questions concerning this solicitation in writing to Donald.L.Schartz@noaa.gov. Questions should be received no later than 3:00 P.M. MST, August 7, 2014. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause) (IX) FAR 52.212-2, Evaluation -Commercial Items (Jan 1999), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (a), and the award will be made to the firm offering the best value to the Government. Paragraph (a) is hereby completed as follows: Evaluation will be based on 1) Lowest Price Technically Acceptable to relevant experience of key personnel and past performance on similar projects within the last six years. 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. 2) Price. The Government intends to award a firm-fixed price purchase order on an all or none basis with payment terms of Net 30. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 1) Capability to meet the requirements of the Statement of Work. • Vendor must be able to support this type of vessel operator requirements. 2) Price. • Based on Statement of Work • Rental - if applicable • Licenses - if applicable • Any other associated fees - if applicable The Government intends to award a firm-fixed price purchase order on an all or none basis. (X) FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (Aug 2013) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "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 size standards in this solicitation. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "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 business concern" means a concern which 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "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. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It o is,o is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It o is, o is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It o is, o 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 changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is aU.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror o does o does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Sanctioned activities relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; and (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of provision) The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (May 2014) applies to this acquisition. (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jun 2014) applies to this acquisition. The following clauses under subparagraph (b) apply: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). (25) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (32) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (34) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). (44)(i) 52.225-3, Buy American Act-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). (42) 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). (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Jul 2013) (31 U.S.C. 3332). (XIII) The following clauses are also applicable to this acquisition: 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252.2 Clauses Incorporated By Reference (Feb 1998), This contract incorporates on 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: https://www.acquisition.gov/far/index.html (End of Clause) The following additional FAR terms and conditions apply: 52.204-7, System for Award Management (Jul 2013) 52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13, System for Award Management Maintenance (Jul 2013) 52.214-34, Submission of Offers in the English Language (Apr 1991) 52.214-35, Submission of Offer in U.S. Currency (Apr 1991) 52.217-5, Evaluation of Options (July 1990) 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1994) 52.242-15, Stop-Work Order (Aug 1989) 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 __10 days. (End of clause) 52.217-9 Option to Extend the Term of the Contract. (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 10 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 12 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 _5_(years). (End of clause) 52.232-19, Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond _August 31, 2015__. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond August 31, 2015, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective- (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. (End of clause) 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Commerce Acquisition Regulation provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) 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 Commerce Acquisition Regulation clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2014) (1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated Appropriations Act, 2014, none of the funds made available by Consolidated Appropriations Act, 2014 funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) The Offerer represents that, as of the date of this offer - (a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of provision) 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (Dec 2013) (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End of clause) DEPARTMENT OF COMMERCE CLAUSES: FOR FULL TEXT OF A COMMERCE ACQUISITION CLAUSE OR PROVISION YOU MAY GO TO THE FOLLOWING WEBSITE, http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm 1352.201-70, CONTRACTING OFFICER'S AUTHORITY (APRIL 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 (APRIL 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 (APRIL 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) 1352.233-70, AGENCY PROTESTS (APRIL 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: Clifford C. Edwards Contracting Officer NOAA/AGO Western Acquisition Division-Boulder 325 Broadway SOU6 Boulder, CO 80305 FAX: 303-497-3163 (d) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry Berkowitz Senior Procurement Executive and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington DC 20230 FAX: 202-482-1711 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office ofthe General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) 1352.233-71, GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APRIL 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 clause) (XIV) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply. (XV) Quotes are required to be received in the contracting office no later than 1:00 P.M. Mountain Standard Time on August 13, 2014. All quotes must be faxed or emailed to the attention of Donald Schartz. The fax number is (303) 497-6984 and the email address is Donald.L.Schartz @noaa.gov. (XVI) Any questions regarding this solicitation should be directed to Donald Schartz through the email address: Donald.L.Schartz@noaa.gov or fax (303) 497-3163. STATEMENT OF WORK AND QUALITY ASSURANCE PLAN NCND6000-14-01249 Operators for NOAA Vessels Fulmar and R4107 1.0 BACKGROUND The Office of National Marine Sanctuaries West Coast Region Office requires a Senior Operator-in-Charge (Senior Captain), Operator-in-Charge (Captain), Mate and Deckhand to primarily operate the 67-foot research vessel R/V FULMAR and 41-foot research vessel R-4107 and other ONMS vessels as required. The FULMAR and R4107 missions are to support research and monitoring in the three central California sanctuaries, including Gulf of the Farallones, Cordell Bank and Monterey Bay national marine sanctuaries. In addition to this role, the vessels will host dedicated educational and outreach cruises, and assist in natural resource emergency situations. These vessels are home ported in Monterey, California, with extended overnight visits in ports from Point Arena to Ventura. Specific missions may require the vessels to be operated continuously for multiple 24 hour periods and while overnight at anchor. 2.0 SCOPE This Statement of Work (SOW) provides for contractor crew support services operating and maintaining NOAA owned vessels primarily based out of Monterey CA, though there may be occasional work at other ONMS locations. The contractor shall provide Operator, Mate and Deckhand support for both offshore operations and dockside maintenance for FULMAR and R4107 and other vessels as directed by the COR. The contractor shall coordinate with Government personnel, affiliates and other contractors as required to support the efficient and safe operation of NOAA vessels during the period of performance. Typically the vessels will be operated with a designated Operator-in-Charge and a licensed Mate on a 12hr day basis. Some operations exceeding 12hrs will require additional Operators, Mates or Deckhands depending on the complexity of the mission. Routine maintenance may be conducted using a combination of skills as needed and determined by the COR and the contractor. These are non-personal services. 3.0 TASK REQUIREMENTS This section defines the minimum technical and programmatic requirements needed by the NOAA Office of National Marine Sanctuaries in execution of this SOW. 3.1 General Requirements. The delivered services/material shall adhere to the following minimum requirements. • The Contractor shall provide a Senior Operator possessing a USCG 500-ton license, an Operator possessing at least a USCG 100-ton license, a Mate holding at least a USCG 100-ton license, and a Deckhand experienced with NOAA marine operations. • Ensure all procedures and maintenance practices are in compliance with the current and appropriate regulating authorities' such as Code of Federal Regulations (CFR); American Boat and Yacht Council (ABYC); and American Bureau of Shipping (ABS). • NOAA personnel and affiliates and other support Contractors may need to work onboard the vessel during the performance period of this SOW and may require full access to the vessel during any point of time. • Contractor shall possess marine liability insurance, including Marine General Liability and Marine Employers Liability policies. See insurance requirements in Section 15 below. • Ensure the safe navigation and mechanical operation of the vessel in which assigned at all times, in accordance with all USCG regulations, NOAA policy guidelines, and local vessel specific operations manuals. • Contractor personnel operating ONMS Small Boat Program vessels shall have the following: o A current NOAA Component Course certification. The contractor is responsible for acquiring certifications, see http://www.sbp.noaa.gov/resources/training/index.html. To support emerging and urgent requirements, it is desired that the Contractor shall maintain a certified NOAA Component Course instructor(s) on staff at all times. o Have US Citizenship and clear a NACI background check in order to be issued a NOAA Common Access Card (CAC) and/or Transportation Worker Identification Credential (TWIC) o Have a valid US state issued driver's license o Physically able to lift 50lbs and work in confined machinery spaces and in remote and rugged offshore environments. o Complete all mandatory training (Safety, IT Security, Defensive Driving, etc.) and comply with DOC and NOAA policies and procedures. 3.2 Vessel Operation and Maintenance Services. The Contractor shall perform the following vessel operation and maintenance support tasks as required by ONMS West Coast Region office. • Operate NOAA-owned research vessels as Operator-in-Charge, mate and deckhand as required and approved by the COR, in compliance with USCG regulations, NOAA policy guidelines, and vessel operations manuals. Tasks include. o Responsible for vessel operations at sea. Project cruises will be scheduled in advance, but contractor must be flexible to work within weather windows and be available for emergency response. The Senior/Operator-in-Charge, will be designated prior to a project cruise, and is responsible for all operations at sea. This determination will be made in coordination with the COR and the contractor. The crew is expected to work collaboratively under the designated Senior/Operator-in-Charge o Ensure the safe navigation and mechanical operation of the vessel, as indicated by USCG regulations, NOAA/NOS small vessel policy guidelines, and the NOAA Small Boat Operations Manual. o Conduct vessel pre-departure checklist and hold a safety briefing for all embarked personnel at the start of every cruise and ensure that all safety procedures are understood and adhered to while underway. Verify cruise/float plans and communicate with shore-side point of contact frequently when underway. o Conduct periodic fire, man overboard, abandon ship, and all other required drills when underway as indicated in vessel operations manual. o Work with ONMS staff and partners to prepare for and execute scientific cruises. Work closely with the Vessel Operations Coordinator to facilitate the day to day duties, and oversee the maintenance program of the vessel. o Operate deck equipment and Nitrox dive air compressor. o Assist coordination of a wide variety of logistical arrangements; cooking, fueling, staging of scientific gear, and delivery of repair parts, galley stores, and supplies. o Work collaboratively with the crew to ensure readiness of all vessel systems. Assist in the coordination of routine and preventative maintenance on vessel machinery and equipment as established by NOAA, vessel, and equipment manufacturers. Document all work completed in a vessel maintenance log and/or prepare it to be entered into a database. o Assist with inspections and maintain safety equipment in accordance with NOAA procedures. o Document all vessel-related activities in the vessels logbooks. o Assist in the coordination of vendors for specific repairs, equipment maintenance, and dry dock periods. • All products and materials including photographs, videos developed under this contract will be the sole property of ONMS, NOAA, Department of Commerce and US Government. 3.5 Personnel Certifications and Experience. The Contractor shall maintain available personnel possessing the following certifications, licenses, experience, and capabilities to enable successful SOW performance. Copies of applicable certifications and licenses shall be provided to the COR upon request. • Senior Operator (Senior Captain) - Current USCG 500-ton license with at least 6 years working in coastal waters of central California. Must have recent familiarity with NOAA Vessel operations, including recent experience working on research vessels embarked with scientific, resource protection, and education personnel within National Marine Sanctuaries; experience over-the-side lifting equipment such as winches, cranes, A-Frames, and davits; experience working with winches, capstans, cabling, delivery and recovery of packages in a marine environment; experience as Operator-in-Charge of a research vessel for ROV, towed array, marine mammal and NITROXSCUBA dive operations; familiar with boat hull, electrical and mechanical routine ship maintenance and repairs; operate NITROX dive compressor and fill NITROX SCUBA tanks; serve as coxswain for vessel skiffs. The Senior Operator has additional maintenance task requirements including: 1) Performing and/or supervises all contractor maintenance tasks for the vessels and docking area; 2) Prioritizes all maintenance activity based on the needs of the vessels; 3) Responsible for tracking all maintenance activity for both research vessels (tracking of maintenance for the R/V Fulmar is done using the Vessel Information Management System (VIMS). Other vessels will be brought into VIMS as the system matures); and 4) Provides expert advice on additional repairs, preventive maintenance tasks and parts/equipment selection o Required Certifications USCG 500-ton Master's license, Near Coastal Current in First Aid, CPR and AED NOAA Small Boat Component Course (prior to first deployment) Emergency Oxygen Administration NOAA SCUBA Diver • Operator (Captain) - Current USCG 100-ton license with at least 3 years working in coastal waters of central California. Must have recent familiarity with NOAA Vessel operations, including recent experience working on research vessels embarked with scientific, resource protection, and education personnel within National Marine Sanctuaries; experience in load handling equipment such as winches, cranes, A-Frames, and davits; experience working with winches, capstans, cabling, delivery and recovery of packages in a marine environment; experience as Operator-in-Charge of a research vessel for ROV, towed array, marine mammal and NITROX SCUBA dive operations; familiar with boat hull, electrical and mechanical routine ship maintenance and repairs; operate NITROX dive compressor and fill NITROX SCUBA tanks; serve as coxswain for vessel skiffs. o Required Certifications USCG 100-ton Master's license, Near Coastal Current in First Aid, CPR and AED NOAA Small Boat Component Course (prior to first deployment) Emergency Oxygen Administration • Mate - Current USCG 100-ton license with at least 1 year working in coastal waters of central California. Must have experience with at sea operations understand complex at sea operations; experience in load handling equipment such as winches, cranes, A-Frames, and davits; familiar with boat hull, electrical and mechanical routine ship maintenance and repairs; operate NITROX dive compressor and fill NITROX SCUBA tanks; serve as coxswain for vessel skiffs. o Required Certifications USCG 100-ton Master's license, Near Coastal Current in First Aid, CPR and AED NOAA Small Boat Component Course (within 2 weeks of first deployment) Emergency Oxygen Administration • Deckhand - Must have at least 1 years of vessel deck management experience in offshore marine environments. Must have experience in load handling equipment such as winches, cranes, A-Frames, and davits. Must obtain NOAA component course qualification within two weeks of first deployment. 4.0 GOVERNMENT FURNISHED INFORMATION/EQUIPMENT The Government shall provide the vessels, vessel documentation, equipment, fuel, tools, computers, and supplies for the vessels covered in this SOW. Routine transportation requirements shall be the responsibility of the contractor. The use of government owned vehicles may be made available to contractor personnel in the performance of the government approved contract work only. Use of Government vehicles will be authorized per Government regulations. Contractor employees will only be authorized to utilize Government motor vehicles with the possession of a NOAA Identification Card, a valid State driver's license, and proof of insurance. 5.0 DELIVERABLES The contractor shall deliver the following deliverables in accordance with the defined requirements for each deliverable. Deliverables shall be electronically submitted to the COR via email as Microsoft Word or PDF documents. 5.1 Monthly Progress Report. No later than the 5th business day of each month, the Contractor shall deliver a Monthly Progress Report summarizing services provided, actual costs, and problems encountered and provide a copy to the Contracting Officer. 5.2 CASREP Status Reports. The Contractor shall deliver as required reports summarizing CASREP status and actions including services provided, problems encountered, and lessons learned. Contractor format is acceptable. 6.0 PLACE OF PERFORMANCE Primary operations site is Monterey CA. Performance may be required at all NOAA NMS west coast sites to support the needs of the West Coast Region office. 7.0 TRAVEL Travel is authorized in support of this SOW with prior coordination with the COR. Travel will be scheduled and conducted in accordance with the applicable Federal Travel Regulations (FTR) administered by the General Services Administration. Travel expenses billed under this task order shall be in compliance with the FTR. 8.0 FIREARMS The Government requires that no firearms be carried onboard NOAA vessels. 9.0 POSSESSION OF LIQUOR/ILLEGAL DRUGS During all periods of performance, the possession or use of intoxicating liquor and/or illegal drugs by any person is not permitted onboard vessels and vehicles and may be grounds for termination of this contract by the Government. 10.0 CONTROL OF PLASTICS, TRASH AND OTHER DISCHARGES Sanctuary waters are zero discharge environments with limited exceptions for certain MSD systems. The Contractor shall comply with National Marine Sanctuary and Environmental Protection Agency regulations, state laws and with the Marine Plastic Pollution Research and Control Act of 1987. 11.0 WORKING CONDITIONS FOR PERSONNEL The contractor shall provide safe, efficient working conditions and accommodations to Government personnel and affiliates free from violence, threats of violence, harassment (including sexual harassment), intimidation, and other disruptive behavior. The contractor, its agents, subcontractors, and employees, including the Operator-in-Charge and crew of the vessel shall not harass, assault, oppose, impede, intimidate, threaten, interfere with or make unwelcome advances toward any member of the Government field party. Violation under this clause may result in termination of the contract, at the discretion of the Government under the Default Clause, and in consequent liability of the contractor to the Government for any costs incurred, as well as debarment, suspension or similar action from future participation in government contracts. 12.0 PRESENCE OF FAMILY MEMBERS AND FRIENDS Unless serving as crew, the spouses, children, friends or Contractor personnel may not accompany the vessel without obtaining written approval in advance from the designated NOAA Vessel Operations Coordinator and COR. 13.0 VESSEL SAFETY The contractor shall adhere to the safety regulations as set forth in NOAA Safety Standards and Procedures Manual. Conformance with present regulations for NOAA small boats requires that the master or an individual in charge of the vessel ensures that safety drills and instruction are conducted at least once a month. Safety orientations must be given to each individual on board that has not received the instruction and has not participated in the drills before the vessel can continue to operate. The contractor shall conduct such safety orientations prior to sailing on each cruise leg. It is recommended that a full drill be completed early in each cruise leg even if less than a month has elapsed since the last drill due to the frequent wholesale exchange of scientific personnel at cruise breaks. Each vessel must also have all required emergency instructions posted. 14.0 MARINE INSURANCE REQUIREMENTS The contractor is required to provide certificates of insurance with their technical proposal for the entire period of performance of the contract with the following minimum limits: General Liability, Worker's Compensation, Marine Employers Liability general aggregate $1,000,000, Marine General Liability aggregate $2,000,000, and US Longshoremen and Harborworkers act coverage general aggregate $1,000,000, and automobile liability $1,000,000. 15.0 IT SECURITY REQUIREMENTS The Certification and Accreditation (C&A) requirements of 48 CFR 1352.239-73 do not apply, and a Security Accreditation Package is not required. The government will provide the necessary computer equipment and information to perform this contract. All work must be performed upon government furnished equipment and if addition hardware and/or software is needed, the Contractor must request the additional requirements from the COTR. The contractor will be using government furnished equipment (GFE), which is currently covered by an existing government Certification and Accreditation (C&A) package. 16.0 PERIOD OF PERFORMANCE Base Period: Award - FEBRUARY 28, 2015 SENIOR OPERATOR 420 HRS OPERATOR 100 HRS MATE 320 HRS DECK HAND 72 HRS Option Period 1: MARCH 1, 2015 - JULY 31, 2015 SENIOR OPERATOR 420 HRS OPERATOR 100 HRS MATE 320 HRS DECK HAND 72 HRS Option Period 2: AUGUST 1, 2015 - JANUARY 31, 2016 SENIOR OPERATOR 420 HRS OPERATOR 100 HRS MATE 320 HRS DECK HAND 72 HRS The optional items are contingent on available funding. 17.0 TECHNICAL CONTACT/COR Dave Lott ONMS/WCRO 99 Pacific Street STE 100F Monterey, CA 93940 831-647-6453 18.0 BASIS FOR AWARD The award will be made on best value to the Government where lowest price technically acceptable is equal to the following combined technical factors: 1) Relevant experience of key personnel and 2) Past performance on similar projects within the last 6 years. &emsp; PERFORMANCE BASED QUALITY ASSURANCE SURVEILLANCE PLAN Operators for NOAA Vessels Fulmar and R4107 1. PURPOSE This Quality Assurance Surveillance Plan (QASP) is a Government developed and applied document used to ensure that systematic quality assurance methods are used in the administration of the Performance Based Service Contract (PBSC) standards included in this contract and in subsequent Task Orders issued. The intent is to ensure that the Contractor performs in accordance with performance metrics set forth in the contract documents, that the Government receives the quality of services called for in the contract and that the Government only pays for the acceptable level of services received. 2. AUTHORITY Authority for issuance of this QASP is provided under Contract Section E - Inspection and Acceptance, which provides for inspections and acceptance of the articles, services, and documentation called for in Task Orders to be accomplished by the Contracting Officer or his duly authorized representative. 3. SCOPE The Contractor, and not the Government, is responsible for management and quality control actions necessary to meet the quality standards set forth by the contract and follow-on Task Orders. The QASP is put in place to provide Government surveillance oversight of the Contractor's performance to assure performance is timely, effective and delivering the results specified in the contract or Task Order. 4. GOVERNMENT RESOURCES The following definitions for Government resources are applicable to this plan: Contracting Officer (CO) - [Reference Section G, Clause G.1 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (April 2010)], A person duly appointed with the authority to enter into, administer, or terminate contracts and make related determinations and findings on behalf of the Government. Contracting Officer's Representative (COR) - [Reference Section G, Clause G.2 1352.201-71 CONTRACTING OFFICER'S REPRESENTATIVE (COR) April 2010)] An individual designated in writing by the Contracting Officer to act as his authorized representative to assist in administering a contract. The source and authority for a Contracting Officer's Technical Representative (COR) is the Contracting Officer. COR limitations are contained in the written letter of designation. 5. RESPONSIBILITIES The Government resources shall have responsibilities for the implementation of this QASP as follows: Contracting Officer - The Contracting Officer [as defined in Section G, Clause G.1 1 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (April 2010)] ensures performance of all necessary actions for effective contracting, ensures compliance with the terms of the contract and safeguards the interests of the United States in the contractual relationship. It is the Contracting Officer that assures the Contractor receives impartial, fair, and equitable treatment under the contract. The Contracting Officer is ultimately responsible for the final determination of the adequacy of the Contractor's performance. COR - The COR [as defined in Section G, Clause G.2 1352.201-71 CONTRACTING OFFICER'S REPRESENTATIVE (COR) April 2010)] is responsible for technical administration of the project and assures proper Government surveillance of the Contractor's performance. Any changes that the Contractor deems may affect contract, price, terms, or conditions shall be referred to the Contracting Officer for action. While the COR may serve as a direct conduit to provide Government guidance and feedback to the Contractor on technical matters, he or she is not empowered to make any contractual commitments or to authorize any contractual changes on the Government's behalf. Any changes that the Contractor deems may affect contract, price, terms, or conditions shall be referred to the Contracting Officer for action. 6. METHODS OF QA SURVEILLANCE The below listed methods of surveillance shall be used in the administration of this QASP. In addition to specific instructions that may be mentioned, the appropriate and standardized form that is to be used for documentation of QA surveillance is the Quality Assurance Monitoring Form. 100% Inspection - This level of inspection shall be accomplished by monitoring and documentation. Periodic Inspection - Periodic inspections shall be conducted if and when specified in individual Task Orders. Random Monitoring - Random monitoring shall be conducted at the discretion of the Government. Even though the Government, through its COR, will be monitoring the contractor's performance on a continuing basis, the volume of tasks performed by the contractor makes technical inspections of every task and step impractical. Accordingly, the Government will use a quality-assurance review process to monitor the contractor's performance under this contract. The contractor's performance will be evaluated at the end of the contract period or if there is an unsatisfactory report submitted by the COR for any performance problem on the contract. Ratings will be made in two categories. Satisfactory: Level of performance that in the aggregate meets the Performance Standard; Deficiencies are minor and offset by outstanding elements of performance within the Standard; Unsatisfactory: Level of performance that in the aggregate fails to meet the Performance Standard; Deficiencies are pervasive; In general, the work will be evaluated in terms of how well the requirements of the contract Task Orders are satisfied, the extent to which the work performed follows the approach found in the Task Order Statement of Work, quality of work, clarity of documentation, timely completion of scheduled tasks, cost control and business relations. At the discretion of the COR or the Contracting Officer or Specialist, other government officials approved by the Contracting Officer or Specialist may be asked to evaluate a particular deliverable or set of deliverables. 7. ANALYSIS OF SURVEILLANCE RESULTS When appropriate, the CO may investigate an event further to determine if all the facts and circumstances surrounding the event were considered in the COR opinions outlined on the forms. The CO will immediately discuss every element receiving a substandard rating with the Contractor to assure that corrective action is promptly initiated. At the end of every contract period, the COR will prepare a written report for the CO summarizing the overall results of his/her surveillance of the Contractor's performance during the previous period. This report will become part of the formal QA documentation. This documentation will be used for the contractor's yearly performance report documenting quality, timeliness of performance, cost control, business relations and customer satisfaction. If the level of performance is deemed to be unsatisfactory for more than one Task Order, the remedies at 52.246-4(e) will be assessed against the Contractor. 8. NON-MONETARY INCENTIVES Incentives are to encourage sustained satisfactory or greater performance. Although not directly monetary in themselves, future business opportunities are impacted by performance. Incentives include 1) opportunity to complete additional Task Orders which are technically more challenging and financially more rewarding 2) positive past performance rating or letter of recommendation and 3) a reduction in task monitoring and reporting. 9. DOCUMENTATION The COR will, in addition to providing documentation to the Contracting Officer, maintain a complete Quality Assurance file. The file will contain copies of all reports, evaluations, recommendations, and any actions related to the Government's performance of the quality assurance function, including the originals of all Quality Assurance Monitoring Forms. All such records will be retained for the life of this contract. The COR shall forward these records to the Contracting Officer at termination or completion of the contract. QUALITY ASSURANCE MONITORING FORM Contract Number: ________________ Project Name: Operators for NOAA Vessels Fulmar and R4107 Task Performance Objective Performance Standard Method of Performance Assessment Standard Met Standard Not Met (COR must provide explanation below) 1 Progress Report prepared and submitted with invoice Narrative reports are submitted with the labor hours invoice accurately describe work performed during the billing period. 100% COR Inspection 2 Vessel properly staffed by contractor For trips of duration 12 hours or less, at least one Captain and one Mate provided. For trips of duration longer than 12 hours, one Captain, one qualified Mate, and two deckhand COR review with VOC 3 Proper insurance documentation provided and maintained by contractor Proof of General Liability, Worker's Compensation, Marine Employers General Liability, Marine General Liability, USL&H General Liability, and Automobile Liability 100% COR Inspection 5 Vessel operations conducted safely Senior/Operator-in-Charge shall conduct safety briefing before departures and ensure that all operations while underway are conducted in a safe manner, and in accordance with NOAA safety standards. COR review with VOC 6 Assistance with vessel maintenance and inspections Contractor shall assist VOC with coordination of preventative and routine maintenance of vessel and its equipment, as well as assist in preparation for and execution of scheduled inspections COR review with VOC 7 Vessel bridge log maintained properly Contractor shall ensure that the vessel's bridge log is kept and maintained in accordance with NOAA Small Boat Program standards COR review with VOC &emsp; NARRATIVE OF PERFORMANCE DURING SURVEY PERIOD: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ PREPARED BY: ______________________________ _____________________ DATE CONTRACTING OFFICER REPRESENTATIVE: ______________________________ PRINTED NAME ______________________________ ____________________ SIGNATURE DATE
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Place of Performance: Address: NMSP/W COAST REGIONAL OFFICE, 99 PACIFIC STREET, BLDG. 100 - SUITE F, MONEREY, California, 93940, United States; Zip Code: 93940
Record: SN03446719-W 20140803/140801234819-09bcd6aed2a44f8664bc5cde409598ec (fbodaily.com)
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