SOLICITATION NOTICE
B -- Upper Salmon Watershed Assessment in the Interior Columbia River Basin - REQUEST FOR QUOTE FORM SF18
- Notice Date
- 8/13/2018
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541690
— Other Scientific and Technical Consulting Services
- 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
- 1305M318QNFFPS0066DR
- Archive Date
- 8/28/2018
- Point of Contact
- DianaRomero, Phone: 303-497-3761
- E-Mail Address
-
diana.romero@noaa.gov
(diana.romero@noaa.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- REQUEST FOR QUOTE FORM SF18, STATEMENT OF WORK COMBINED SYNOPSIS/SOLICITATION Upper Salmon Watershed Assessment in the Interior Columbia River Basin (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; quotes 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 1305M318QNFFPS0066DR. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-99-1(Jul 2018) (Deviation 17-02) (Aug 2017). (IV) This solicitation is a total small business set-aside. The associated NAICS code is 541690. The small business size standard is $15.0M. (V) This combined solicitation/synopsis is for purchase of the following commercial services: Line Item 0001 Services, non-personal, to provide all equipment, labor and materials (unless otherwise provided herein) necessary for watershed assessment services to support life cycle model development in the interior Columbia River Basin, in accordance with the statement of work., which is attached to the Standard Form SF-18, Request for Quote. (VI) Description of requirements is as follows: See statement of work which is attached to the SF-18 Request for Quote. (VII) Date(s) and place(s) of delivery and acceptance: Period of performance: Base year: 09/01/2018 through 09/30/2019 (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (JAN 2017)(Reference), applies to this acquisition and is in full text in the RFQ SF-18. 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 nonresponsive may be excluded from further evaluation and rejected without further notification to the offeror. In addition to written price quotes, offers are instructed to provide: 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 Diana.Romero@noaa.gov. 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. 5. The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/. IMPORTANT NOTES: VENDOR SHALL HAVE AN ACTIVE REGISTRATION IS SYSTEM FOR AWARD MANAGEMENT (SAM) FOUND AT SAM.GOV IN ORDER TO BE ELIGIBLE FOR CONTRACT AWARD. IN ADDITION, VENDOR SHALL ALSO COMPLETE REPRESENTATIONS AND CERTIFICATIONS ELECTROINICALLY IN SAM. REPS AND CERTS SHOULD INCLUDE THE NAICS CODE APPLICABLE TO THE REQUEST FOR QUOTE. THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT. (IX) FAR 52.212-2, Evaluation - Commercial Items (Oct 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1) Technical Capability - The quote shall include all documentation of the qualifications stated in the statement of work in order for the government to make the determination that the offeror is technically acceptable. 2) Past Performance - quote shall include at least two references for similar services including a name, the phone number, full address, and email address (if available). The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the offeror, the agency's knowledge of the contractor performance, other government agencies or commercial entities, or past performance databases, and past performance will be based on responsiveness, timeliness, quality, and customer service; 3) Price. The government intends to award a labor hour purchase order on a best value basis. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) (X) The clause at FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2017), applies to this acquisition and is in full text in the RFQ SF-18 applies to this acquisition and is in full text in the RFQ SF-18. The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/SAM/#1. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Jan 2017)(Deviation 2017-02)(Aug 2017), applies to this acquisition and is in full text in the RFQ SF-18. (XII) The clause at 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (JUL 2018) (Deviation 2017-05)(Aug 2017), applies to this acquisition and is in full text in the RFQ SF-18. (XIII) The following clauses are also applicable to this acquisition: 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ (End of provision) 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): https://www.acquisition.gov/far/ (End of clause) 52.252-6 Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Commerce Acquisition Regulation. (48 CFR 1352) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (Jan 2017)(Reference) 52.204-7 System for Award Management (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)(Reference) Department of Commerce (DOC) CAR Clauses FOR FULL TEXT OF COMMERCE ACQUISITION CLAUSE OR PROVISIONS YOU MAY TO GO THE FOLLOWING WEBSITE: http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=0ff3b424806038599b185d9296e7950e&ty=HTML&h=L&mc=true&n=pt48.5.1352&r=PART 1352.201-70, Contracting Officer's Authority (Apr 2010) (Reference) 1352.209-73 Compliance With the Laws (Apr 2010) (Reference) 1352.209-74 Organizational Conflict of Interest (Apr 2010) (Reference) 1352.233-70 Agency Protests (Apr 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Casey Morris Contracting Officer Western Acquisitions Division 325 Broadway, SOU6 Boulder, CO 80305-3328 FAX: 303-497-3163 (c) 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 of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230. FAX: (202) 482-5858 (End of clause) 1352.233-71 GAO and Court of Federal Claims protests (Apr 2010) (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) 1330-52.203-70 Scientific Integrity and Research Misconduct (OCT 2012) (a) Definitions. As used in this this solicitation and contract language - Scientific activities mean activities that involve inventorying, monitoring, observations, experimentation, study, research, integration, modeling, and scientific assessment. Scientific integrity means the condition resulting from adherence to professional values and practices when conducting and applying the results of science that ensures objectivity, clarity, and reproducibility, and that provides insulation from bias, fabrication, falsification, plagiarism, interference, censorship, and inadequate procedural and information security. Presentation of scientific activities results includes the analysis, synthesis, compilation, or translation of scientific information and data into formats for the use of the Department of Commerce or the United States of America. Scientific and Research Misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing scientific and research activities, or in the products or reporting of the results of these activities. It specifically includes intentional circumvention of the integrity of the scientific and research process and actions that compromise that process, but does not include honest error or differences of opinion. Investigation is formal collection and evaluation of information and facts to determine if scientific or research misconduct can be established, to assess its extent and consequences, and to recommend appropriate action. (b) General Guidelines 1. Maintaining Integrity. The contractor shall maintain the scientific integrity of research performed pursuant to this contract award including the prevention, detection, and remediation of research misconduct, and the conduct of inquiries, investigations and adjudication of allegations of research misconduct. 2. In performing or presenting the results of scientific activities under the contract, and in responding to allegations of scientific and research misconduct, the contractor shall comply with the provisions herein and NOAA Administrative Order (NAO) 202-735D, Scientific Integrity, and its Procedural Handbook, including any amendments thereto. 3. Primary Responsibility. The contractor shall have the primary responsibility to prevent, detect, and investigate allegations of scientific and research misconduct. Unless otherwise instructed by the contracting officer, the contractor shall promptly conduct an initial inquiry into any allegation of such misconduct and may rely on its internal policies and procedures, as appropriate, to do so. 4. By executing this contract, the contractor provides its assurance that it has established an administrative process for performing an inquiry, investigating, and reporting allegations of scientific and research misconduct; and that it will comply with its own administrative process for performing an inquiry, investigation and reporting of such misconduct. 5. The contractor shall insert the substance of this requirement in subcontracts at all tiers that involve research being performed under this contract. (c) Investigating Misconduct Research 1. Initiating Investigation. If the contractor determines that there is sufficient evidence to proceed to an investigation, it shall notify the contracting officer and, unless otherwise instructed, the contractor shall: A. Promptly conduct an investigation to develop a complete factual record and an examination of such record leading to either a finding of scientific and research misconduct and an identification of appropriate remedies or a determination that no further action is warranted. B. If the investigation leads to a finding of scientific and research misconduct, obtain adjudication by a neutral third party adjudicator. The adjudication must include a review of the investigative record and, as warranted, a determination of appropriate corrective actions and sanctions. 2. Finalizing Investigation. When the investigation is complete, the contractor shall forward to the contracting officer a copy of the evidentiary record, the investigative report, any recommendations made to the Contractor's adjudicating official, the adjudicating official's decision and notification of any corrective action taken or planned, and the subject's written response (if any). (d) Findings and Corrective Actions 1. If the contractor finds that scientific and research misconduct has occurred, it shall assess the seriousness of the misconduct and its impact on the research completed or in process and shall: i. Take all necessary corrective actions, which includes, but are not limited to, correcting the research record, and, as appropriate, imposing restrictions, controls, or other parameters on research in process or to be conducted in the future, and ii. Coordinate remedial action with the contracting officer. (e) Department of Commerce Actions 1. The Department of Commerce may accept the Contractor's findings or proceed with its own investigation, in which case the contractor shall fully cooperate with the investigation. The contracting officer will inform the contractor of the Department's final determination. 2. The Department of Commerce reserves the right to pursue such remedies and other actions as it deems appropriate, consistent with the terms and conditions of the contract and applicable laws and regulations. Such remedies and actions may include, but are not limited to, disallowance of costs, recoupment of contract payments, and suspension or debarment. (End of solicitation and contract language) 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY (MAY 2018) (a) Definitions. Contractor Employees - The term "contractor employees," as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members. Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim. Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true: • Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment; • Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; • The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment. The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient's sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures. (b) Requirements. 1. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment. 2. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor. 3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the Contracting Officer's Representative (COR), subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6,.07, Reporting from Remote Locations. i. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants' needs are addressed. ii. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor's written policy (where applicable). 4. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within ____ business days [30 unless a different number is inserted] of contract award or the date a contractor employee is assigned to perform under the contract, as applicable. Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion. Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance. i. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA's Workplace Violence Program Manager. A link to the website including the required elements of the training is provided at: http://www.ago.noaa.gov/quicklinks/harassment_training.html. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed. ii. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training. iii. NOAA's Workplace Violence Program Manager, COR, or CO may periodically review the contractor's training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor. iv. Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of NAO 202-1106. 5. The contractor shall provide a copy of this solicitation and contract language and NAO 202-1106 to contractor employees. (c) Sexual Assault/Sexual Harassment (SASH) Helpline. For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee. All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week. The NOAA SASH helpline is accessible through a variety of channels, including: ● Phone: 1-866-288-6558 ● Website & Online Chat: http://NOAASASHHelpline.org ● Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores) ● Text: (202) 335-0265 (d) Confidentiality. Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. "Confidentiality" means that the information shall only be shared with others who have a need to know the information to conduct their official duties. 3 (e) Remedies. In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in: 1. Requiring the Contractor to remove a contractor employee or employees from the performance of the contract; 2. Requiring the Contractor to terminate a subcontract; 3. Suspension of contract payments until the Contractor has taken appropriate remedial action; 4. Termination of the contract for default or cause, in accordance with the termination clause of 5. Suspension or debarment; or 6. Other appropriate action. (End of contract language) 1330-52.237-70 Contractor Communications (a) A contractor employee shall be identified both by the individual's name and the contractor's name when: 1. Included in NOAA's locator, and 2. When submitting any type of electronic correspondence to any NOAA employee or stakeholder. (b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number. (c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting. (End of clause) 1330-52.237-71 NOAA GOVERNMENT-CONTRACTOR RELATIONS - NON-PERSONAL SERVICES CONTRACT (SEPT 2017) (a) The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services as defined in FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor's personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations. (b) Contractor personnel under this contract shall not: (1) Be placed in a position where they are under relatively continuous supervision and control of a Government employee. (2) Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other Contractors performing under other NOAA contracts. (c) The services to be performed under this contract do not require the Contractor or the Contractor's personnel to exercise personal judgement and discretion on behalf of the Government. Rather, the Contractor's personnel will act and exercise personal judgement and discretion on behalf of the Contractor. (d) Rules, regulations, directives, and requirements that are issued by the Department of Commerce and NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract. (e) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies: (1) The Contractor shall notify the Contracting Officer in writing within 5 business days from the date of any situation or occurrence where the Contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or Contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance. (2) The Contracting Officer will review the information provided by the Contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the Contractor. The Contracting Officer's response will provide a decision on whether the Contracting Officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue. (End of Solicitation and Contract Language) 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016) a. The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to: 1. Allow contractors to better prepare forand propose on business opportunities. 2. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from. 3. Identify constraints in transparency and process. b. The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA. c. Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer's decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer. d. There are several constraints to the scope of the AGO Ombudsman's authority, for instance: 1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A-76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.). 2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes. 3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance. 4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions. 5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer. 6. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the U.S. Government. 7. The AGO Ombudsman is not NOAA's agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity). e. After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues. f. The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials. g. Questions regarding this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov. (End of solicitation and contract language) (XIV) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply. (XV) Quotes are required to be received in the contracting office no later than 4:00 P.M. MDT on August 23, 2018. All quotes must be faxed or emailed to the attention of Diana Romero. The E-mail address is Diana.Romero@noaa.gov and the fax number is (303) 497-3163. (XVI) Any questions regarding this solicitation should be directed to Diana Romero, (303) 497-3761, E-email address is diana.romero@noaa.gov. THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT.
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