SOLICITATION NOTICE
X -- Non-personal services for cold storage, on-site processing, and transport of seized, perishable property in support of the National Marine Fisheries Service (NMFS), Office of Law Enforcement, Southeast Division in Miami, Jacksonville, FL and Savannah GA
- Notice Date
- 6/23/2022 2:15:12 PM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 493120
— Refrigerated Warehousing and Storage
- Contracting Office
- DEPT OF COMMERCE NOAA SEATTLE WA 98115 USA
- ZIP Code
- 98115
- Solicitation Number
- 1305M322QNFFK0049DR
- Response Due
- 7/8/2022 1:00:00 PM
- Archive Date
- 07/15/2022
- Point of Contact
- Diana Romero, Phone: 3035789265, Fax: No faxes accepted
- E-Mail Address
-
diana.romero@noaa.gov
(diana.romero@noaa.gov)
- Small Business Set-Aside
- SBA Total Small Business Set-Aside (FAR 19.5)
- Description
- COMBINED SYNOPSIS/SOLICITATION Non-personal services for cold storage, on-site processing, and transport of seized, perishable property in support of the National Marine Fisheries Service (NMFS), Office of Law Enforcement, Southeast Division (SED) in Miami, Jacksonville, FL and Savannah, GA. (I)����������� This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II)���������� This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number 1305M322QNFFK0049DR. (III)�������� The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 (MAY 2022) (Deviation 2020-11)(AUG 2020) (IV)�������� This solicitation is being issued as a total small business set-aside. The associated NAICS code is 493120. The small business size standard is $32.0m. (V)��������� This combined solicitation/synopsis is for purchase of the following commercial services: Line Item 0001 � BASE: Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) for storage of seized evidence in temperature controlled environment, in accordance with the attached statement of work, the Statement of Work (SOW) is attached the Request for Quote form SF18. The period of performance is August 01, 2022 through July 31, 2023. Line Item 0002 � BASE:� Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) for transportation of evidence seized, in accordance with the statement of work, which is attached to the Request for Quote form SF18.� The period of performance is August 01, 2022 through July 31, 2023. Line Item 1001 � Option 1 - �Services, non-personal, to provide all equipment, labor, and materials, including fuel (unless otherwise provided herein) for vessel charter, including crew for conducting four (4) seal surveys, in accordance with the statement of work, the Statement of Work (SOW) is attached the Request for Quote form SF18. The period of performance is August 01, 2023 through July 31, 2024. Line Item 1002 � Option 1 - Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) for transportation of evidence seized, in accordance with the statement of work, which is attached to the Request for Quote form SF18.� The period of performance is August 01, 2023 through July 31, 2024. Line Item 2001 � Option 2- Services, non-personal, to provide all equipment, labor, and materials, including fuel (unless otherwise provided herein) for vessel charter, including crew for conducting four (4) seal surveys, in accordance with the statement of work, the Statement of Work (SOW) is attached the Request for Quote form SF18. The period of performance is August 01, 2024 through July 31, 2025. Line Item 2002 � Option 2 � Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) for transportation of evidence seized, in accordance with the statement of work, which is attached to the Request for Quote form SF18.� The period of performance is August 01, 2024 through July 31, 2025. Line Item 3001 � Option 3 � Services, non-personal, to provide all equipment, labor, and materials, including fuel (unless otherwise provided herein) for vessel charter, including crew for conducting four (4) seal surveys, in accordance with the statement of work, the Statement of Work (SOW) is attached the Request for Quote form SF18. The period of performance is August 01, 2025 through July 31, 2026. Line Item 3002 � Option 3 - Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) for transportation of evidence seized, in accordance with the statement of work, which is attached to the Request for Quote form SF18.� The period of performance is August 01, 2025 through July 31, 2026. Line Item 4001 � Option 4 � Services, non-personal, to provide all equipment, labor, and materials, including fuel (unless otherwise provided herein) for vessel charter, including crew for conducting four (4) seal surveys, in accordance with the statement of work, the Statement of Work (SOW) is attached the Request for Quote form SF18. The period of performance is August 01, 2026 through July 31, 2027. Line Item 4002 � Option 4 � Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) for transportation of evidence seized, in accordance with the statement of work, which is attached to the Request for Quote form SF18.� The period of performance is August 01, 2026 through July 31, 2027. (VI)�������� Description of requirements is as follows: See attached Statement of Work which applies to all line items and is attached to the Request for Quote (RFQ) form SF18. Wage Determinations are attached to the RFQ form SF18. (VII)���� Place of performance: Vicinity of Nome, Alaska Period of performance:� Base - August 01, 2022 through July 31, 2023 Option 1 - August 01, 2023 through July 31, 2024 Option 2 - August 01, 2024 through July 31, 2025 Option 3 - August 01, 2025 through July 31, 2026 Option 4 - August 01, 2026 through July 31, 2027 (VIII) FAR 52.212-1 Instructions to Offerors-Commercial Items (Nov 2021) applies to this acquisition and is in full text in the RFQ SF18. 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 (if any are issued). 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) Vendor Unique Entity ID from SAM.gov c) Cage Code 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/ in order to be considered for award. �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� CONTRACTORS MUST BE ACTIVE IN SAM IN ORDER FOR QUOTES TO BE ACCEPTABLE. (IX) FAR 52.212-2 EVALUATION � COMMERCIAL ITEMS (NOV 2021) applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (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. Paragraph (a) is hereby completed as follows: Evaluation will be based on: 1)� ���Technical Capability/Qualifications: - It is the contractor�s responsibility to provide the quote, all necessary documentation and/or information for the government to make a determination that all experience and skills are met by the contractor. 2)�� ���Past Performance � quote shall include at least 2 references for similar services including the name, phone number, full address and email address. 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�s 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 best value trade-off, firm fixed-price purchase order(s) on a multiple award basis with payment terms of Net 30. (b)���������� Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c)����������� A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer�s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) (X) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL Products and Commercial Services (NOV 2021) (DEVIATION 2020-11) (AUG 2020) 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. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision. The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/ (XI)�������� The clause at FAR 52.212-4 Contract Terms and Conditions�Commercial Items (NOV 2021) (Deviation 2017-02) (Aug 2017), applies to this acquisition and is in full text attached to the Request for Quote form SF18. (XII)������� FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders�Commercial Items (MAY 2022) (Deviation 2021-06) (Sept 2021) (Deviation 2020-11) (Aug 2020) (Deviation 2020-05) (Apr 2020) (Deviation 2017-05)(Sept 2017) applies to this acquisition and is in full text in the RFQ SF18. (XIII) The following clauses/provisions are also applicable to this acquisition: FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT�(NOV 2021) 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 Products and Commercial Services. 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) FAR 52.217-5�Evaluation of Options (July 1990) Except when it is determined in accordance with FAR�17.206(b) not to be in the Government�s best interests, the Government will evaluate�offers�for award purposes by adding the total price for all�options�to the total price for the basic requirement. Evaluation of�options�will not obligate the Government to exercise the�option(s). (End of provision) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of contract completion. (End of Clause) Inclusion of FAR clause 52.217-8, Option to Extend Services, in the solicitation and resultant contract is for use by the Government as outlined at FAR 37.111, Extension of Services. The option will be exercised as needed at any time during the life of the contract using the rates applicable at the time of exercise. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) The Government may extend the term of this contract by written notice to the Contractor within 15 days of contract completion; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years. (End of Clause) � FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984) FAR 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/browse/index/far (End of provision) FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998), This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/index.html (End of Clause) FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) 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. The use in this solicitation or contract of 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) FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) 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. The use in this solicitation or contract of 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) DEPARTMENT OF COMMERCE ACQUISITION CLAUSE OR PROVISION (CAR) FOR FULL TEXT GO TO�http://www.osec.doc.gov/oam/acquistion_management/policy/default.htm 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) CAR 1352.215-72�INQUIRIES (APR 2010) Offerors must submit all questions concerning this solicitation in writing to diana.romero@noaa.gov. Questions should be received no later than 6 calendar days 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) CAR 1352.270-70 Period of Performance (APR 2010) The base period of performance of this contract is from 08/01/2022 through 07/31/2023. If an option is exercised, the period of performance shall be extended through the end of that option period. The option periods that may be exercised are as follows: Period Start date End date Option I 08/01/2023 07/31/2024 Option II 08/01/2024 07/31/2025 Option III 08/01/2025 07/31/2026 Option IV 08/01/2026 07/31/2027 The notice requirements for unilateral exercise of option periods are set out in FAR 52.217�9. (End of solicitation and contract language) CAR 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 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Chad Hepp, Director NOAA/AGO Western Acquisition Division-Boulder 325 Broadway SOU6 Boulder, CO 80305 email:� chad.m.hepp@noaa.gov (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, DC 20230 FAX: (202) 482-5858. (End of clause) CAR 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, NW. Washington, DC 20230 FAX: (202) 482-5858. (End of clause) NOAA ACQUISITION MANUAL (NAM) FOR FULL TEXT GO TO�https://www.noaa.gov/sites/default/files/legacy/document/2020/Mar/noaa_Acquisition_Manual_8.0.pdf 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, 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. � It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct andstandards 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. � 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. � 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. � Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants� needs are addressed. � 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). � 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 T...
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