FBODaily.com | FedBizOpps: PRESOL | 59 | Development and Replacement of Single Board Controller Cards - SOW and Attachments

FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 04, 2016 FBO #5307
SOLICITATION NOTICE

59 -- Development and Replacement of Single Board Controller Cards - SOW and Attachments

Notice Date: 6/2/2016
Notice Type: Combined Synopsis/Solicitation
NAICS: 334220 — Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
Contracting Office: Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Eastern Acquisition Division - Norfolk, Norfolk Federal Building, 200 Granby Street, Norfolk, Virginia, 23510, United States
ZIP Code: 23510
Solicitation Number: EG-133W-16-RQ-0474
Archive Date: 7/5/2016
Point of Contact: SHAUN I. SQUYRES, Phone: 757-441-3413
E-Mail Address: shaun.squyres@noaa.gov
(shaun.squyres@noaa.gov)
Small Business Set-Aside: Total Small Business
Description: Attachment 5- Burk Board Output Definitions for the WR 300B Attachment 4- Burk Board Output Definitions for the WR 1000B Attachment 3- Crown Macro Functionality Description Attachment 2- Crown WR 300 Macro Functions Attachment 1- Crown WR 1000 Macro Functions SOW This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items and 13.5, Simplified Procedures for Certain Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a separate written solicitation will not be issued. (The solicitation number is EG-133W-16-RQ-0474 and is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88. This solicitation is set aside for small business. The associated NAICS Code is 334220 and the Small Business Size Standard is 1,250 employees. A single award, Firm Fixed Price (FFP), Indefinite Delivery, Indefinite Quantity (ID/IQ) contract is anticipated. This combined synopsis/solicitation is for the purchase of the following commercial item(s): Development and Replacement of Single Board Controller Cards in accordance with: •Statement of Work (SOW) titled "Development of a New Single Board Controller Card for the NOAA Weather Radio Crown WR300B and WR1000B Transmitters" •Attachment 1- Crown WR 1000 Macro Functions •Attachment 2- Crown WR 300 Macro Functions. •Attachment 3- Crown Macro Functionality Description •Attachment 4- Burk Board Output Definitions for the WR1000B •Attachment 5- Burk Board Output Definitions for the WR300B CONTRACT LINE ITEM NUMBER (CLIN) CLIN 0001Replacement Board Development in accordance with the SOW and Attachments 1 through 5. CLIN 0002Five (5) Production Version Burk Replacement Boards. CLIN 0003 OPTIONProduction Version Burk Replacement Boards in accordance with the SOW and Attachments 1 through 5 (Not to Exceed 500 units). Please provide discounted pricing for the following order quantities- Per Unit pricing for 1-25 Replacement Boards Per Unit pricing for 26-50 Replacement Boards Per Unit pricing for 51- 75 Replacement Boards Per Unit pricing for 76-100 Replacement Boards The Government anticipates the placement of incremental orders of Replacement Boards. The quantities have not been determined at this time. The maximum quantity of units shall not to exceed a total of 500 Replacement Boards throughout the five year ordering period. Vendors are advised to include a complete copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer. The Defense Priorities and Allocations System (DPAS) does not apply to this acquisition. Quotations must be submitted to the attention of Shaun I. Squyres Jr. by e-mail to shaun.squyres@noaa.gov. Quotes are due by 1:00 pm EST on June 20, 2016. The name and telephone number of the individual to contact for information regarding this solicitation are Shaun I. Squyres, Jr. and (757)441-3413. APPLICABLE FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS & CLAUSES FAR 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015) (Addendum) The text of paragraph "f" is hereby deleted, and the paragraph is annotated as "Reserved." All references herein to "offerors" shall be construed as "vendors," and all references herein to "offers" or "bids" shall be construed as "quotes." Vendors interested in submitting a quote in response to this Request for Quotations, must provide the following information before June 20, 2016 at 1:00 PM ET. Vendors shall submit their quote in two volumes: Technical Approach and Price via e-mail to Shaun Squyres at Shaun.Squyres@noaa.gov. Within the electronic copy, the Volumes shall be submitted in two separate files in the same e-mail by the due date and time cited on page 1 of the RFQ. Vendors are encouraged to send a test e-mail to the above individual in advance of the quote's due date. Any prospective vendors may contact the Contract Specialist while preparing a quote to obtain a clarification of the SOW or other information needed to prepare a quote. NOAA will provide pertinent information in that regard to other vendors, as appropriate. Please send questions by June 8, 2016 to Shaun Squyres at Shaun.Squyres@noaa.gov. All questions must be submitted via e-mail only. Vendors are required to submit a Business Solution which will be used to assess the vendor's capability to perform the services described in the Statement of Work. The solution shall clearly demonstrate that the vendor has a thorough understanding of the effort called for herein. Vendors shall assume that the Government has no prior knowledge of them and that it will base its evaluation on the information presented in the Business Solution; as such, the Business Solution must be fully self-sufficient and provide all necessary information for a comprehensive evaluation. The Business Solution must be sufficient to show how the vendor proposes to accomplish the effort described by the Statement of Work, including a full explanation of the procedures and techniques to be followed. Failure to submit the Business Solution by the date and time cited above may be cause for rejection and the quote receiving no further consideration. The following volumes of material shall be submitted for each quote: Volume I - Business Solution Business Solution-Shall include all information required for evaluation, excluding any reference to price. Volume I shall be subdivided into the following factors: •Technical Approach •Past Performance The Business Solution shall be subdivided by the factors listed above and shall collectively be no more than 30 pages. One page is equivalent to one side of a double-sided printed piece of 8.5" by 11" paper. Font sizes must be no smaller than Times New Roman, size 10 type. Pages submitted above this page count will not be read or considered part of the evaluation. Each page in this volume shall be separately numbered. Volume II - Price Quote Price Quote VOLUME I - BUSINESS SOLUTION A. Technical Approach Vendors should clearly describe their understanding of what is required under this RFQ. The technical approach should address requirements in sufficient detail to demonstrate that the vendor understands the requirements described in the Statement of Work. The Technical Approach should address the vendors Hardware/Software Reverse Engineering and Design Approach, Testing/Evaluation Approach, and Overall Development and Future Production Delivery Schedules. B. Past Performance Offerors shall describe relevant performance on other contracts or affirmatively state that it possesses no relevant past performance. List a maximum of three (3) contracts similar in size, content, and complexity to this proposed order. Information shall include: 1. Contract Number 2. Name And Address Of The Government Agency Or Commercial Entity 3. Brief Description Of Work/Services Provided and the Relevance to the requirements herein 4. Point of Contact With Current Phone Number and E-Mail Address 5. Date of Contract Award 6. Period of Performance 7. Initial and Current Contract Value, and the Extent of Subcontracting. The requested past performance shall not be older than three (3) years. The Government reserves the right to contact any government and private source in addition to those included with the quote. VOLUME II - PRICE QUOTE The price quote shall be submitted separately from the Technical Approach using the CLIN Structure on page 1 of the RFQ. The vendor shall include the unit price, and the total amount for each contract line item number (CLIN). The vendor shall include volume pricing for the quantities listed in CLIN 0003. The evaluated price for CLIN 0003 will use the highest unit pricing times the quantity of 500 units. The vendor provided pricing for each of the three CLINS will be added together to derive the overall evaluated price. End of FAR 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015) (Addendum) FAR 52.212-2 Evaluation -- Commercial Items (Oct 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: •Evaluation Factor 1- Hardware/Software Reverse Engineering and Design Approach •Evaluation Factor 2- Testing/Evaluation Approach •Evaluation Factor 3- Overall Development and Future Production Delivery Schedules •Evaluation Factor 4- Past Performance •Evaluation Factor 5- Price The Non-Price factors, when combined, are significantly more important than 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) FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (May 2014) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2016) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _XX__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _XX__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _XX__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). _XX__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] _XX__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. _XX__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2015) of 52.219-9. _XX__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). _XX__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _XX__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _XX__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _XX__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). _XX__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _XX__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). _XX__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). _XX__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _XX__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). _XX__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _XX__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). _XX__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _XX__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). _XX__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). _XX__ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). _XX__ (ii) Alternate I (May 2014) of 52.225-3. _XX__ (iii) Alternate II (May 2014) of 52.225-3. _XX__ (iv) Alternate III (May 2014) of 52.225-3. _XX__ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _XX__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _XX__ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.216-18 - Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from effective date of the award through last day of the ordering period. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause) FAR 52.216-19 -- Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000 or the cost of 1 circuit board, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of ; (2) Any order for a combination of items in excess of $75,000.00; or (3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) 52.216-22 --Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after twelve months of the ordering period expiration. (End of Clause) 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/these address(es): Federal Acquisition Regulation (FAR) - http://www.acquisition.gov/far/loadmainre.html Commerce Acquisition Regulation (CAR) - http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=d36ee96af38a9fc6cea0bdc595326956&rgn=div5&view=text&node=48:5.0.6.50.44&idno=48 (End of Clause) APPLICABLE COMMERCE ACQUISITION REGUATION (CAR) PROVISIONS & CLAUSES CAR 1352.201-70 Contracting Officer's Authority (Apr 2010) CAR 1352.201-72 Contracting Officer's Technical Representative (COR) (Apr 2010) a. (To be provided at the time of award) is hereby designated as the Contracting Officer's Technical Representative (COR). The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the Contract. The COR is located at: (To be provided at the time of award) b. The responsibilities and limitations of theCOR are as follows: (1) The COR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports and such other responsibilities as may be specified in the contract. (2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the Contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COTR. No such changes shall be made without the expressed prior authorization of the Contracting Officer (CO.) The CO may designate assistant or alternate COR(s) to act for the COTR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor. (End of Clause) CAR 1352.209-72 Restrictions Against Disclosure (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) (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: Jennifer Andrews Contracting Officer U.S. Department of Commerce/NOAA/ERAD Norfolk Federal Building 200 Granby Street, Suite 815 Norfolk, VA 23510 (757)441-3433 (Office) Jennifer.Andrews@noaa.gov (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: U.S Department of Commerce Senior Procurement Executive 1401 Constitution Avenue NW Suite 6422 Washington DC 20230 (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, NW., Washington, DC 20230. FAX: (202) 482-5858. (End of clause) CAR 1352.239-72 Security Requirements for Information Technology Resources (APR 2010) CAR 1352.270-70 Period of Performance (APR 2010) (a) The base period of performance of this contract is from two weeks after date of award through five (5) years. If an option is exercised, the period of performance shall be extended through the end of that option period. (End of Clause) OTHER APPLICABLE PROVISIONS & CLAUSES NOAA Acquisition Manual (NAM) 1330-52.242.70 Submittal of Invoices The Contractor shall prepare and submit an invoice to the COR for approval [with a paper copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month. To constitute a proper invoice, the contractor's invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph titled, "Contractor's Invoice," of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, "Invoices," applies. If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice. 1.Original invoices shall be mailed (via U.S. Postal Service) and emailed to the designated billing office as follows: To Be Determined 2.A copy of all invoices shall be mailed (via U.S. Postal Service) and emailed to the contract administration office as follows: NOAA/Eastern Region Acquisition Division Attn: Shaun Squyres 200 Granby St. Suite 815 Norfolk, VA 23510 Email: Shaun.Squyres@noaa.gov (End of Clause) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a)In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b)The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c)Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of Provision) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (a)The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b)The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c)The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of Clause) NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015) By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in: (a) 41 U.S.C. § 2103 regarding contacts between a federal employee working on a procurement and an offeror about prospective employment; (b) 18 U.S.C. § 207 regarding the restrictions on former federal employees having contact with a federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a federal employee or for which the former federal employee had official responsibility; (c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former federal agency on behalf of another person or entity concerning any official matter; and (d) 41 U.S.C. § 2104 regarding the restrictions on a former federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor. (End of Clause)
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59 -- Development and Replacement of Single Board Controller Cards - SOW and Attachments