SAMDaily.us | PRESOL | D | Acquisition of two (2) perpetual licenses for the National Instrument�s LabVIEW Embedded Control and Monitoring Software Suite 2021

SAMDAILY.US - ISSUE OF AUGUST 21, 2021 SAM #7203
SOLICITATION NOTICE

D -- Acquisition of two (2) perpetual licenses for the National Instrument�s LabVIEW Embedded Control and Monitoring Software Suite 2021

Notice Date: 8/19/2021 9:20:07 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 334513 — Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables
Contracting Office: DEPT OF COMMERCE NOAA KANSAS CITY MO 64106 USA
ZIP Code: 64106
Solicitation Number: 1333LD21BNEEB0013
Response Due: 8/29/2021 10:00:00 AM
Archive Date: 09/13/2021
Point of Contact: Joel Perlroth, Phone: (301) 713-9204, Darrin J. Pape, Phone: (202) 774-6624
E-Mail Address: joel.l.perlroth@noaa.gov, darrin.pape@noaa.gov
(joel.l.perlroth@noaa.gov, darrin.pape@noaa.gov)
Small Business Set-Aside: SBA Total Small Business Set-Aside (FAR 19.5)
Description: The Department of Commerce/National Oceanic and Atmospheric Administration/National Environmental Satellite Data and Information Service (DOC/NOAA/NESDIS), intends to award a Purchase Order pursuant to Simplified Acquisition Procedures under the authority of FAR Part 13. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format at FAR Subpart 12.6., as supplemented with additional information included in this notice, and is being conducted pursuant to Acquisition Circular FAC 2021-06 Effective 12 JUL 2021 Part Subpart 12.6 and FAR Part 13. The Request for Quote (RFQ) number 1333LD21BNEEB0013 The acquisition is being sought as a Small Business set aside for this requirement. The intended procurement will be classified under North American Industry Classification System (NAICS) 334513 - Size Standard 500 Employees THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. The National Oceanic and Atmospheric Administration (NOAA) Office of Satellite and Product Operations (OSPO) is an organizational component of the National Environmental Satellite, Data and Information Service (NESDIS).� The OSPO has operational responsibility for the Satellite Operations Control Center (SOCC) at Suitland, MD and the Command and Data Acquisition Stations (CDAS) at Wallops, VA and Fairbanks, AK to command and control the satellites, to track the satellites, and to acquire their data. The OSPO also manages and directs the operation of the central ground facilities which ingest, process, and distribute environmental satellite data and derived products, to domestic and foreign users. WCDAS currently uses National Instrument�s LabVIEW software development environment to develop and deploy numerous custom monitoring, test, and control applications in support of all WCDAS missions, including GOES R, GOES NOP, EWS-G1, POES, DSCVR and ACE.� In addition to direct mission support, the WCDAS Systems Engineering Branch (SEB) calibration laboratory utilizes the LabVIEW software suite to automate the evaluation, test, and repair of station precision measurement equipment.� WCDAS currently relies on a single license of an obsolete version (2017) of LabVIEW for all development. The requirement is being issued for a twelve-month base period and 4-additional 12-month options 2.� Scope of Work�� To meet the rising demand for development of custom control and automation software, WCDAS requires the acquisition of two (2) perpetual licenses for the National Instrument�s LabVIEW Embedded Control and Monitoring Software Suite 2021.� These two licenses will consist of: � Renewal/Re-activation of existing expired license for use on GOES PLT PC Additional new license for use on SEB Calibration Lab development PC Additionally, WCDAS requires Standard Service support for the above licenses for up to four additional option years beyond the first year provided with the license purchase. � See section 3 for complete specification requirements. 3. Specifications Line 0001 -� PN:� 940006-01�� LabView Standard Service Program�� 1 Year� �� Embedded Control and Monitoring Suite, Download �� SN:� Z00G15451� �� Single Seat License Line 0002 -� PN:� 784005-35� Embedded Control and Monitoring Software Suite, Download �� New Single Seat License with 1Year LabVIEW Standard Service Program Line 0003 � 1st Option year LabVIEW Standard Service Program for two licenses. Line 0004 � 2nd Option year LabVIEW Standard Service Program for two licenses. Line 0005 � 3rd Option year LabVIEW Standard Service Program for two licenses. Line 0006 � 4rd Option year LabVIEW Standard Service Program for two licenses. The LabVIEW Embedded Control and Monitoring Software Suite licenses shall include the following components: LabVIEW and LabVIEW NXG LabVIEW Real-Time Module and LabVIEW NXG Real-Time Module LabVIEW FPGA Module LabVIEW MathScript Module LabVIEW Advanced Signal Processing Toolkit LabVIEW Digital Filter Design Tool Kit Vision Acquisition Software Vision Development Module LabWindows/CVI Execution Profiler Toolkit LabWindows/CVI SQL Toolkit LabWindows/CBI Real-Time Module LabWindows/CVI Full Measurement Studio Enterprise Edition 4.� Period of Performance Base Period�� -�� September 6, 2021�� -�� September 5, 2022 Option 1�� -�� September 6, 2022�� -�� September 5, 2023 Option 2�� -�� September 6, 2023�� -�� September 5, 2024 Option 3�� -�� September 6, 2024�� -�� September 5, 2025 Option 4�� -�� September 6, 2025�� -�� September 5, 2026 5.�� Non-Price Evaluation Factors: Offer(s) shall be evaluated on an individual basis in accordance with the evaluation criteria outlined in the RFQ only.�� The award will be made to the responsible offeror that meets the best value to the Government. The offer must meet 1) Technical Specifications Acceptability, 2) Delivery must meet the Government�s need and 3) Price.� Offers that meet or exceed these factors will be selected on a Lowest Price Technically Acceptable basis.� 6.� Security Requirements Products and services for exchange, refurbishing, or recycling of hardware must comply with NOAA IT Security Manual (ITSM) media sanitization requirements (MP-6) and NIST SP 800-88 Revision 1. Pre-configured hardware must comply with FAR 39.101(c) regulations for adherence to the NIST SP 800-70 Rev. 3 common security configuration checklist program (https://nvd.nist.gov/ncp/repository).� New hardware must comply with FAR 4.1302 and be capable of being configured to utilize approved, per FAR 4.1302(b) PIV-compliant (https://www.idmanagement.gov/approved-products-list/) smart card authentication components.� In addition, new hardware shall be capable of implementing Internet Protocol Version 6 (IPv6) requirements as required by FAR part 11.002(g). Specifically, unless the agency Chief Information Officer waives the requirement for technology using Internet Protocol, the product must comply with applicable technical capabilities defined in the USGv6 Profile (NIST Special Publication (SP) 500-267) and the corresponding declarations of conformance defined in the USGv6 Test Program. To meet this requirement, vendors and suppliers of IP protocol technology must document their product�s support of the requested capabilities through the USGv6 test program (https://www-x.antd.nist.gov/usgv6/) using the USGv6 Suppliers Declaration of Conformity. The contractor shall comply with the IT Security requirements of the Department of Commerce as outlined in Commerce Acquisition Regulation (CAR) 1352.239-72, Security Requirements for Information Technology Resources (April 2010), except that development of a Security Authorization Package in accordance with CAR 1352.239-72, section (i) is not required.� Contractor personnel will not be provided access to NOAA IT Systems.� The procurement package, IT Checklist defines further requirements. Commerce Acquisition Regulation (CAR) clauses: CAR 1352.201-70 Contracting Officer's Authority (APR 2010) CAR 1352.209-73 Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352.233-70 Agency Protests (APR 2010) {Fill-in paragraph ""b"": Department of Commerce, NOAA, NESDIS, Field Delegate 1335 East West Highway, room 8472, silver Spring, MD 20910; fill-in paragraph ""c"": U.S Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230} � The following FAR clause is provided in full text: FAR clause 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) The offerors capability to successfully perform the contract TECHNICAL EVALUATION CRITERIA The Government anticipates awarding a Purchase Order resulting from this Request for Quotation to the responsible offeror whose proposal results in the best value to the Government, considering both price and non-price factors. �Best value� means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. The evaluation criteria below will be used to evaluate the Contractor�s quotation is significantly more important than price. As the technical quotations become closer in quality, price increases in relative importance.�� Evaluation Factors Each quotation shall be evaluated on an individual basis in accordance with the evaluation criteria outlined in the PWS only.� Award will be made to the responsible contractor that offers the best value to the Government.� Quotations will be evaluated based on the factors set forth below.� The factors are listed below. Technical Specifications � Offeror shall meet all specifications as listed in section 3 as outlined above.� Offeror must demonstrate the ability to conform to all solicitation instructions. Delivery � Offeror shall provide the best expedited delivery schedule to meet the Government�s need. Price � Fixed price quotations will be reviewed for reasonableness, affordability to determine whether they reflect understanding of the requirement or any significant unbalanced pricing.� Quotations shall itemize total costs. An adjectival rating will be used to rate each factor: Excellent � The quotation is fully and completely responsive.� The offeror has thoroughly demonstrated that it has the capability to provide superior service in the performance of the tasks.� An assigned rating of excellent indicates that in terms of specific factors, the quotation contains significant strengths and no weaknesses and/or risks or minor weaknesses and/or risks. Good � The quotation is adequate with no major weaknesses.� The contractor has demonstrated that it has the capability to successfully provide quality service throughout the life of the contract.� A good rating indicates some strengths with few or minor weaknesses and risks that are only minor. Acceptable � The quotation is minimally satisfactory; however, it may contain a number of weaknesses and risks.� These weaknesses may diminish the quality in some areas of performance but overall will not jeopardize performance.� A rating of acceptable indicates few strengths. Marginal � The quotation fails to adequately address the majority of the Government�s requirements and therefore there is a low probability of successfully satisfying the solicitation requirements.� A marginal rating indicates that the quotation contains significant weaknesses.� It may also contain significant risks. Unacceptable � The quotation fails to adequately address the requirements and there is not probability of successfully satisfying the requirements.� An unacceptable rating indicates deficiencies and major weaknesses, as well as numerous risks that would require extensive corrections or a complete rewrite of the quotation. 2) Price. The Government shall evaluate the submissions by Contract Line Item Numbers (CLIN), and by evaluating the proposed price. (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) The following FAR Provisions and Clauses are incorporated by reference: 52.212-1, Instructions to Offerors (OCT 2015) 52.212-3, Offeror Representations and Certifications-Commercial Items (APR 2016) 52.212-4, Contract Terms and Conditions-Commercial Items (MAY 2015) 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (JAN 2021) applies to this (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (4) 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)). In addition, the following additional FAR clauses cited in the clause at paragraph (b) are applicable to this acquisition: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (NOV 2015) 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) 52.219-28, Post Award Small Business Program Representation (JUL 2013) 52.222-3, Convict Labor, (JUN 2003) 52.222-21, Prohibition of Segregated Facilities, (APR 2015) 52.222-26, Equal Opportunity, (APR 2015) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) 52.222-50, Combating Trafficking in Persons (MAR 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or provided by Kaspersky Lab and other covered entities (JUL 2018) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (MAY 2014) 52.225-13, Restrictions on Certain Foreign Purchases, (JUN 2008) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management, (JUL 2013) 52.239-1, Privacy or Security Safeguards (AUG 1996) 52.232-39, Unenforceability of Unauthorized obligations (JUN 2013) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.225-1, Buy American Act -- Supplies, (MAY 2014) In addition, the following additional FAR clauses cited are in full text 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 15-Days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15-Days 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 60-months (End of Clause) 52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE (DEC 2007) (a) Notwithstanding any contrary provisions contained in the Contractor`s standard commercial license or lease agreement, the Contractor agrees that the Government will have the rights that are set forth in paragraph (b) of this clause to use, duplicate or disclose any commercial computer software delivered under this contract. The terms and provisions of this contract shall comply with Federal laws and the Federal Acquisition Regulation. (b) (1) The commercial computer software delivered under this contract may not be used, reproduced, or disclosed by the Government except as provided in paragraph (b)(2) of this clause or as expressly stated otherwise in this contract. (2) The commercial computer software may be-- (i) Used or copied for use with the computer(s) for which it was acquired, including use at any Government installation to which the computer(s) may be transferred; (ii) Used or copied for use with a backup computer if any computer for which it was acquired is inoperative; (iii) Reproduced for safekeeping (archives) or backup purposes; (iv) Modified, adapted, or combined with other computer software, provided that the modified, adapted, or combined portions of the derivative software incorporating any of the delivered, commercial computer software shall be subject to same restrictions set forth in this contract; (v) Disclosed to and reproduced for use by support service Contractors or their subcontractors, subject to the same restrictions set forth in this contract; and (vi) Used or copied for use with a replacement computer. (3) If the commercial computer software is otherwise available without disclosure restrictions, the Contractor licenses it to the Government without disclosure restrictions. (c) The Contractor shall affix a notice substantially as follows to any commercial computer software delivered under this contract: NOTICE Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this computer software, the rights of the Government regarding its use, reproduction and disclosure are as set forth in Government Contract No.___________________________. 52.204-24�Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. As prescribed in�4.2105(a), insert the following provision: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment�(Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ""does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument"" in paragraph (c)(1) in the provision at�52.204-26, Covered Telecommunications Equipment or Services�Representation, or in paragraph (v)(2)(i) of the provision at�52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ""does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services"" in paragraph (c)(2) of the provision at�52.204-26, or in paragraph (v)(2)(ii) of the provision at�52.212-3. ��(a)�Definitions.�As used in this provision� ��Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component�have the meanings provided in the clause�52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ��(b)�Prohibition. �(1)�Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to� ��(i)�Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or ��(ii)�Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. ��(2)�Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to� ��(i)�Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or ��(ii)�Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. ��(c)�Procedures.�The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for ""covered telecommunications equipment or services"". ��(d)�Representation.�The Offeror represents that� ��(1)�It�?�will,�?�will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds ""will"" in paragraph (d)(1) of this section; and ��(2)�After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that� ��It�?�does,�?�does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds ""does"" in paragraph (d)(2) of this section. ��(e)�Disclosures.� (1)�Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded ""will"" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: ��(i)�For covered equipment� ��(A)�The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); ��(B)�A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and ��(C)�Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. ��(ii)�For covered services� ��(A)�If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or ��(B)�If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. ��(2)�Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded ""does"" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: ��(i)�For covered equipment� ��(A)�The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); ��(B)�A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and ��(C)�Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. ��(ii)�For covered services� ��(A)�If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or ��(B)�If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) 52.204-26�Covered Telecommunications Equipment or Services-Representation. As prescribed in�4.2105(c), insert the following provision: Covered Telecommunications Equipment or Services-Representation (Oct�2020) ��(a)�Definitions.�As used in this provision, ""covered telecommunications equipment or services"" and ""reasonable inquiry"" have the meaning provided in the clause�52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ��(b)�Procedures.�The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for ""covered telecommunications equipment or services"". (1)�Representation.�The Offeror represents that it�?�does,�?�does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. ��(2)�After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it�?�does,�?�does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision) 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE POLICY (MAY 2018) In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy (reference https://www.corporateservices.noaa.gov/ames/ administrative orders/chapter_202/202-1106.html), it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NOAA prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for NOAA. (a) Definitions. Contractor Employees - The term ""contractor employees"" as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members. Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim. Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true: Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment; Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment. The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient's sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures. (b) Requirements. 1. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment. 2. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor. 3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the Contracting Officer's Representative (COR), subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6,.07, Reporting from Remote Locations. 4. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants' needs are addressed. 5. 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). 6. 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 re...
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D -- Acquisition of two (2) perpetual licenses for the National Instrument�s LabVIEW Embedded Control and Monitoring Software Suite 2021