SAMDaily.us | PRESOL | 80 | Marine Coatings - Oscar Elton Sette

SAMDAILY.US - ISSUE OF NOVEMBER 29, 2019 SAM #6574
SOLICITATION NOTICE

80 -- Marine Coatings - Oscar Elton Sette

Notice Date: 11/27/2019 11:31:28 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 325510 — Paint and Coating Manufacturing
Contracting Office: DEPT OF COMMERCE NOAA KANSAS CITY MO 64106 USA
ZIP Code: 64106
Solicitation Number: NMAN7937-20-00113
Response Due: 12/12/2019 10:00:00 AM
Archive Date: 12/27/2019
Point of Contact: BEVERLY J PARKER, Phone: 5418678730, Fax: 5418678864
E-Mail Address: BEVERLY.J.PARKER@NOAA.GOV
(BEVERLY.J.PARKER@NOAA.GOV)
Small Business Set-Aside: SBA Total Small Business Set-Aside (FAR 19.5)
Description: Combined Synopsis/Solicitation (Best Value)The National Oceanic and Atmospheric Administration (NOAA), Office of Marine and Aviation Operations/Marine Operations Center - Pacific Islands requires the establishment of a base plus four year source of marine coatings for the NOAA Ship Oscar Elton Sette.This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.(ii) Solicitation number NMAN7937-20-00113 is issued as a firm fixed price, commercial, request for quotation (RFQ).(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-01.(iv) The NAICS code for this acquisition is 325510, Paint and Coating Manufacturing; the small business size standard is 1,000 Employees.(v) Line items are as follows:1. MIL-DTL-1115E, AMENDMENT 1, FORMULA 302. MIL-DTL-15090E, AMENDMENT 1, FORMULA 1113. MIL-DTL-24607B, AMENDMENT 14. MIL-PRF-24635E, TYPE II5. FAST CLAD ER Epoxy Amine6. TT-P-28H HIGH HEAT ALUMINUM7. MIL-24441 TYPE IV, EPOXY POLYAMIDE8. SEAGUARD 6000 - MARINE EPOXY9. FAST CLAD® BRUSH GRADE EPOXY10. DURA-PLATE 154 SPLASH ZONE COATING11. SEAGUARD MP EPOXY12. SEAGUARD 610013. HIGH SOLIDS MARINE EPOXY14. COPPER BOTTOM ANTI-FOULING PAINT #4515. SEAGUARD 5000HS EPOXY16. MIL-24441 TYPE III, EPOXY POLYAMIDE17. SEAVOYAGE COPPER FREE18. COPPER AND TIN FREE ABLATIVE ANTIFOULING19. MIL-DTL-24441C TYPE III EPOXY ZINC RICH PRIMER20. TT-P-645C, FORMULA 8421. SEAGUARD 1000 MARINE ALKYD ENAMEL22. MIL-PRF-24596B, FORMULA 25A23. SEAVOYAGE® 10024. CONTROLLED DEPLETION POLYMER ANTIFOULING COATING25. SEAGUARD ABLATIVE ANTI-FOULING COATING26. SEAGUARD™ 1050 VOIDCOAT27. FAST CLAD EPOXY PRIMER28. FAST CLAD ER EPOXY(vi) Description of requirements for the items to be acquired: The vendor is to provide the items in CLIN 1 - 28 per the attached statement of need.(vii) Date(s) and place(s) of delivery and acceptance and FOB point. On demand delivery is required within 5 days of order to:NOAA Ship Oscar Elton Sette1897 Ranger Loop Road, Building 184Ford IslandHonolulu, Hawaii 96818(viii) The provision at 52.212-1, Instructions to Offerors—Commercial (Oct 2018) (Deviation 2019-03) (Jun 2019), applies to this acquisition without addenda.(ix) The provision at 52.212-2, Evaluation—Commercial Items, applies to this acquisition. The specific evaluation criteria per in paragraph (a) of that provision is below: (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:Capacity to Delivery Within Five (5) Days After Receipt of Order (Technical)PricePast PerformanceTechnical and past performance, when combined, are of more importance than price.Evaluation Criteria Ratings and Definitions: Technical -“Exceeds” - Offer provides accelerated completion schedule (at a reasonable price), proposes specific cost savings, or other such benefit to the Government.“Meets” - Satisfies the requirement but does not offer added benefit.“Does Not Meet” - Offer does not adequately demonstrate understanding; i.e. offer only addresses pricing and not approach.Past Performance -“Acceptable” - Has satisfactory or better past performance either with NOAA or as documented in the Past Performance Information Retrieval System (PPIRS).“Not Acceptable” - Has negative past performance with NOAA or as documented in PPIRS.“No Past Performance” - Vendor has no past performance with NOAA or documented in PPIRS. This is a neutral rating and will not negatively affect ranking.Price -Offered prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions. (b) 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) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items.The Offeror shall complete only paragraph (b) of the provision at FAR 52.212-3 if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of the provision.(xi) 52.212-4 Contract Terms and Conditions—Commercial Items (Oct 2018) (Deviation 2017-02) (Aug 2017), applies to this acquisition with addenda to paragraph (r) below:(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.(xii) The clause at 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Aug 2019) (Deviation 2019-03) (June 2019)(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.]___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)___ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (April 2014) (41 U.S.C. 4712) relating to whistleblower protections).__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Award (Oct 2018). (Pub. L. 109-282) (31 U.S.C. 6101 note).__ (6) [Reserved].__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).__ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).__ (11) [Reserved].__ (12)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).__ (ii) Alternate I (Nov 2011) of 52.219-3.__ (13)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).__ (ii) Alternate I (JAN 2011) of 52.219-4.__ (14) [Reserved]_X_ (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).__ (ii) Alternate I (Nov 2011).__ (iii) Alternate II (Nov 2011).__ (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).__ (ii) Alternate I (Oct 1995) of 52.219-7.__ (iii) Alternate II (Mar 2004) of 52.219-7.__ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).__ (18)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).__ (ii) Alternate I (Nov 2016) of 52.219-9.__ (iii) Alternate II (Nov 2016) of 52.219-9.__ (iv) Alternate III (Nov 2016) of 52.219-9.__ (v) Alternate IV (Aug 2018) of 52.219-9._X_ (19) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).__ (20) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).__ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).__ (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m))._X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755)._X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).__ (28) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).__ (29) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).__ (30) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).__ (31) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).__ (32) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496)._X_ (34)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).__ (35) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)__ (36)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)_X_ (37) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).__ (38) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).__ (39)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).__ (ii) Alternate I (Oct 2015) of 52.223-13.__ (40)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-14.__ (41) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).__ (42)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).__ (ii) Alternate I (Jun 2014) of 52.223-16._X_ (43) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).__ (44) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).__ (45) 52.223-21, Foams (JUN 2016) (E.O. 13693).__ (46)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).__ (ii) Alternate I (JAN 2017) of 52.224-3._X_ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).__ (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.__ (ii) Alternate I (May 2014) of 52.225-3.__ (iii) Alternate II (May 2014) of 52.225-3.__ (iv) Alternate III (May 2014) of 52.225-3.__ (49) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note)._X_ (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).__ (55) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f))._X_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).__ (60) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).__ (61)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).__ (ii) Alternate I (Apr 2003) of 52.247-64.(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.]__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)(viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).(xiv) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).(xx)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(B) Alternate I (Jan 2017) of 52.224-3.(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause)(xiii) Additional Federal Acquisition Regulation terms and conditions apply to this acquisition: 52.217-5 Evaluation of Options (Jul 1990)Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision)52.217-8 -- Option to Extend Services. 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 14 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 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 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) 52.252-1 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/?q=browsefar(xiv) 52.252-2 The following Federal Acquisition Regulation terms and conditions apply to this acquisition and are included by reference:52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017)52.211-6 Brand Name or Equal (AUG 1999)52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997)52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)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 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. (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 any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. (End of clause)(xv) The following Department of Commerce and National Oceanic and Atmospheric terms and conditions apply to this acquisition:1352.201-70, Contracting Officer's Authority (APR 2010)The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. (End of clause)1352.209-73, Compliance with the Laws (APR 2010)The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (End of clause)1352.209-74, Organizational Conflict of Interest (APR 2010)(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venture, 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 becauseof 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)1352.215-72 Inquiries.Offerors must submit all questions concerning this solicitation in writing to beverly.j.parker@noaa.gov. Questions should be received no later than one (1) calendar day after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause)352.233-70 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 FR 16,651 (April 6, 1999).(b) Agency protests filed with the Contracting Officer shall be sent to the following address:Marine OperationsAttn: Beverly J. Parker, Contracting Officer2002 SE Marine Science DriveNewport, Oregon 97365Email: Beverly.j.parker@noaa.gov(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:Barry BerkowitzSenior Procurement Executive and Director, Office of Acquisition ManagementU.S. Department of CommerceRoom 6422Herbert C. Hoover Building14th Street and Constitution Avenue, N.W.Washington DC 20230Fax: (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 DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, NW.Washington DC 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 DivisionRoom 5893Herbert C. Hoover Building14th Street and Constitution Avenue, NW.Washington DC 20230Fax: (202) 482-5858. (End of clause)1330-52.237-70 Contractor Communications (APR 2010)NOAA Acquisition and Grants Office OMBUDSMAN (OCT 2016) The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to: Allow contractors to better prepare for and propose on business opportunities. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from. Identify constraints in transparency and process. 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. 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. There are several constraints to the scope of the AGO Ombudsman’s authority, for instance: Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A•76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.). The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the U.S. Government. The AGO Ombudsman is not NOAA’s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity). 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. 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. 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) (xvi) Defense Priorities and Allocations Systems (DPAS) and assigned ratings is not applicable.(xvii) Offers shall be submitted electronically via email to beverly.j.parker@noaa.gov no later than 1000 hrs PST, December 12, 2019.(xviii) Contact Beverly J. Parker at (541) 867-8730 or beverly.j.parker@noaa.gov for information regarding this solicitation.
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