SOLICITATION NOTICE
J -- Non-personal services to upgrade the current security door access system at the Aviation Weather Center (AWC) and the National Weather Service Training Center (NWSTC) located in Kansas City, MO
- Notice Date
- 7/12/2022 11:02:55 AM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 561621
— Security Systems Services (except Locksmiths)
- Contracting Office
- DEPT OF COMMERCE NOAA SEATTLE WA 98115 USA
- ZIP Code
- 98115
- Solicitation Number
- 1305M322QNWWX0061DR
- Response Due
- 7/21/2022 1:00:00 PM
- Archive Date
- 07/25/2022
- 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 to upgrade the current security door access system at the Aviation Weather Center (AWC) and the National Weather Service Training Center (NWSTC) located in Kansas City, MO. (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 1305M322QNWWX0061DR. (III)�������� The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 (MAY 2022) (Deviation 2022-02)(NOV 2021) (IV)�������� This solicitation is being issued as a total small business set-aside. The associated NAICS code is 561621. The small business size standard is $22.0M. (V)��������� This combined solicitation/synopsis is for purchase of the following commercial services: Line Item 0001 � Services, non-personal, to provide all equipment, labor, and materials (unless otherwise provided herein) necessary for the hardware for door access controllers, scramble pads, and door access scramble pads in accordance with HSPD-12 requirements and the statement of work, which is attached the Request for Quote form SF18. The period of performance is to be completed 180 days after award.� WAGE RATES INCORPORATED: THE WAGE RATES WD 2015-5105, REVISION 17, DATED 03/15/2022 ARE INCORPORATED AND MAY BE VIEWED AT WWW.SAM.GOV (VI)�������� Description of requirements is as follows: See attached Statement of Work which applies to all line items which is attached to the Request for Quote form SF18. (VII)���� Place of performance: Kansas City, MO Period of performance:� To be completed 180 day after awards (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 on an all or none basis with payment terms of Net 30. (b)���������� Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c)����������� A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer�s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) (X) FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL Products and Commercial Services (MAY 2022) (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 52.204-7 System for Award Management (OCT 2018) 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) � 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 1352.233-70 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 NAM 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 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. 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). 4. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within�������� �business days [30 unless a different number is inserted] of contract award or the date a contractor employee is assigned to perform under the contract, as applicable. Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion. Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA�s Workplace Violence Program Manager. A link to the website including the required elements of the training is provided at: http://www.ago.noaa.gov/quicklinks/harassment_training.html. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training. NOAA�s Workplace Violence Program Manager, COR, or CO may periodically review the contractor�s training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor. Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of NAO 202-1106. 5. The contractor shall provide a copy of this solicitation and contract language and NAO 202-1106 to contractor employees. (c) Sexual Assault/Sexual Harassment (SASH) Helpline. For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee. All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week. The NOAA SASH helpline is accessible through a variety of channels, including: Phone: 1-866-288-6558 Website & Online Chat: http://NOAASASHHelpline.org Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores) Text: (202) 335-0265 Confidentiality. Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. �Confidentiality� means that the information shall only be shared with others who have a need to know the information to conduct their official duties. Remedies. In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in: Requiring the Contractor to remove a contractor employee or employees from the performance of the contract; Requiring the Contractor to terminate a subcontract; Suspension of contract payments until the Contractor has taken appropriate remedial action; Termination of the contract for default or cause, in accordance with the termination clause of this contract; Suspension or debarment; or 6. Other appropriate action. (End of solicitation and contract language) 1330-52.237-70 CONTRACTOR COMMUNICATIONS (APR 2010) (a) A contractor employee shall be identified both by the individual�s name and the contractor�s name when: Included in NOAA�s locator, and When submitting any type of electronic correspondence to any NOAA employee or stakeholder. (b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number. (c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting. (End of clause) 1330-52.237-71 NOAA GOVERNMENT-CONTRACTOR RELATIONS � NON-PERSONAL SERVICES CONTRACT (SEPT 2017) (a) The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services as defined in FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor�s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations. (b) Contractor personnel under this contract shall not: (1) Be placed in a position where they are under relatively continuous supervision and control of a Government employee. (2) Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other Contractors performing under other NOAA contracts. (c) The services to be performed under this contract do not require the Contractor or the Contractor�s personnel to exercise personal judgement and discretion on behalf of the Government. Rather, the Contractor�s personnel will act and exercise personal judgement and discretion on behalf of the Contractor. (d) Rules, regulations, directives, and requirements that are issued by the Department of Commerce and NOAA under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract. (e) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies: (1) The Contractor shall notify the Contracting Officer in writing within 5 business days from the date of any situation or occurrence where the Contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or Contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance. (2) The Contracting Officer will review the information provided by the Contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the Contrac...
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